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by bhelkey 689 days ago
> Cloudflare could have told these clowns to go kick rocks without incurring any liability

If Cloudflair didn't remove the content and the content was infringing they could lose their safe harbor protections [1].

In this case the website is obviously parody. This highlights the problems with DMCA. Fraudulent DMCA requests incur cost but are almost never penalized.

[1] https://www.dmca.com/FAQ/What-is-a-DMCA-Takedown

1 comments

Not if the DMCA takedown notice wasn't valid in the first place.

(By valid I mean it correctly follows the requirements in the DMCA, one of them being that it must be for copyright. It does not apply to other kinds of IP, nor does it apply to other violations of the DMCA such as the anti-circumvention provision cough youtube-dl cough)

This is correct and exactly why Cloudflare should have thrown this in the green compost bin the moment it showed up, and written back to say if you send us this kind of trash again, we will sue you.