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The First DMCA 512(f) Takedown Threat Damages
Posted by Rebecca Bolin on Friday, October 01 @ 10:21:55 EDT Digital Millennium Copyright Act
Remember the 13,000 internal Diebold memos posted by students last year? Remember their campaign to get others to host after their takedown letters? Well, the lawyers at EFF have been hard at work all this time, and they have won the first DMCA 512(f) damages yet. 512(f) entitles alleged copyright infringers and their ISPs to costs for takedown requests in bad faith, but in the rich history of the DMCA, they had never been awarded until Thursday. A California judge ruled Diebold misrepresented the students' actions and awarded the DMCA-authorized damages. EFF estimates the damages will be six figures. This case changes the landscape of future DMCA litigation by actually giving some bite to the balancing provision. As EFF had hoped, this gives more power to ISPs and alleged infringers given illegitimate takedown orders.
 
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