Anyone Can Take Down Facebook Pages with a Fake Email Address
readwriteweb.com
readwriteweb.com
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.
Low volume as compared to other Facebook traffic, anyway.
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?
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.
If there's a story here, it's that Facebook might not be properly processing counter-notices: http://www.chillingeffects.org/question.cgi?QuestionID=132
I've only dealt with 512(a) (while working an abuse-desk at an ISP), I'd be interested to hear more from people experienced with 512(c).
[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.
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.
No, seriously. The page works exactly as they intended. It just so happens that malicious people can exploit that functionality to their own ends.
Instead, you want them to redesign that system. It's flawed from the ground up.