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by mcherm
967 days ago
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> it's unfathomable to me how an unauthenticated user can just make shops go offline with a false claim That behavior is strongly incentivized by US law (the DMCA), which holds Shopify liable for any copyright infringement by the shops on its site unless it performs takedowns in exactly this fashion. To be sure, the law does require the person or entity filing the complaint to attest "under penalty of perjury" that the accusation of copyright infringement is true. But I am not aware of any cases ever where someone was prosecuted for filing false DMCA claims. If this Shopify lawsuit were to hold the person submitting false claims liable for Shopify's expenses in handling the false claims, that might set a useful president. |
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It doesn't. It requires them to attest under penalty of perjury that they are authorised to act on behalf the copyright holder, but not to the accuracy of the take-down claim.