Reply to post: Re: overhaul?

HBO slaps takedown demand on 13-year-old girl's painting because it used 'Winter is coming'

gnasher729 Silver badge

Re: overhaul?

"Start by overhauling DMCA" - not necessary for this case at all. This website

http://www.lexology.com/library/detail.aspx?g=13f9814f-b56e-4314-8e1b-95215ce60a6d

explains why HBO would be in legal trouble if they tried to use the US DMCA to stop a trademark infringement. Because DMCA is for _copyright infringement_ only. (Headline: Using a DMCA takedown notice to assert a trademark claim may lead to section 512(f) liability).

Don't blame the DMCA for idiots trying to use it without understanding it. Similar to Lexmark which tried to stop competitors creating ink cartridges using the DMCA who were told that the better read the and understand bloody thing before they try to use it to sue someone.

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