What happens if you file false DMCA complaints?
 

If you wrote a script that sent real enough looking DMCA requests for videos, whether they're complying or not.. Would it then be the responsibility of the tube site to sort out the mess of what's real and what's fake?

Expect to be successfully sued by the people you send the notices to. In a proper DMCA takedown notice you affirm that you are the copyright holder or the authorized agent of said holder.

Below is an example of a proper notice ... note the statement certify under penalty of perjury:

http://www.futurequest.net/Services/...DMCANotice.php

DING DING DING :thumbsup

Is your goal to make honest people stress? Completely illegal.

That is correct.
:thumbsup

Some of the suggestions I see made on GFY lately blow my mind.

It's not business, It's entertainment, It's GFY:2 cents:

Sounds kinda fun.

Flood them with DDOS attacks and DMCA's, that is the only solution.

/sarcasm

Sums it up.

Not just the people you send notices to, but the people who also hold the proper copyright holders too.

I remember Acacia did this (send legal threats to everyone with none proof) and no one did anything. Pussies.

In theory, you get sued. In reality, probably nothing.

Why send false if you can notice the copyright holder.

So it sounds like this would actually be a problem for most small tube companies?

I'm not suggesting I would do this, but as far as someone getting in trouble, they'd just hide behind the same things others do by hosting offshore, obfuscating ownership, etc etc. Sue who?

Laws aside, would it not be a challenge for a small company to sort through thousands of DMCA's trying to figure out what's legit and what's not?

Actually ASSuming they are based in the U.S. and care in the first place... A company could do some simple cross referencing and eventually figure out it's bullshit and counter DMCA you.

For example, if you are claiming you are the copyright owner of say Bang Bros, they can easily find out where Bang Bros corporate office is. If all your DMCA info does not match up, they could eventually catch on to someone doing what you proposed. Again, assuming they care enough. Most would simply remove the content and move on with their day. It's not like they have a finite amount of content. Nor is a DMCA a lawsuit.
:2 cents:

Jail can be fun :winkwink:

In theory it is illegal to file a false DMCA complaint. But the risk of facing any consequences from this is small.

I don't think you need to fear counter-suits since most of the owners of the illegal sites are doing very shady things themselves, and spend lots of efforts trying to hide their true identity. I doubt that they would like to explain their business in front of a judge, also since they might have hidden away tax money in shelf companies on excotic islands.

If they did sue you, they would have to reveal their identity.

Of course you would need to make this assessment on a case by case basis.
Who are legit, and who are not. Most are not.

Since there is a good chance that you are dealing with criminals it is actually better for you to use bogus contact details to avoid blackmailing and threats of physical violence. Ultimately it could end up with face-to-face meetings with unknown persons, so you should prepared for such confrontations, if they should happen.

Probably filing fake DMCA notices is not a good idea for US-webmasters since US law apply for them. Luckily the world is bigger than that..

Good luck! :thumbsup

It's not just US law, it's followed by every civilized country in the world under the Berne convention.
Duke

:2 cents::thumbsup