Slashdot Mirror
Hotfile Sues Warner Bros Over Abuse of Takedown Tool
schwit1 writes with a piece in Torrent Freak about ongoing litigation between Hotfile and a few movie studios. From the article: "Hotfile has sued Warner Bros. for fraud and abuse. Hotfile accuses the movie studio of systematically abusing its anti-piracy tool by taking down hundreds of titles they don't hold the copyrights to, including open source software. Among other things, Hotfile is looking for damages to compensate the company for the losses they suffered."
Near the end of the article it is mentioned that files taken down by the tool were replaced with links to legally procure similar works from Warner Bros.
The use of tools was a significant early step in the development of humankind. Maybe, in as little as a couple million years, the big studios will be ready to be part of civilized society.
Actually, it's worse then that. They then replaced the file (they didn't own) with links to purchase their own works. IMHO (IANAL, though) that is commercial infringement of copyright, and commercial infringement is a criminal offense. So is perjury, for that matter.
Also, Warner Bros should loose their rights under the DMCA to issue takedown requests at all, since they clearly cannot be trusted to issue valid requests. Make them get a court order every single time. Hopefully, this will serve as a nice precedent against automated takedown tools in the future.
"None can love freedom heartily, but good men; the rest love not freedom, but license." --John Milton
Make there be a statutory damage value and cause of action for each false DMCA takedown which is the same ($150,000 ?) as for each instance of copyright infringement.
I'll see your senator, and I'll raise you two judges.
The DMCA gives copyright holders the power to take down content based on little more than their say so. It is therefore very important that making bogus DMCA claims carry penalties commensurate with the damage (both moral and monetary) suffered by those whose content is taken down by means of fraudulent or negligent copyright claims.
"In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
Hotfile is suing Warner, so, Warner does not have the option of dropping that case. I am not quite sure how Warner managed to replace the link with a link to buying something from them, but that is a fairly serious charge (and one I have no trouble believing they would do if possible).
The truth is that all men having power ought to be mistrusted. James Madison
Hopefully, this will serve as a nice precedent against automated takedown tools in the future.
Tools are just tools. This one was abused and should be taken from the abuser, but by no means indicates that the tool itself is bad. This is the other side of the fence of the historic ruling on VCRs that just because you can do something illegal with a tool is not reason enough to ban it.