alt Hacker NewsDMCA notices are meant to be submitted "under penalty of perjury", and false notices could in theory result in civil action being taken against those who send them. In practice, neither of these occur even if the sender is a real person, like a record company lawyer lending their name to complaint that are entirely computer generated, or, in this as in so many cases, a completely fabricated identity.
Requiring verification through government ID for takedown notices should be a minimum requirement.
Replies
The "perjury" clause only applies to the claim to be authorised to act on behalf of the rights holder, not the claim that rights are being infringed
https://law.stackexchange.com/questions/51541/has-anyone-bee...
I'd be curious if any prosecutions are a real deterrent - it seems not. YouTube has to follow the DMCA but also enforces its stricter content ID, with popular creators getting hit (and being vocal) and YouTube seeming to "fix" the issues (until next time).
Ultimately the whole system needs reform now where it's easier than ever via LLMs to send off these notices.
We got told by the 9th circuit that false claims submitted under penalty of perjury are actually just "opinions" not capable of being proven true or false.
https://law.justia.com/cases/federal/appellate-courts/ca9/22...