At some point, we, as a society, are going to realize that farming copyright enforcement out to bots and AI-driven robocops is not the way to go, but today is not that day. Long before AI became th…
  • reddig33@lemmy.worldEnglish
    5·
    10 days ago

    I am not a lawyer, but leaving DMCA requests to an automated system that doesn’t work properly sounds like ‘willful blindness’:

    “Section 512(f) of the DMCA for parties who knowingly and materially misrepresent that third-party content is infringing in a takedown request. A knowing representation can be inferred from business practices that constitute ‘head in the sand’ willful blindness—a meaningful risk for companies who handle their DMCA takedowns in-house and without input from legal counsel. Under the wrong circumstances, erroneous DMCA takedowns can lead to liability for tortious interference as well.”

    https://perkinscoie.com/insights/article/district-court-decision-indicates-liability-erroneous-dmca-takedowns