Magistrate Judge Recommends First-Ever Damages Award for Fraudulent DMCA Takedown Notices

On October 6, 2014, a magistrate judge for the U.S. District Court for the Northern District of California recommended a first-ever award of damages to a blogger and the operator of the WordPress blogging platform – Automattic, Inc. – based on lost work and time spent dealing with false Digital Millenium Copyright Act (“DMCA”) takedown notices. The DMCA provides for damages, costs, and attorneys’ fees against abusers of the takedown provision. Such remedies against abusers are available to the alleged infringer, the copyright owner, and the Internet Service Provider for taking the material down and restoring it.

 

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