Case puts 512(f) at the forefront with lots of twists
Section 512(f) of the DMCA provides that if someone makes a material misrepresentation in a DMCA notice or counter-notification, they can be liable for damages, including costs and attorney’s fees. The standard applied is a difficult subjective standard and the section has never really been applied in any meaningful way.
Mike Masnick at Tech Dirt has an excellent story about a case where 512(f) may actually be enforced. The case is full of strange facts and interesting dynamics. The EFF and others have filed amicus briefs to the chagrin of the parties. As Mike says in his article, “… Either way, this case is shaping up to be a key one to watch in determining whether or not there are any teeth at all (even little ones) associated with 512(f) in providing a tool for those who have been attacked with bogus DMCA filings.”
Mike’s comprehensive story can be found here.