DMCA abuses continue

[MrBogosity]

Want to have a video critical of you taken down? You can silence your critics for at least two weeks by filing a false DMCA copyright claim. (Keep doing it and you can even get their account suspended!) James Young did it with Episode 1 of Bogosity, and Bart Sibrel with Episode 3. Kent Hovind and other creationists have been doing it with numerous others.

Several YouTube users got together and started a group to combat this:

[yt]aWZ9XcdbO0w[/yt]

Their channel is here: http://www.youtube.com/dmcaabuse

For the historical heckofit, and in case it may be beneficial to anyone else, I've posted the DMCA counter-claim I used to successfully fight Young's claim: https://www.bogosity.tv/files/DMCA-counterclaim.txt

The counter-claim I used successfully against Sibrel was substantively the same.

DISCLAIMER: I am not a lawyer, nor did I compose the counter-claim with the aid of one. This is not legal advice.

[BZ987654]

Yeah, I saw the new channel. I think the DMCA is a poorly written, poorly thought out law. You can claim DMCA infringement and the videos, etc are taken down before the evidence is examined. 

[MrBogosity]

Yeah, I saw the new channel. I think the DMCA is a poorly written, poorly thought out law. You can claim DMCA infringement and the videos, etc are taken down before the evidence is examined. 

Or even provided. This is actually the reason for the DMCA, as I point out in my video:

[yt-wide]http://www.youtube.com/watch?v=Ue_84-p4kac[/yt-wide]

[IceSage]

Something I remember hearing Thunderf00t say in one of his videos, was that if you abuse the DMCA, you could get in trouble by the law.

But from the way you described the history of the DMCA, and the way that it's being "abused" in a sense... makes me think there's no actual repercussion to filing something with the DMCA at all... So... If I simply wanted a couple of your Bogosity episodes to go down, I could just file with them every time I didn't like what you had to say.

[Teredona]

I remember reading about some of the people you mentioned in your video in the book "A Complete Hacker's Handbook". With the way the DMCA is enforced I think it will take a high profile trial in order to even raise the awareness of the public as a whole.

[BZ987654]

Something I remember hearing Thunderf00t say in one of his videos, was that if you abuse the DMCA, you could get in trouble by the law.

Filing a false DMCA claim is perjury. However, it seems to be rarely enforced.

[MrBogosity]

Filing a false DMCA claim is perjury. However, it seems to be rarely enforced.

Perjury isn't civilly actionable. You have to appeal to the very same people who created the DMCA. So you can guess how often that's gonna happen!

[BZ987654]

Perjury isn't civilly actionable. You have to appeal to the very same people who created the DMCA. So you can guess how often <em>that's</em> gonna happen!

I am going to go out on a limb and say basically never.