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We've freed Cookie's Bustle from copyright hell

Posted by sb057 |3 hours ago |7 comments

vessenes 2 hours ago

Detailed story, very helpful. You nerd baited me, so I went ahead and read 17 U.S.C. § 512(f).

  (f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—
  (1) that material or activity is infringing, or
  (2) that material or activity was removed or disabled by mistake or misidentification,
  shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Like it or not, the US has an adversarial legal system -- and therefore relies on the injured to enforce their rights in court. It seems to me the way to stop this from happening is to sue the takedown provider and the Graceware guy. Damages are hard to prove for a museum, but attorney's fees are clearly covered.

Generally automated take down services are not my favorite business - the DMCA has strong penalties for infringement baked in, and one reason those penalties exist is that there is a strong enforcement clause that the takedown notices are made in good faith. There is no way these were made in good faith based on the facts described.

an hour ago

Comment deleted

cactusplant7374 2 hours ago[2 more]

So no one has discovered the motivation of this person? They must have spent a lot of money to engage in this behavior.