RE: [gnso-ff-pdp-may08] The downside of rapid takedown approaches

[Joe St Sauver <joe@xxxxxxxxxxxxxxxxxx>]

George mentioned:

#There was an interesting article in PC World that was noted on Slashdot today:
#
# http://pcworld.co.nz/pcworld/pcw.nsf/feature/93FEDCEF6636CF90CC25757A0072B4B7
#
#It should give those who advocate rapid takedown procedures some
#pause, given that:
#
#"In its submission, Google notes that more than half (57%) of the
#takedown notices it has received under the US Digital Millennium
#Copyright Act 1998, were sent by business targeting competitors and
#over one third (37%) of notices were not valid copyright claims."
#
#indicates a very high rate of gaming, using the DMCA system to create
#false abuse reports.

I'm not sure the data supports that conclusion for a variety of reasons,
including:

-- the DMCA complaints Google receives are not necessarily representative
   of the DMCA complaints that other ("normal") sites receive

-- "Invalid" DMCA complaints may be invalid for many different reasons,
   including but not limited to any one of the following:

   -- failure to include the name, address or signature of the complainant
   -- lack of information sufficiently specific to allow the infringing 
      material to be located (e.g., a URL or the equivalent)
   -- no description of what it is that is infringing (e.g., the title of
      the work or other description of the infringing work)
   -- failure to to assert that there is a good faith belief that there
      was no legal basis for use of the material(s)
   -- failure to assert that the notice is accurate, and that the
      complaining party is authorized to act on behalf of the owner
      (under penalty of perjury)
   -- delivery to a party or address other than the officially designated
      DMCA agent of record

   Many invalid complaints are invalid for entirely understandable
   reasons, including things as basic as failing to keep one's database
   of DMCA agents of record up to date.

If folks *are* knowingly filing inaccurate DMCA complaints, I'd expect
to see a judge get fed up and start handing out sentences for perjury
in conjunction with those complaints.

Regards,

Joe

Disclaimer: all opinions strictly my own