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DMCA Takedown Notice For a Fake ID

Posted by kdawson on from the points-for-chutzpah dept.

TrippTDF writes "Rachel Hyman, an artist and bartender in New York City, maintains a blog where she regularly posts images of fake IDs she confiscates from would-be underage drinkers, along with a description of the confiscation. Recently, one of her posts (Google cache) was taken down when the owner of the fake ID invoked the DMCA against Blogspot. Can one claim a forged document as a copyrighted work of art?"

6 of 563 comments (clear)

  1. Wouldn't the picture at least be copyrighted? by Anonymous Coward · · Score: 5, Insightful

    Wouldn't the picture at least be copyrighted?

  2. yes. next question? by dAzED1 · · Score: 5, Insightful

    In much the same way that I can claim to have invented computers, someone can claim that an illegal document is covered under the DMCA. It is an invalid claim, as no illegal document can be protected in such a manner, but it is a claim none the less.

  3. Um ... by WrongSizeGlass · · Score: 4, Insightful

    ... isn't claiming to be the "creator"/"artist"/"author" of a fake ID admitting to counterfeiting? Perhaps not the smartest move ever. And since a DMCA 'takedown notice' is a legal document denying authorship of the fake ID later would probably be perjury.

    I sure hope this ends badly for the underaged drunk wannabe.

  4. Of Course by passthecrackpipe · · Score: 4, Insightful

    Do you really believe the DMCA is about copyright? Its about having a stick to poke when anybody says anything you don't like on the Internet. The people that created and passed it don't care if others use it as well, as long as *they* get to use it

    --
    People who think they know everything are a great annoyance to those of us who do.
  5. forgery, uttering, and big fish-little-pond-ness by SuperBanana · · Score: 5, Insightful

    Either way, trying to claim it was an original work seems really dangerous as its basically an admission of forgery.

    Yep, it was not very smart. Until the DCMA request was filed, the only thing the underage girl could be reasonably convicted of when she hands a fake ID to someone is uttering, ie, presenting forged papers as legitimate. Well, and any additional laws she broke that may be specific to presenting false ID for the purpose of buying alcohol and being underage.

    If she filed a DCMA request which implies she's the creator of the work, it's not terribly hard to prove that she's guilty of both forgery and saying.

    Sidenote: I've seen half a dozen slashdotters declare "OF COURSE you can't copyright a forged document!", and yet have not offered any citations, explanations (that make any kind of sense) or case history. A cookie to the first poster that does.

    Sidenote number two: I'm not really cheering for this waitress. She's got a severe "big fish, little pond" complex going.

    • It's not her job to play Twenty Questions, or Detective, or engage in religious profiling. Apparently the girl is from a "mostly Jewish" neighborhood, and while Jewish law prohibits desecration of a dead body, that does not mean someone from a "mostly Jewish" town WOULDN'T be an organ donor. Maybe their parents were Jewish, and they're agnostic, for fuck's sake. Why should someone have to explain all that to get a beer?
    • Confiscating a license, or any other ID, is a great way to end up in a heap of trouble unless it is specifically allowed in your jurisdiction (which it is, in many cases. But stupid if it's not.) The right way: take the ID, walk to the office, call the cops. Wrong way: taunt her, make fun of her, and NOT call the cops.
    • Posting people's IDs, forged or not, is a great example of spitting into the wind. The state is probably not terribly pleased at seeing examples of counterfeit documents posted, and if it turns out it IS a legitimate ID, now you're doubly fucked, because you just confiscated a valid ID, provided proof, AND copied an official state document, AND posted private information. If the forged ID came from a ring, they're going to be pissed their ID made it onto the net. The girl, her parents, friends, etc are going to be pissed too.That's a great way to wake up one morning and find your tires slashed and a rock through your windshield. Lose, lose, lose situation. And for what? Some attention-whoring on the 'net....
    --
    Please help metamoderate.
  6. Re:Rachel is cool by DragonWriter · · Score: 5, Insightful

    If she asked for an ID, and reasonable documentation was provided, she's fulfilled her obligation under the law, and the liability now rests with the minor.


    Wrong. Under the text of the law you quoted, if she actually relied on the document (that means she subjectively believed it was accurate) and that belief was reasonable, then she would not be liable. If she, in fact, recognized the document as false or merely believed it to be false, she would have been liable—even though it may be difficult to prove if she lied about it—because then she would not have relied upon the document, reasonably or otherwise.