All DMCA Notices Filed Against TorrentFreak in 2023 Were Bogus

  • If anyone is curious, currently Yout v RIAA[0] is awaiting oral arguments in the US 2nd circuit court of appeals, Yout having lost in district court. This case centers around the DMCA circumvention notice's sent by the RIAA

    [0] https://www.courtlistener.com/docket/66697744/yout-llc-v-rec...

  • Does torrentfreak have any legal recourse? If the notices keep saying the information is accurate under penalty of perjury, when clearly its not, it seems like they should be able to do something...

  • I really hope that DMCA at least be modified to add a requirement to submit a fee that can be recovered in case of success. Or maybe not recovered at all and cover the cost of investigation. It might help combat the bogus claims. As for the real ones, that's should be part of the cost of doing business. But the current situation that it is almost zero cost will only encourage more bogus and vague claims.

  • The DMCA is complete and utter garbage from its inception to its execution. The fact is that most of the time it seems to be used in a weaponized form because there are zero repercussions for being incorrect or failing to do due diligence before sending one off makes this total garbage.

    I am not unsympathetic to copyright holders but I have no love for this 100 plus year copyright nonsense. There needs to be teeth behind it when a false DMCA is sent because without that places are simply wasting money and draining resources from places they don't like. It's great and all that Google has deep pockets and can afford to review these things but it's still a waste of their time and a waste of their money and since Google doesn't print money out of thin air that comes from their customers.

    The way to fix the DMCA is to actually make this a document that must be filed with the courts. Require a lawyer to sign off on these documents file them with the courts and when they are false documents we're due diligence has not been done to ascertain if there was a true copyright violation or not we can start despairing lawyers and having them held in contempt of court. Eventually lawyers will stop doing this nonsense.

  • I may sound like a broken record but copyright needs reform.

    It does not fulfill its purpose and DMCA is just one symptom of many other issues that stem from the steaming pile of garbage that is copyright in the 21st century.

    edit: typo