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by Hizonner
905 days ago
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Nah. It takes an act of God to prosecute anybody for perjury, and these wouldn't even be easy cases to win. What NASA and anybody else harmed by this stuff (such as say Google) needs to do is to lobby for parity. The statutory damages for pirating a single pop song in the US are $250,000, and any copyright holder can file a suit to get that amount, under a civil "preponderance of the evidence" standard, without having to involve the criminal justice system at all. Therefore, the damages for knowingly or negligently filing a false DMCA notice should also be $250,000. Either the wrongly accused person or any service provider inconvenienced by the notice should be able to sue for that amount, under the same standard of evidence. If the preponderance of the evidence shows you didn't take proper care to verify a notice, that'll be $250k. For each notice. |
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