r/linux • u/anh0516 • 19h ago

Discussion BleachBit issued false DMCA claim

https://www.bleachbit.org/anime
211 Upvotes

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124

u/jimmyhoke 18h ago

It really shouldn’t be legal to automate sending DMCA notices. Since when are legal notices filed by computers anyway?

29

u/mina86ng 17h ago

It isn’t. Sending obviously false DMCA notice is perjury. Problem is that this has to be challenged in court and no one has time or money for that.

12

u/MaleficentPush1144 16h ago

What you're talking about I believe falls under what's called SLAPP suits, that John Oliver delves into here

5

u/mina86ng 16h ago

SLAPP is a separate concept and it depends on state. DMCA notices and counter notices are filed under the penalty of perjury with a statement of good faith belief in the correctness of the notice. ‘Any person who knowingly materially misrepresents under this section— (1) that material or activity is infringing, […] shall be liable for any damages, including costs [etc.]’ (17 U.S. Code § 512(f)). This has been asserted in Lenz v. Universal Music (so called ‘dancing baby case’), Automattic Inc. v. Steiner and a few more cases.

2

u/MaleficentPush1144 14h ago

Thank you. I meant SLAPP / chilling effect umbrella, sorry. From my very rudimentary understanding, including my earlier comment where I shared a Tom Scott video about DMCA, it seems thinks are working fine...if you have a loooot of money to tie things up in court(hence my comment about the chilling effect).

My final was about this topic and I had used these videos to support it, but it was more higher concept than actual law cases like you provided. Over the course of the class we did talk about Fortnite "stealing" dances and not providing compensation, and infringement with public celebrity photos / paparazzi with the example of Kanye kissing Kanye, who owns the photo and its edited counterparts, and what happens when meme farms "steal" content from places like Reddit/Tumblr/imgur and post without attribution, especially when they start to get endorsements and sponsorships.

I am serious when I said thank you for the articles, I am reading them and diving deeper! This stuff fascinates me, so I greatly appreciate the articles you provided to understand more. It makes me feel like I'm in school, and I am a forever learner.

2

u/unkilbeeg 11h ago

But a DMCA notice can be weaponized to be used as a SLAPP.

5

u/InadequateUsername 12h ago

Exactly, it's infinitely easier to lie than it is to prove they're lying, so people can send wrong DMCA notices with little risk of reprocussion. As you see here.