2020-05-03 - Sony Interactive Entertainment Europe Limited: Last of Us 2 DMCA 2

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Learned Hand

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Show me where it says Lolcow LLC in that DMCA.

I mean nothing they've done is any kind of official court filing to begin with so far. A DMCA warning isn't even an official notice that requires a response in a case like this, I think the other poster conflated their e-mail with some kind of official service of process. You responded because they'd just go over your head otherwise, but they know as well as we do sending an angry e-mail to someone doesn't really require any kind of acknowledgment. I was wrong, DMCA strikes are absurdly strong for who can use them.

To the point though, if they did actually file something officially, it would be against the LLC, and in that case, everything else said is correct; licensed counsel would have to be retained as required by law (even though the law in this case is pretty dumb).
 
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Null

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A DMCA warning isn't even an official notice that requires a response in a case like this
Yes it is. DMCAs require legal counter-notification or I by default commit infringement. See 17 U.S. Code § 512(g)(2)(B). This is why the DMCA is so strong. If someone ignores a DMCA, they owe you money. If the service provider ignores your DMCA, they owe you money. If they want to counter, they have to dox themselves. (§§ (g)(3)) That's why a lolcow can DMCA a YouTube video and get it down. Either the creator responds with a legal address, or they ignore it and Google has to take liability or remove it.
 

Learned Hand

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Yes it is. DMCAs require legal counter-notification or I by default commit infringement. See 17 U.S. Code § 512(g)(2)(B). This is why the DMCA is so strong. If someone ignores a DMCA, they owe you money. If the service provider ignores your DMCA, they owe you money. If they want to counter, they have to dox themselves. (§§ (g)(3)) That's why a lolcow can DMCA a YouTube video and get it down. Either the creator responds with a legal address, or they ignore it and Google has to take liability or remove it.

TIL. Stuff like the DMCA is way outside my usual wheelhouse, suffice to say it's pretty absurd that a process like that for a non-court filing exists, especially considering the DMCA can be leveraged by a non-attorney, non-official, or non-court entity. Absolutely bonkers.
 

Null

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TIL. Stuff like the DMCA is way outside my usual wheelhouse, suffice to say it's pretty absurd that a process like that for a non-court filing exists, especially considering the DMCA can be leveraged by a non-attorney, non-official, or non-court entity. Absolutely bonkers.
Non-Americans. With Anisa, a Greek man operating a British company representing a Canadian woman, without any degree certification or license required, is filing urgent legal documents I _have_ to reply to and which Google _has_ to deal with.

Burn the DMCA, execute everyone who used it.
 

AnOminous

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Yes it is. DMCAs require legal counter-notification or I by default commit infringement. See 17 U.S. Code § 512(g)(2)(B). This is why the DMCA is so strong. If someone ignores a DMCA, they owe you money. If the service provider ignores your DMCA, they owe you money. If they want to counter, they have to dox themselves. (§§ (g)(3)) That's why a lolcow can DMCA a YouTube video and get it down. Either the creator responds with a legal address, or they ignore it and Google has to take liability or remove it.

They still have to prove infringement. The DMCA creates no free-standing liability of its own. It just eliminates the possibility of vicarious or contributory liability for service providers that previously existed under cases like Religious Technology Center v. Netcom when a service provider was notified of claimed infringement and did not disable access.

The only new liability created by the DMCA is in the anti-circumvention provisions prohibiting circumventing DRM.
 

Kosher Salt

(((NaCl)))
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They still have to prove infringement. The DMCA creates no free-standing liability of its own. It just eliminates the possibility of vicarious or contributory liability for service providers that previously existed under cases like Religious Technology Center v. Netcom when a service provider was notified of claimed infringement and did not disable access.

The only new liability created by the DMCA is in the anti-circumvention provisions prohibiting circumventing DRM.
In theory the party filing the DMCA notice has to prove infringement. However, that only happens if they actually try to sue. In practice, it rarely gets that far, because the service provider that receives the DMCA takedown notice usually just rolls over and takes down the allegedly infringing material.

Sometimes, the service provider doesn't even let the user whose content they removed counter the DMCA takedown; their user agreement / terms of service has a clause that says they can remove content in their sole discretion, which means it doesn't matter whether or not anyone thinks the DMCA takedown has merit.
 

