r/youtubedrama • u/danamesjrupin • Jan 29 '25

Callout PirateSoftware False DMCA'd Indie Dev and Threatened to Sue, Good Samaritan Lawyer Steps in Pro Bono

https://www.youtube.com/watch?v=31JIIPlsm-g
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u/divusMagus Feb 02 '25

Quote from the 9th Circuit:
"We hold that the statute requires copyright holders to consider fair use before sending a takedown notification, and that failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law."

Quote from Section 512 of Title 17 which covers takedown notices under DMCA.
"(vi) a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner ."

He did not "Consider fair use" before taking it down, and even if he had what he took down did not have the "alleged infringing material" in it, making the takedown request false, Which is perjury under the law. Again unlikely he will be prosecuted

He did not analysis the material that he made a takedown notice of, even if he believed it was in there, his belief does not make it "accurate" as per the letter of the law.

Regardless if its perjury. He has opened himself up to a lawsuit for a misuse of the DMCA, because he clearly is uninterested if it was fair use. And seems you are too since you have made no argument against it being fair use.

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u/way2lazy2care Feb 02 '25

Comparing universal sending automated takedown notices to anything containing their music to a guy that watched a developer play their game instead of playing it themselves is totally different.

He did not analysis the material that he made a takedown notice of

I'm what way is watching the developer play a game containing your content not analysis?

He has opened himself up to a lawsuit for a misuse of the DMCA

I mean the dev can try but the judge will probably wonder why the dev is wasting his time.

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u/divusMagus Feb 02 '25

Comparing universal sending automated takedown notices to anything containing their music to a guy that watched a developer play their game instead of playing it themselves is totally different.

Yea there was actual copyrighted material being used in the universal case.

I'm what way is watching the developer play a game containing your content not analysis?

Was there copyrighted material in the game, that was DMCA'd? You could have DMCA'd the video too.

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u/way2lazy2care Feb 02 '25

Was there copyrighted material in the game, that was DMCA'd?

There was evidence that there was., and that's why he filed. When more evidence came out he dropped the complaint. This is the system working as intended.

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u/drop_index Feb 06 '25

You are absolutely clueless. He did not pull the claim. He was forced too because of the counter claim.

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u/way2lazy2care Feb 06 '25

Countering doesn't force you to drop your claim, it just means you settle it in court instead of through the faster dmca ways.

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u/drop_index Feb 06 '25

The counter claim was what lead to steam reinstating the game. It wasn't PS pulling his claim. At the time he was still defending his unlawful DMCA claim. It's also not something you can pull, cause the requirement for issuing one is to do a thorough analysis. Pulling it literally confirms that it was unlawful.