WordPress.com is increasingly seeing the improper use of DCMA taketown notices…
“… we’ve seen an increased number of improper notices. … [and one example is]…
“Ivan Oransky and Adam Marcus are experienced science journalists who operate Retraction Watch, a site that highlights and tracks situations where published scientific papers may not be everything they seem. One reader apparently disagreed with a critique published on Retraction Watch – so he copied portions of the Retraction Watch site, claimed the work as his own and issued a DMCA takedown notice against the original authors.
While there are no legal consequences (like fines) under the DMCA for copyright abusers, there is a provision that allows victims of censorship (and their web hosts) to bring legal action against those who submit fraudulent DMCA notices.
So today, we’ve […] take a small strike back at DMCA abuse. We’ve filed two lawsuits for damages under Section 512(f) of the DMCA, which allows for suits against those who “knowingly materially misrepresent” a case of copyright infringement.”