Graham Sutherland / Polynomial
> why did Printables not check with the copyright holder before doing the takedown? isn't that a fairly fundamental part of copyright enforcement?
stupid laws and the resulting risk avoidance.
if someone makes a copyright claim to a platform and they do not action it in line with the schedule prescribed by DMCA, the platform operator is open to being sued by the claimant. now, in *theory* the process is "claim comes in, is vetted by a legal professional, and is actioned". but...
Graham Sutherland / Polynomial
@millihertz in the case of a fraudulent claim, the onus is then put on the copyright holder to file a counter claim, which then shifts the burden of legal risk away from the platform and onto the counter claimant, since the counter claim is filed under penalty of perjury.
unfortunately, this leads to an imbalance of consequences that is prone to abuse by harassers and other miscreants. I wrote about it here previously: https://codeinsecurity.wordpress.com/2023/08/16/the-dmca-enables-harm/
Graham Sutherland / Polynomial
@millihertz ... the legal vetting is prohibitively expensive and onerous for any public platform that accepts user submitted content.
so, as a risk avoidance measure, they treat all claims as valid and process them automatically as long as they contain the minimum necessary information as defined by law, *regardless* of whether or not it is an obviously fraudulent or perjuring claim, because if they reject a single valid claim then they can be sued. so they accept everything.
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