What happens if you file false DMCA complaints?

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  • Socks
    Confirmed User
    • May 2002
    • 8475

    #1

    What happens if you file false DMCA complaints?

    If you wrote a script that sent real enough looking DMCA requests for videos, whether they're complying or not.. Would it then be the responsibility of the tube site to sort out the mess of what's real and what's fake?
  • epitome
    So Fucking Lame
    • Jun 2009
    • 12156

    #2
    Expect to be successfully sued by the people you send the notices to. In a proper DMCA takedown notice you affirm that you are the copyright holder or the authorized agent of said holder.

    Below is an example of a proper notice ... note the statement certify under penalty of perjury:

    http://www.futurequest.net/Services/...DMCANotice.php

    Comment

    • JD
      Too lazy to set a custom title
      • Sep 2003
      • 22651

      #3
      Originally posted by epitome
      Expect to be successfully sued by the people you send the notices to. In a proper DMCA takedown notice you affirm that you are the copyright holder or the authorized agent of said holder.

      Below is an example of a proper notice ... note the statement certify under penalty of perjury:

      http://www.futurequest.net/Services/...DMCANotice.php
      DING DING DING

      Comment

      • Sergio Payingsolutions
        Confirmed User
        • Jun 2010
        • 146

        #4
        Is your goal to make honest people stress? Completely illegal.
        Paying Solutions - A New Great Converting Celebrity Program

        Comment

        • Barefootsies
          Choice is an Illusion
          • Feb 2005
          • 42635

          #5
          Originally posted by epitome
          Expect to be successfully sued by the people you send the notices to. In a proper DMCA takedown notice you affirm that you are the copyright holder or the authorized agent of said holder.

          Below is an example of a proper notice ... note the statement certify under penalty of perjury:

          http://www.futurequest.net/Services/...DMCANotice.php
          That is correct.
          Should You Email Your Members?

          Link1 | Link2 | Link3

          Enough Said.

          "Would you rather live like a king for a year or like a prince forever?"

          Comment

          • baddog
            So Fucking Banned
            • Apr 2001
            • 107089

            #6
            Some of the suggestions I see made on GFY lately blow my mind.

            Comment

            • DBS.US
              Geo Cities
              • Aug 2003
              • 11843

              #7
              Originally posted by baddog
              Some of the suggestions I see made on GFY lately blow my mind.
              It's not business, It's entertainment, It's GFY
              Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

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              • alias
                aliasx
                • Apr 2001
                • 19010

                #8
                Sounds kinda fun.
                https://porncorporation.com

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                • Jakez
                  Confirmed User
                  • Jan 2004
                  • 5656

                  #9
                  Flood them with DDOS attacks and DMCA's, that is the only solution.

                  /sarcasm
                  [email protected] - jakezdumb - 573689400

                  Killuminati

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                  • Paul Markham
                    Too old to care
                    • Jun 2001
                    • 52942

                    #10
                    Originally posted by epitome
                    Expect to be successfully sued by the people you send the notices to. In a proper DMCA takedown notice you affirm that you are the copyright holder or the authorized agent of said holder.

                    Below is an example of a proper notice ... note the statement certify under penalty of perjury:

                    http://www.futurequest.net/Services/...DMCANotice.php
                    Sums it up.



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                    Comment

                    • Spudstr
                      Confirmed User
                      • Jan 2003
                      • 2321

                      #11
                      Originally posted by epitome
                      Expect to be successfully sued by the people you send the notices to. In a proper DMCA takedown notice you affirm that you are the copyright holder or the authorized agent of said holder.

                      Below is an example of a proper notice ... note the statement certify under penalty of perjury:

                      http://www.futurequest.net/Services/...DMCANotice.php
                      Not just the people you send notices to, but the people who also hold the proper copyright holders too.
                      Managed Hosting - Colocation - Network Services
                      Yellow Fiber Networks
                      icq: 19876563

                      Comment

                      • minicivan
                        Confirmed User
                        • Jun 2007
                        • 943

                        #12
                        I remember Acacia did this (send legal threats to everyone with none proof) and no one did anything. Pussies.

                        Comment

                        • DWB
                          Registered User
                          • Jul 2003
                          • 31779

                          #13
                          In theory, you get sued. In reality, probably nothing.

                          Comment

                          • Dirty Dane
                            Sick Fuck
                            • Feb 2004
                            • 9491

                            #14
                            Why send false if you can notice the copyright holder.

