They can't just use a bot to DMCA stuff, they have to have a lawyer sign off on it. Granted, in practice, I think they pretty much rubber stamp it, but the law says that they're supposed to be acting in good faith. If they're not, well, they have nobody but themselves to blame. I mean, how can they expect YouTube or the government to police their stuff if even they can't get it right?
Copyright infringement hinges on permission. If even they don't know who has their permission to do what, nor even what they actually own, it seems ludicrous to suggest that the government or other companies should be expected to know.
If they're confused here, it's because they thought they owned these people, only to find out that they do not.
Oops, you're right. You do still have to make that statement under penalty of perjury that has never, to my knowledge, been enforced, about representing the rightsholder and having a good faith belief that something is infringing.
Sorry my statement was so terse. After getting some much needed sleep and rereading it, I most certainly could have written it better/nicer.
Bogus DMCA take-down requests from unknown/anonymous/incorrect entities are actually a significant problem. It would be nice if you were right and only lawyers could send such requests (and risk being disbarred for intentionally misrepresenting facts). Sadly, any anonymous nut-job can send DMCA take-down requests for any reason, and like spam, they can get away with it. I've seen no cases where the stated "penalty of perjury" has actually been prosecuted.
Right, and you cant just robo-sign foreclosure paperwork either. Until the justice department starts doing their job of enforcing the penalties both ways the system will continue to collapse.
Copyright infringement hinges on permission. If even they don't know who has their permission to do what, nor even what they actually own, it seems ludicrous to suggest that the government or other companies should be expected to know.
If they're confused here, it's because they thought they owned these people, only to find out that they do not.