Reply to post: Re: overhaul?

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

Anonymous Coward
Anonymous Coward

Re: overhaul?

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).

Well fine, but they did anyway and were successful. This is the problem with the DMCA and far too complex legal crud: it's enough to scare people, which is all they need. A legal system which can be abused by those with the largest wallets without any noticeable consequences does not provide justice, and that's exactly what is happening.

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