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More underutilized parts of the DMCA... 512(f)

copyright

Here in the states we're waiting for a ruling to come down that may provide additional protection for those inappropriately targeted by infringement claims: the decision in OPG v. Diebold. As Wendy notes in a recent OJR article, there's a seldom-used section of the Digital Millennium Copyright Act (DMCA) aimed at stopping misuse: 512(f), which provides that anyone who knowingly misrepresents material as infringing "shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer."

Diggity Donna always comes through with the best... I didn't even remember that this part of the DMCA existed. I knew that the 1201(c)(1) part was-underutilized, but this is just great. I don't think the EFF argued for 512(f) in the OPG proceedings, right? Do we just hope that the ruling will come down cast in this light, or does the coolest-of-cool, Wendy (although I use that for any EFF staff or board member), know something we don't?