An unfortunate double-standard of the DMCA is that only damages are recoverable in the event of a false takedown.
There's an ongoing case right now that would test whether "loss of free speech" is a recoverable damage.
Best of luck to Automattic, it's nice to see someone taking action.
I read the documents. The one about NewsBuletin seems like it should be a no-brainer. Someone copied the blog posts, posted them on a fake domain, made to look like NewsBulletin, then issued take-down notices as if he owned them, and they were from the real site.
These cases look fairly cut-and-dried. The one thing that makes me wonder is the international angle, neither defendant is located in the US.
Seems like the real prize is setting a precedent to be used in other cases. It would seem recovering monetary awards from international parties may be quite difficult or impossible.
Bringing some needed balance to the situation (from the original post by Paul Sieminski http://en.blog.wordpress.com/2013/11/21/striking-back-agains...) is a good way to put it.
Why hasn't this happened already?
This kind of abuse is often a tool used by scoundrels in acrimonious disputes. Surely, people have wanted to sue in the past. What's been stopping people up until now?
Can I donate to support the case?
Some added commentary from a lawyer:
http://www.popehat.com/2013/11/21/wordpress-goes-on-the-offe...
A very good initiative by Wordpress to deter people from doing this in the future.
Any information who made these false claims?
DMCA has often been used to suppress free-speech. It is high time, this rule is re-visited and some of the context is set right.
One defendant is in India, second is in the UK. How does this work- if they win, how will they collect from India?
dear lawyers,
Isn't there a thing called 'slander of title?'
Would that thing apply in the case of representing someone else's work as your own for the purpose of issuing a DMCA?
Big up to Automaticc for doing this. Right On!
The Next Web article doesn't add anything over the actual notice, which they link to.
http://en.blog.wordpress.com/2013/11/21/striking-back-agains...
EDIT: But it's great that Automattic are fighting this, and I wish them best luck.