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by rsingel 4770 days ago
That sounds really great, but the courts have been very lenient to those who file false DMCA notices and the burden of proof falls on you to prove that it was filed falsely intentionally.

So, I'd say, don't lawyer up yet. File the counter-notice and if they come after you, then get a lawyer and publicity.

2 comments

Yep, there is no penalty whatsoever for gross negligence, it sucks.
So basically it is in the best interest of any company that is interested in filing these claims without regard for publicity to hire a complete imbecile to do it.

No wonder we see so many idiotic claims.

Who do you think wrote this law?
Plus aren't statutory damages based on the degree of harm? I think it would be hard to show 150k of harm if this was just a side project for the author.
Is the takedown, being knowingly false and implying illegal behavior, defamatory?