I see a lot of people saying DMCA about this, but nowhere on that facebook page does it say you are submitting a DMCA request, so you can't possibly be charged with submitting a false one.
Yes, Facebook has to comply with DMCA takedown notices... These aren't necessarily those, though they could be.
Facebook could be handling this better, though. An automated form is probably the worst way imaginable (short of a 1-click link) to handle this.
They obviously have a deficient (missing) counter-notice mechanism. I'm not willing to perjure myself, but I would love to see what happens when several dozen politicians get have their pages mysteriously taken down. Actually, not really, now that I think about it. Seems like a pretty serious social-denial-of-service attack vector. A handful of guys working with basic anonymity tools could make vast swaths of Facebook unusable.
Paradoxically, a mass exploitation of it would be ``good'' in that it would force Facebook to fix the process. Due to the current low volume, the problem lingers, while people and organizations get hurt.
Low volume as compared to other Facebook traffic, anyway.
There was a story going around a couple of years ago about how easy it was to tell Facebook that someone had died, sending their profile into limbo (sorry for the bad pun, but it's the best description I can come up with) that was very difficult and time-consuming to escape from. So needless to say, I'm not surprised by this.
I have an issue with "Facebook could also choose to insist that throwaway email addresses (e.g. Hotmail, Gmail, Yahoo, etc.) cannot be used for these sorts of complaints - that a domain name associated with the brand which claims to being breached is used instead".
Why is it only about corporations? Other people's copyright cannot be violated - say a successful blog that someone hosts on Blogger/Wordpress? Those wouldn't have own-branded email names.
Also, it is confusing "copyright" and "trademark" issues (with the mentioning "brands" like that) - the latter is not subject to DMCA, now is it?
Facebook is not alone in being vulnerable to faked DMCA takedown notices. However, the DMCA requires such notices to be made under the penalty of perjury. If you're willing to perjure yourself, the DMCA has always allowed for you to do so.
I don't agree with the article's suggestion that Facebook can just raise the bar on which notices to accept. It's my understanding that service providers can't implement such restrictions and still qualify for safe harbor protection.
the DMCA as the law and the practices it established is beyond broken. It is a rare occasion where i'd agree with Facebook approach - there is no reason to invest in the lipstick for that pig. Don't like how DMCA works - write to your representative, or even better - elect a one who'd represent people not the money.
By not responding to counter-notices, Facebook is not complying with the DMCA. Though it's not really clear that these copyright claims are honest-to-goodness "on penalty of perjury" DMCA requests.
[update] I was finally able to find a link to the Facebook form (https://www.facebook.com/legal/copyright.php?noncopyright_no...). It appears to say that you affirm this information under penalty of perjury, but it's also a 'non-copyright' claim which I'm not sure falls under the DMCA. It definitely doesn't say that it's a DMCA notice anywhere on that page.
Yeah, it gets a lot of flack, but I don't think it's so terrible. It provides a safe harbor for hosting providers (very good); it provides a simple way for rights holders to stop infringement (good); and it provides a simple way to dispute a takedown notice (good). The only bad part is that it's subject to frivolous takedowns, but this is mitigated by my third point and the fact that it's a crime to submit a false takedown notice.
Why does everybody always suggest changing politics is as simple as electing a new congress critter.
What we need is outside of the box thinking - maybe urls which change so fast that there is no way to identify the content behind them for a DMCA? That would obviously mean we would need a way to redirect people but it would at least have a chance of working, were as politics doesn't.
Yes, Facebook has to comply with DMCA takedown notices... These aren't necessarily those, though they could be.
Facebook could be handling this better, though. An automated form is probably the worst way imaginable (short of a 1-click link) to handle this.