Comments on: 7 Common Questions About DMCA Counter-Notices

By: anonymous

anonymous — Mon, 12 Dec 2011 22:21:59 +0000

“may simply post it anonymously on the same forum?”

John Doe Subpoena per 17 USC 512. There is no real “anonymity” on line in the US if you are a copyright infringer. I assume foreign jurisdictions may have a similar tool.

By: DMCA Abuse in SL - SLUniverse Forums

DMCA Abuse in SL - SLUniverse Forums — Fri, 06 May 2011 13:57:03 +0000

[...] you go. Should answer some questions: 7 Common Questions About DMCA Counter-Notices Specifically see items 3 and [...]

By: Jonathan Bailey

Jonathan Bailey — Fri, 30 Jul 2010 20:02:27 +0000

It is a very serious problem, you are right. However, in my experience, such counter-notices are very rare. Largely because people don't want to swear under the penalty of perjury to something they know to be untrue. That raises the stakes in their mind (and in reality) and they don't want to take the risk of someone who is motivated able able to go after them.

There is a need for an easier way to handle such copyright complaints though, one of the reasons I've seen the idea of a copyright small claims court be kicked around for just such cases. It's an interesting idea at least.

By: Robert S. Lawrence

Robert S. Lawrence — Thu, 29 Jul 2010 04:02:46 +0000

It creates a real dilemma for a copyright holder if a bogus counter-notice is filed. Who wants to hire an attorney and spend $10,000 (minimum) to have someone seek a permanent injunction and statutory damages when the infringer (a) may not have any assets, (b) may simply post your work again on another forum, or (c) may simply post it anonymously on the same forum? In the end, especially when dealing with an overseas infringer, you may find yourself in a very expensive battle which is impossible to ever really win.