As I understand it, they send the takedown notice, you reply, and google’s part is done, legally speaking. At that point, they can sue you to take it down. The problem being, your account goes away if you receive a few of these notices. Google could stop taking videos down if you reply, but I don’t think that’s going to happen, but perhaps at that point, google could require them to pay a refundable fee, google has a look at the video (a real look), and if they find against them, they keep the money. This way bogus claims get a cost to them, but valid claims only have the cost of loaning google the fee.
If Lenz is the high-water mark for takedown perjury, we’re not in a great place. I mean, a District Court’s order in response to a 12(b)(6) motion for dismissal? That’s basically a finding that the suit has some possible cause of action and isn’t totally spurious, and being from a District Court its reasoning is binding on no one. And the big problem addressed by the order itself is that it’s not exactly clear what the remedy would be.
It’s also unclear what level of review would be necessary to meet the proposed good-faith evaluation of fair use. I honestly can’t imagine the bar being very high, or higher courts even accepting this standard at the takedown-notice stage, given the costs it would impose on copyright holders and the fact that fair use is an affirmative defense.
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AIDS denialism isn’t always the work of quacks; here’s a list of AIDS denialists who died of the disease themselves.
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I don’t see how that precludes the work of quacks, sadly. Quacks aren’t always insincere moneygrubbers who only live to hurt others. Sometimes they’re a victim of their own ego and narcissism.
I remember reading an interview with Christine Maggiore, who’s on that list, and thinking, “One day I’m going to read about her death.” (She died in 2008 at age 52.)
Unfortunately, she was fairly successful at getting attention and publicity, even managing to get the support of the band the Foo Fighters. I love the Foo Fighters’ music, but I will never buy their music or go to their shows anymore.
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I thought AIDS bashing was a form of homophobia? That was my understanding anyway, AIDS is “the gay disease” so the more you do to promote it the fewer gay people there will be. Some time ago I saw one particularly hateful missive that claimed AIDS was Gods gift to man to stop the sin of homosexuality.
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