Hacker News new | ask | show | jobs
by masklinn 32 days ago
Oh no, the only part under penalty of perjury is the complaining party misrepresenting their authorisation by the rights holder (17 USC § 512(c)(3)(A)(iv)).

So if you DMCA HN, claiming that this thread infringes on Moana the possible perjury would be for claiming to represent Disney.

Now in theory the content claims are made under the good faith standard (17 USC § 512(c)(3)(A)(v)), and in theory the complaining party could be held for damages, but in practice getting ahold of the complainant is very hard, and suing them for damage is often worse than the actual damage.

1 comments

What if I think I own the rights to Moana?
if you're willing to claim that's the case under threat of perjury a.k.a. you will sit in jail for a couple of days, then go right ahead! The problem is there's roughly zero repercussion for false claims under the current regime.
Depends on the jurisdiction. In the United States, being wrong is not perjurious.