Upvoted: [Censorship] Naughty Dog can be taken to court over DMCAs issued over the content discussing of spoilers from the leaks. Meet Online Policy Group v. Diebold, Inc. (2004). via /r/KotakuInAction


[Censorship] Naughty Dog can be taken to court over DMCAs issued over the content discussing of spoilers from the leaks. Meet Online Policy Group v. Diebold, Inc. (2004).

So I wanted to point out that if content creators had social media postings taken down via a DMCAs over discussing the leaked content, there is a legal precedent to go after Naughty Dog for such actions. If you had social media content taken down for leaked footage being used then it is of my opinion this will only work if the footage is used under the established fair use grounds that have been established under existing current case law.

The basic gist is Diebold, the voting machine manufacture who is now known as Premier Election Solutions, had a bunch of emails leaked and issued DMCAs over the publications of emails within articles published talking about the leaks. A few people stood their ground and sued Diebold over the issue with backing from the Electronic Freedom Foundation and the Stanford Center for Internet and Society. Diebold lost and it's cited they had to pay the OPG's, " monetary relief, including attorneys' fees and costs, to which they belief they are entitled pursuant to 17 U.S.C. § 512(f)." Wikipedia states it was around $170,000 USD.

Here is the Wikipedia page on the court case. You can get the basic rundown of the case from there. You can read the full court decisions at this link.

Spread the word about this to all affected content creators that have been affected and maybe we could pool up some support for another legal case to further curb abuse of the DMCA system by large companies and businesses.

Submitted May 02, 2020 at 04:29AM by davidverner
via reddit https://bit.ly/2WfZW2k