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Story: Microsoft Uses DMCA To Block Many Links To Competing Open OfficeTotal Replies: 6
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penguinist

Aug 18, 2013
12:37 PM EDT 		Searching for "office" on google puts openoffice.org in the #3 slot. Its interesting that the #2 slot points to "The Office" TV series.
caitlyn

Aug 18, 2013
5:50 PM EDT 		I wouldn't be surprised at all that Microsoft files inappropriate DMCA notices. While this does not meet the definition of censorship AT ALL there should be a penalty for filing false notices, with an increasing penalty for repeat offenders.
jdixon

Aug 18, 2013
8:22 PM EDT 		> While this does not meet the definition of censorship AT ALL there should be a penalty for filing false notices, with an increasing penalty for repeat offenders.

In theory, there is. It is my understanding that those notices are considered to be given under oath. False notices would therefore be perjury, both for the company and for the law firm issuing the notice. If the law were enforced, there would be severe penalties for multiple infractions.

Unfortunately, you may have noticed that US residents no longer live in a country where the law seems to matter, at least for those with lots of money or political connections.
BernardSwiss

Aug 18, 2013
9:52 PM EDT 		I think that, as the law is written, there's an escape clause -- somthing along the lines that DMCA takedowns made in "good faith" or by "honest mistake" aren't subject to punishment.
jdixon

Aug 19, 2013
6:12 AM EDT 		> ...somthing along the lines that DMCA takedowns made in "good faith" or by "honest mistake" aren't subject to punishment.

A pattern of multiple such false statements would sort of break that "good faith" or "honest mistake" defense, wouldn't it?
Bob_Robertson

Aug 19, 2013
9:38 AM EDT 		> at least for those with lots of money or political connections.

As it has always been, and always will be, so long as arbitrary power is obeyed.
JaseP

Aug 19, 2013
6:56 PM EDT 		DMCA abuse is very common among content producers. They use it for everything from shotgun take-down requests to attempts to silence reviews/criticism. So long as the DMCA remains "the law of the land," the abuses will continue. Plus, those who support the DMCA have more lobbyists and financial backing than those who oppose it...

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