No burden of proof involved in submitting a takedown.
Online vendors have starting filing takedowns at Google on all their competitors to bump their page to the top of Google search results, because there’s zero burden of proof for them to file. Burden of proof is on the competitors and Google to show these requests as frivolent and/or fraud.
Basically, anyone can accuse you of a copyright violation and you’re guilty until proven innocent, because the copyright act ignored the concept of burden of proof entirely.
Would be a shame if the most frequent abusers of the system suddenly had hundreds or thousands of false dmca claims against them.
“frivolent?”
Frivolent in the case of trolling, or as the network equivalent of swatting someone, stuff like that. Wouldnt really be fraud if there’s no profit…
If you’re a vendor submitting takedowns on competitors, then that’s fraud. If it’s some random redditor dropping a takedown on someone’s webpage over an argument (as a random example I made up), that’s just frivolent in my opinion.
I was being kinda general, or trying to anyway :)
Star Trek ships are damn sexy. I can’t blame the bot for this one.
That’s a nice pair of Nacelles you have there wink wink
This ship is rated NCC-18
Yeah! It’s not anyone’s fault they make their decks so big and wide.
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The solution would be to make fraudulent DMCA takedown notices expensive as f-ck for the issuer. As in: Pay for our legal costs and damages on top. And sign that agreement that you refrain from ever suing us again over the same issue.
