DMCA takedown notices: sure, they provide an easy way for companies or individuals to get copyrighted information pulled from sites like YouTube, but what happens when the process is abused? The DMCA does require takedown notices to be made under threat of perjury, and damages are possible against those that abuse the takedown process by using it for frivolous or fraudulent purposes. The EFF has recently filed two cases against alleged DMCA abusers, and may be prepping a third against Viacom.
A Viacom executive admitted last month that less than 60 of his company’s 100,000 takedown requests to YouTube were invalid. John Palfrey of Harvard’s Berkman Center wonders what rights those 60 people have?
They’ve already admitted to 60, there’s probably much more. Since the following line is part of a DMCA takedown notice:
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is infringed.”
I guess it is time to either throw some executives in jail, or revoke the corporate charter of Viacom.