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WordPress Stands Up For Users - Files 512(f) Lawsuits

Chilling Effects Team, November 22, 2013

Abstract: WordPress, the blogging platform, joins two if its users in filing lawsuits under Section 512(f) of the DMCA, the section addressing those who "knowingly materially misrepresent" a case of copyright infringement.

Thanks to the courtesy and forward thinking transparency of the folks at WordPress, Chilling Effects has the DMCA notices that WordPress receives in the Chilling Effects database.

We here at CE were therefore intrigued and pleased to see WordPress's announcement yesterday that it would be joining lawsuits filed by two WordPress users.
The two users and controversies in question are:

The folks at RetractionWatch, and the Anil Potti situation. Chilling Effects has written about this story in the past.

Oliver Hotham, a UK student who received a DMCA notice from an organization called StraightPrideUK, asking him to takedown an interview he had conducted with them. You can see the related notices here and here.

Chilling Effects has also written on the larger issue of the lack of any real "teeth" in 512(f) (cf. the NASCAR fan video story) and on a case in the 1st Circuit that directly addresses the issue of to what extent a sender of a DMCA notice must "know" or try to be certain that infringement is taking place.

Congratulations to WordPress for being willing to get involved on behalf of users!

You can read more coverage of the story from Popehat, TechDirt, BoingBoing, and of course from the EFF.

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