                            Comment

                            • BittieBucks Eric
                              Confirmed User
                              • Aug 2010
                              • 457

                              #15

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                              • Socks
                                Confirmed User
                                • May 2002
                                • 8475

                                #16
                                So it sounds like this would actually be a problem for most small tube companies?

                                I'm not suggesting I would do this, but as far as someone getting in trouble, they'd just hide behind the same things others do by hosting offshore, obfuscating ownership, etc etc. Sue who?

                                Laws aside, would it not be a challenge for a small company to sort through thousands of DMCA's trying to figure out what's legit and what's not?

                                Comment

                                • Barefootsies
                                  Choice is an Illusion
                                  • Feb 2005
                                  • 42635

                                  #17
                                  Originally posted by Socks
                                  Laws aside, would it not be a challenge for a small company to sort through thousands of DMCA's trying to figure out what's legit and what's not?
                                  Actually ASSuming they are based in the U.S. and care in the first place... A company could do some simple cross referencing and eventually figure out it's bullshit and counter DMCA you.

                                  For example, if you are claiming you are the copyright owner of say Bang Bros, they can easily find out where Bang Bros corporate office is. If all your DMCA info does not match up, they could eventually catch on to someone doing what you proposed. Again, assuming they care enough. Most would simply remove the content and move on with their day. It's not like they have a finite amount of content. Nor is a DMCA a lawsuit.
                                  Should You Email Your Members?

                                  Link1 | Link2 | Link3

                                  Enough Said.

                                  "Would you rather live like a king for a year or like a prince forever?"

                                  Comment

                                  • pornmasta
                                    Too lazy to set a custom title
                                    • Jun 2006
                                    • 20017

                                    #18
                                    Originally posted by DBS.US
                                    It's not business, It's entertainment, It's GFY
                                    Jail can be fun

                                    Comment

                                    • Zyber
                                      Confirmed User
                                      • Aug 2001
                                      • 832

                                      #19
                                      In theory it is illegal to file a false DMCA complaint. But the risk of facing any consequences from this is small.

                                      I don't think you need to fear counter-suits since most of the owners of the illegal sites are doing very shady things themselves, and spend lots of efforts trying to hide their true identity. I doubt that they would like to explain their business in front of a judge, also since they might have hidden away tax money in shelf companies on excotic islands.

                                      If they did sue you, they would have to reveal their identity.

                                      Of course you would need to make this assessment on a case by case basis.
                                      Who are legit, and who are not. Most are not.

                                      Since there is a good chance that you are dealing with criminals it is actually better for you to use bogus contact details to avoid blackmailing and threats of physical violence. Ultimately it could end up with face-to-face meetings with unknown persons, so you should prepared for such confrontations, if they should happen.

                                      Probably filing fake DMCA notices is not a good idea for US-webmasters since US law apply for them. Luckily the world is bigger than that..

                                      Good luck!

                                      Comment

                                      • Major (Tom)
                                        So Fucking Banned
                                        • Nov 2003
                                        • 32492

                                        #20
                                        Originally posted by Zyber
                                        In theory it is illegal to file a false DMCA complaint. But the risk of facing any consequences from this is small.

                                        I don't think you need to fear counter-suits since most of the owners of the illegal sites are doing very shady things themselves, and spend lots of efforts trying to hide their true identity. I doubt that they would like to explain their business in front of a judge, also since they might have hidden away tax money in shelf companies on excotic islands.

                                        If they did sue you, they would have to reveal their identity.

                                        Of course you would need to make this assessment on a case by case basis.
                                        Who are legit, and who are not. Most are not.

                                        Since there is a good chance that you are dealing with criminals it is actually better for you to use bogus contact details to avoid blackmailing and threats of physical violence. Ultimately it could end up with face-to-face meetings with unknown persons, so you should prepared for such confrontations, if they should happen.

                                        Probably filing fake DMCA notices is not a good idea for US-webmasters since US law apply for them. Luckily the world is bigger than that..

                                        Good luck!
                                        It's not just US law, it's followed by every civilized country in the world under the Berne convention.
                                        Duke

                                        Comment

                                        • martinsc
                                          Too lazy to set a custom title
                                          • Jun 2005
                                          • 27047

                                          #21
                                          Originally posted by BittieBucks Eric
                                          Make Money

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