The real problem is that misuse is not followed by ruinously high penalty. False claims should result in statutory damages of tens thousands per claim. That is the way to prevent misuse.
replyA lot of the problem with DMCA is how its been implemented by companies. There is a provision in the original law making it a crime to make false claims, but organisations like Youtube don't bother to make it even possible to counter claim in that way and trigger that side of the law. Everyone seems to have forgotten it was even part of it, I have never seen it enforced.
reply> don't bother to make it even possible to counter claim in that way and trigger that side of the law
replyIt's not their responsibility. For that part of the law, you need to get your lawyer involved. And your lawyer will probably tell you not to waste your money, because the way the DMCA was written makes it practically impossible to find enough proof to actually win.
I don't think the "internet is a series of pipes" politicians could've foreseen Youtube or TikTok, but had I believed that the authors of early internet legislation had that foresight, I would've accused the law of being intentionally written to lead to these implementations.
Then it is a bad law if you can just implement half or it & still be compliant. It should have penalties for doing that.
replyMy personal website: https://purpleidea.com/ has been DMCA'ed by some scammer and I still haven't gotten it back out. Google ignores the counter notices, and who knows where else the scammer (masquerading as a legitimate takedown company) has sent notices. Bing and DDG (same basically) have all delisted it.
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