DMCA Misuse: Trying To Take Down A Negative Movie Review

from the this-again? dept

Mon, Jan 14th 2008 4:48pm — Mike Masnick

All too often, we're seeing the DMCA abused by people who aren't using it to takedown copyright infringing materials, but to shut down sites they don't like. The latest example involves some filmmakers and a movie review site. The review certainly was not particularly positive, leading to a rather random series of complaints and threats against its author. While we won't get into the claims of libel and defamation, which go into an entirely separate arena, the fact is that the filmmakers are using the DMCA to try to get the site taken down completely, bringing up all sorts of claims in the DMCA notice. It's difficult to see how a review of a movie can infringe on the copyrights of that movie unless it was showing the movie itself (which does not appear to be the case). It's worth pointing out that a DMCA takedown notice is only supposed to be for copyright infringing material, so including charges of libel and defamation in the takedown seem rather unnecessary. Even more amusingly, though, the takedown notice includes a bunch of random charges that aren't actually illegal, such as: "linking to other websites without any authorization to do so." In fact, the whole thing is so over-the-top, you have to wonder if it's simply part of an attempt to use the Streisand Effect to drum up some publicity for the movie.

Filed Under: abuse, dmca, unauthorized links

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Anonymous Coward, 14 Jan 2008 @ 5:06pm

I generally tend to think TD overestimates the applicability of fair use...

But critical reviews are explicitly mentioned in the fair use law. There's no question here that even if they were showing excerpts of the movie, there is no case here.
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Anonymous Coward, 14 Jan 2008 @ 6:09pm

The DMCA notice should include "horrible site design" "god awful color scheme" and "some of the worst html coding in history" as reasons for take down.
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Cameron Meeks, 14 Jan 2008 @ 6:25pm

Take down
OK Word Press appears to be the only people who should be able to lodge a DMCA notice. America needs more ditch diggers and fewer lawyers.
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Cameron Meeks, 14 Jan 2008 @ 6:25pm

Take down
OK Word Press appears to be the only people who should be able to lodge a DMCA notice. America needs more ditch diggers and fewer lawyers.
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Cynic, 14 Jan 2008 @ 6:57pm

And how is this different than the guy who tried to sue Google because squinting at their name upside down and backwards he could see some of the digits of his tax ID? (http://www.techdirt.com/articles/20070919/041030.shtml)

Clearly it no longer takes sanity or intelligence to try to abuse the legal system, this just being the latest example.
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Anonymous Coward, 14 Jan 2008 @ 7:50pm

Re: Take down
QFT.

Too many Americans want easy money. I know because I'm one and I do. It is why I'm going into the IT field.
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Anonymous Coward, 14 Jan 2008 @ 7:59pm

Why Not?
Bogus DMCA takedown notice? If you've got the money, then why not file one? It's not like you'll go to jail for it or anything like that.
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Jon, 14 Jan 2008 @ 8:01pm

Re: Re: Take down
"It is why I'm going into the IT field." by #6.. LOL, you have been lied to or you are thinking of IT at the end of the 90s beginning of 2000s.

Healthcare and regulation/auditing (SOX, HIPPA) are the way to go today. At least that is what I am seeing after 12 years in IT. YMMV
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Lolly, 14 Jan 2008 @ 8:08pm

Re
Your movie sucks. So do you. Sue me, b**ch.
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MadJo (profile), 15 Jan 2008 @ 1:36am

Well if they intend to go for the Streisand effect
It's actually causing me to want to avoid the movie at all costs. In other words it's a reverse Streisand. (or dnasiertS)
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Ed C, 16 Jan 2008 @ 7:57am

The DMCA is just a catchall claim for everything that piss off corporations these days. I should create patents for the processes involved in creating useless DMCA notices and sue all their asses!
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The Massie Twins, 10 Apr 2009 @ 9:25pm

Great points everyone - interesting read!
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