‘United Healthcare’ Using DMCA Against Luigi Mangione Images Which Is Bizarre & Wildly Inappropriate
‘United Healthcare’ Using DMCA Against Luigi Mangione Images Which Is Bizarre & Wildly Inappropriate
Good to know. I've just downloaded a bunch of them to repost. They're not gonna brush this under a rug.
Just in case for those skimming the headline, note the quotes used in it. The author does not claim to know whether or not the company is actually involved in filing these requests, though as he points out, it is plausible.
Someone purporting to be United Healthcare is filing DMCA requests
If it is really the health insurer filing these notices, it wildly oversteps any legal rights the company might have, but if there’s any company willing to preemptively breach the law and dare the other side to spend their limited resources trying to protect their rights it would be a health insurer.
Cough http://smithlawtlh.com/false-fraudulent-bad-faith-dmca-take-claims/ Hack**Cough
http://smithlawtlh.com/false-fraudulent-bad-faith-dmca-take-claims/
Any person who knowingly materially misrepresents under this section...
Too bad nothing can really be done about it. You'd have to spend a lot of resources to fight them in court, and my guess is this is using AI in a shitty way so they can claim they attempted to do everything right but the AI mislabeled some things, or something like that. AI stuff is usually shit, but that is often a feature so they can claim it just did a poor job by accident and they didn't intend for it. You'd have to prove intent in court.
Got to love badly written laws right?
In this case, however, there is clearly no grounds as no IP is even remotely infringed. The onus is on the entity issuing the takedown order to check this (good faith being key, and an automated tool could be argued to operate entirely without this).
Sadly, it would be a long drawn out procedure without great odds of success as you suggest.
I doubt it... You know how there's companies to boost your SEO? There's companies that do literally the opposite - you pay them to bury things on the Internet. It's a service basically exclusively for the rich... There's no money to be made doing this, if a company does it after an exposure they get a brush with the Streisand effect. But if you're rich...want the wrong face to come up on Google images? Don't want pictures of your house? Want people to find the wrong address for you? You can pay to make it happen
I knew a guy who used to do that. This sounds like their techniques - they start by using legal threats to hopefully get the host to take stuff down, and if that doesn't work they then generally use SEO techniques to fill the first 2 pages with misinfo
Sounds to me like a nervous billionaire offered "their guy" to help with the situation
You accidentally broke your link just so you know
It was already janky when I found it - to be fair there isn't much out there about bad faith DMCA because the law is so badly written.
Good luck submitting a DMCA to lemmy
An independent journalist posting a photo of Mangione with his family also received a DMCA request — from a lawyer claiming to represent a family member holding the copyright — even though the image was “originally posted on the campaign website of Maryland assemblymember Nino Mangione.” That site apparently deleted the image and turned around to threaten anyone using it now which is… not how fair use works. But at least this request can claim they have a “good faith” claim, though the system probably shouldn’t reward people for trying to retroactively claim rights after they try to memory-hole their internet history.
lol
Just wait until Nintendo enters the chat..
They really think they own us.
Make weaponizing the DMCA very expensive for them.
Shiiiiit. You know those requests coming from someone like Musk.