Null

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Sometimes, the service provider doesn't even let the user whose content they removed counter the DMCA takedown; their user agreement / terms of service has a clause that says they can remove content in their sole discretion, which means it doesn't matter whether or not anyone thinks the DMCA takedown has merit.
Which I think should be a clause in the law. If you decide to remove content over a DMCA without letting the service flow down to the user, you should be accepting liabiliity for other DMCAs as well.
 

Kosher Salt

(((NaCl)))
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Which I think should be a clause in the law. If you decide to remove content over a DMCA without letting the service flow down to the user, you should be accepting liabiliity for other DMCAs as well.
I tend to agree with you, but you end up in the weeds. Ostensibly, they're not removing content over a DMCA, they're removing it because it violates their Terms of Service, which say that you can't violate copyright (and they get to be the sole arbitrators of deciding whether you did). Then you run into the problem of trying to legally force a company to provide a service to someone when they've arbitrarily decided that they don't want to... it's really tough for the government to punish them for not doing that unless their underlying reason for denying service is the user's legally protected class (i.e. a snowflake).
 

HomerSimpson

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Non-Americans. With Anisa, a Greek man operating a British company representing a Canadian woman, without any degree certification or license required, is filing urgent legal documents I _have_ to reply to and which Google _has_ to deal with.

Burn the DMCA, execute everyone who used it.
This is the one thing Canada has over america in terms of "free speech". For piracy, it comes down to if the person who is pirating it is making money, and DMCA has 0 control here. I've seen some sites even put that in their legal statement as a "fuck you" to some companies.
 

Shaka Brah

Patriotic Ass-Blasting Poster
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This is the one thing Canada has over america in terms of "free speech". For piracy, it comes down to if the person who is pirating it is making money, and DMCA has 0 control here. I've seen some sites even put that in their legal statement as a "fuck you" to some companies.
Too bad you can go to prison for calling a feminist a bitch online.
 

HomerSimpson

I AM SO SMRT!
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Too bad you can go to prison for calling a feminist a bitch online.
Where did that happen? Cause even the faggot bill c-16 laws say I have to respect their mental illness is a case by case system depending in the jurisdiction. I live in alberta, a "conservative" province that doesn't give much if a shit about all that.
 

Lone Outsider

Enjoy your life as a laughing stock.
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I actually liked first The Last of Us, but they just had to turn up the SJW fuckery to the game up to eleven. And now that I heard that fucking Amerindian cunt was involved, if a Troon is her vision of a strong woman, then she needs to get her head examined, properly with a golf club if things go south.

If they kept on building on what they had and tried to improve the game instead of using it as their mouth piece for their woke agenda, it would properly be close to God of War 4 in terms of success but that's just me being optimistic.
 

Chan the Wizard

My Gemsona is autistic
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Imagine making it super easy for super sensitive leaks from your servers about shit you didn't want people to see and then sperging out and DMCAing everything about the leak instead of making the servers harder to crack and stop leaks.

Imagine making a good game with a good story that when it leaks people are like holy shit I want this instead of lmao it’s ma’am.
 

Nick Gars

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Sony’s legal team must be baffled that Null didn’t just roll over.
It's the reason I respect Josh. You give him orders and he retorts with "lol I do whatever the fuck I want." Too many people these days are afraid to just tell people to fuck themselves, not our Errverlord though.
 

Computer Guardian

To Mend And Defend
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Imagine making a good game with a good story that when it leaks people are like holy shit I want this instead of lmao it’s ma’am.
Too bad all of Naughty Dog's good writers left after what? Jak And Daxter or Uncharded?, so even if TLOU2 turns out to be a good game, The story will make the game look infinitely worse, especially with un-needed politics.
 

AnOminous

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It's the reason I respect Josh. You give him orders and he retorts with "lol I do whatever the fuck I want." Too many people these days are afraid to just tell people to fuck themselves, not our Errverlord though.

It's because if you do that some megacorporation can really fuck up your life. It's one advantage to having an already completely fucked up life. "Go ahead. . .TRY and make it worse, bitch."
 

SolidZone 26

My name is Aaron Wing Li
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I actually liked first The Last of Us, but they just had to turn up the SJW fuckery to the game up to eleven. And now that I heard that fucking Amerindian cunt was involved, if a Troon is her vision of a strong woman, then she needs to get her head examined, properly with a golf club if things go south.

If they kept on building on what they had and tried to improve the game instead of using it as their mouth piece for their woke agenda, it would properly be close to God of War 4 in terms of success but that's just me being optimistic.
Tbf God of War 4 is worse than God of War 3.
 
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