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by hyeonwho22 977 days ago
False DMCA claims are perjury, which is (at least in some states) a felony.

The rationale is that the DMCA gives complainants the ability to restrict others' speech, and so the law wants to strongly disincentivize abuse of that power.

1 comments

Are DMCA claims under oath?

In any case, I didn't express it well. What I intended was that, in my personal opinion, these matters should be treated as a civil matter in view of copyright essentially being a tort.

USA Americans seem to contort the notion of speech beyond recognition. Being prevented from publishing a video someone else created, say, doesn't inhibit your right to express any opinion (aka freedom of speech). But of course, disincentivising abuses of power is always good.

> Are DMCA claims under oath?

Yes. DMCA claims are made under penalty of perjury.

> Being prevented from publishing a video someone else created, say, doesn't inhibit your right to express any opinion (aka freedom of speech).

Indeed, the inhibition of free speech is when you are prevented from publishing a video you created, because someone else falsely claims that they created it. Hence the felony.