Feeds

EFF accuses Warner of spamming DMCA takedown notices

Computerized checking misses the mark

  • alert
  • submit to reddit

High performance access to file storage

The Electronic Frontier Foundation (EFF) has accused Warner Brothers Entertainment of using a flawed computer program to send out takedown notices without proper oversight.

The claims were made in an amicus curiae (friend of the court) filing in the ongoing legal battles between the entertainment industry and Hotfile, which distributes content that is often illegally shared. In 2011, the MPAA sued Hotfile and its owner Anton Titov, who promptly countersued Warner for requesting media takedowns of content to which it did not own the rights, under the terms of the Digital Millennium Copyright Act (DMCA).

Much of the legal battle is still sealed, but according to the brief, Warner has acknowledged that the notices were sent out incorrectly, saying they were mistakes churned out by the software while searching for content. The EFF brief points out that such practices are barred under the terms of the DMCA.

"The law requires the sender of a takedown notice has to have a good-faith belief that their copyright is being infringed," Mitch Stoltz, staff attorney at the EFF told The Register. "The system they are using appears to only be looking at file names, and sending out notices with no human review of the requests, or even an automated review of the file in question."

In essence, the EFF claims, Warner is attempting to set a precedent that would allow DMCA takedown notices to be used for competitive advantage. By being able to blame the whole thing on computer error, companies would have a "perverse incentive to dumb-down the process," the brief reads.

The EFF points out that over a third of takedown notices received by Google are false, and warns the problem will get worse if Warner wins this point. Based on some of the practices with takedowns El Reg has seen, the EFF has a point. ®

High performance access to file storage

More from The Register

next story
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
One year on: diplomatic fail as Chinese APT gangs get back to work
Mandiant says past 12 months shows Beijing won't call off its hackers
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Big Content goes after Kim Dotcom
Six studios sling sueballs at dead download destination
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Alphadex fires back at British Gas with overcharging allegation
Brit colo outfit says it paid for 347KVA, has been charged for 1940KVA
Jack the RIPA: Blighty cops ignore law, retain innocents' comms data
Prime minister: Nothing to see here, go about your business
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.