Sam I Am
03-30-2012, 09:58 AM
The RIAA and MPAA members do this all the time on Youtube. Everyone that has their stuff unjustly taken down should sue the hell out of both of them. I'm surprised Google doesn't do this. Google created a system where the RIAA and MPAA members can just remove content (or play ads on it) without even talking to Google and they abuse it.
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The decision sets an important precedent. As far as we are aware, this is the first time damages have been awarded where a third party had content removed from the Internet without legal justification. In light of this decision, if a person falsely tells a file-sharing or social media website that they own copyright in an image or movie to have it taken down, and in fact that is not the case, it could be actionable as an unjustifiable threat.
The decision also provides clear guidance as to the principles the courts will apply in assessing the quantum of damages recoverable for unjustifiable threats.
Complete Story (http://www.mallesons.com/publications/marketAlerts/2012/Pages/Well-known-Australian-artist-receives-damages-award-for-unjustifiable-threats-of-copyright-infringement.aspx)
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The decision sets an important precedent. As far as we are aware, this is the first time damages have been awarded where a third party had content removed from the Internet without legal justification. In light of this decision, if a person falsely tells a file-sharing or social media website that they own copyright in an image or movie to have it taken down, and in fact that is not the case, it could be actionable as an unjustifiable threat.
The decision also provides clear guidance as to the principles the courts will apply in assessing the quantum of damages recoverable for unjustifiable threats.
Complete Story (http://www.mallesons.com/publications/marketAlerts/2012/Pages/Well-known-Australian-artist-receives-damages-award-for-unjustifiable-threats-of-copyright-infringement.aspx)