this post was submitted on 27 Dec 2023
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Technology
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Since even inadvertent or unintentional copying can be punished as infringement, any takedown should be subject to the same level of scrutiny and false claims should be awarded statutory damages matching infringement of registered works, collectible by the party who’s non-infringing work was blocked, but actionable by any party who is denied access. So if you can’t get to content due to DMCA you can sue, but you cannot recover damages or expenses - if you win, the $175k(?) per fraudulent take down is payable to the content owner. In that way, it’s recognized that an individual looking for content is injured by the takedown, but there is no financial incentive for take-down vigilantism.