this post was submitted on 17 Mar 2024
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Can the lawyers on the receiving end of a DMCA takedown take the other party to court for a frivolous suit? I thought one of the problems was that there is no recourse for those on the receiving end of a bad DMCA takedown?
What I think would happen is the modders send a DMCA takedown, and EA either does take it down, or they file a "we're not violating copyright, promise" form and then that's the end of the DMCA. If they file the "we're not violating copyright" form, then from there the modders can file a normal copyright violation suit if they choose.
Right, EA would file a counter-notice. Then the modder would have to get lawyers involved and file an actual legal complaint, and EA would respond with their lawyers.
But once they file the counter-notice, you could just stop there. They could sue you for filing in bad faith, but I've never heard of that happening.
Sounds like it, not a lawyer, but if you’re wasting peoples time and money, yeah there will most likely be a way for them to get back at you.