How does that even work? How does the DMCA apply such that I can invoke it to tell you to stop linking to my site?
I'm guessing it doesn't, but if you're at the mercy of a hosting service that doesn't actually understand the DMCA you're in a jam.
How does that even work? How does the DMCA apply such that I can invoke it to tell you to stop linking to my site?
I'm guessing it doesn't, but if you're at the mercy of a hosting service that doesn't actually understand the DMCA you're in a jam.
The logic is that DMCA notices are sent under penalty of perjury, and people aren't going to risk perjuring themselves just to improve their SEO or take down a blog post they don't like. Unfortunately, the courts seem willing to accept excuses like "the automated process i use to send out DMCA takedown notices got a little overzealous" as legitimate, so DMCA takedowns are now pretty much just a free-for-all for anybody who wants anything taken down.
Again, and in hopes of a more substantive reply: when has hurting innocents been an effective way to get what you want in a society with political representation for its citizens?
Utilizing the law to its letter and to impose the fundamental flaw in it is simply making that hurt visible.
AFAICT from actually reading the act, they only have to comply with notices meeting the facial requirements, and failing to do so only exposes them to liability for the content covered by the particular notice for which they failed, and only where they would have had liability without the DMCA safe harbor provisions. I'd like to see any analysis supporting the characterization you make here.