Automated DMCA Takedown Notices Request Censorship of Legitimate Sites 192
Techmeology writes "Microsoft has sent automated DMCA notices to Google demanding the removal of several legitimate URLs from its search results that Microsoft claims were facilitating the distribution of illegal copies of Windows 8, including links to BBC news articles, Wikipedia pages, U.S. government websites, and even Bing! The erroneous DMCA notices are being sent automatically by rights holders, who are increasingly using such techniques."
Title 18 Section 1001 (Score:4, Informative)
From the Law
‘‘ 1312. Oaths and acknowledgments
(a) IN GENERAL.—Oaths and acknowledgments required by this chapter—
(1) may be made—
(A) before any person in the United States authorized by law to administer oaths; or
(B) when made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any official authorized to administer oaths in the foreign country concerned, whose authority shall be proved by a certificate of a diplomatic or consular officer of the United States; and
(2) shall be valid if they comply with the laws of theState or country where made.
(b) WRITTEN DECLARATION IN LIEU OF OATH.—
(1) The Administrator may by rule prescribe that any document which is to be filed under this chapter in the Office of the Administrator and which is required by any law, rule, or other regulation to be under oath, may be subscribed to by a written declaration in such form
as the Administrator may prescribe, and such declaration shall be in lieu of the oath otherwise required.
(2) Whenever a written declaration under paragraph (1) is used, the document containing the declaration shall state that willful false statements are punishable by fine or imprisonment, or both, pursuant to section 1001 of title 18, and may jeopardize the validity of the application or document or a registration resulting therefrom.
Title 18 Section 1001
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.
It seems that there is law behind throwing someone in jail.
Re:Bad law is bad (Score:4, Informative)
If you wrongly claim to own the copyright or be the agent of someone who does, there is a penalty under the perjury clause.
Which is what has happened here. Microsoft does not possess any copyright regarding the Wikipedia article on Glock pistols [wikipedia.org]. This is very different from the usual case where overreaching DMCA notices are sent against actual usage of copyrighted material, but where the usage is allowed by law (e.g., under fair use). Here, however, we have the interesting case of a Microsoft representative making a false claim under the penalty of perjury.
Re:Keep it rolling boys (Score:3, Informative)
that's not a bad idea create a corporation and sign your computer and internet connection over to it.
That way nothing you do or say online can be used againist you as it is a corporate computer and immune.