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This is abusive behavior by Proctorio. Unfortunately they're not the only bad faith actors using DMCA inappropriately.

We need desperately something akin to an anti-slapp[1] defense to fight back against these abusers.

[1] https://en.m.wikipedia.org/wiki/Strategic_lawsuit_against_pu...



Well, a DMCA takedown is an accusation of illegal conduct and Twitter is a very public place.

File a defamation suit against them, and force the C-suite and their lawyers to sit for depositions where they must justify their good-faith beliefs.


California anti-slapp law has been interpreted so broadly that it is an almost complete shield against defamation claims in public.

This fact has its plusses and minuses.


What's your upside for doing this?

The time, expense and stress is a pretty obvious downside for many if not most.


Caveat Lector - IANAL

Punitive damages. All you need to do is show the other party acted with malice or through fraud. Punitive damages are designed to be a punishment for the bad actor, you can net some nice coin that way if the judge is particularly unhappy with your opponent. Just get try to get in touch with the ACLU to see if they can give any advice before you file, the case law for this stuff is complicated last time I looked into it.


To be perfectly honest, it felt good to write. And that was enough for me.

But... I just talked to an experienced litigation lawyer about this hypothetical, and was told that success really depends on how Twitter handles the notice - how public is it, do your friends and business associates see that you were subjected to a DMCA takedown, etc.


If you have the kind of money it takes to file that suit and actually drag their C-suite into a courtroom, you aren't being inconvenienced by them throwing a DMCA takedown at you in the first place.


Maybe find a law office willing to take on the case for the chance at a cut of the penalty?


So perform hours and hours of unpaid labor on the hope that years from now you can make some lawyers a good chunk of money.


There's a certain personality type, that doesn't necessarily want to win, but just wants their opponent to lose.

And is often willing to put in a lot of effort to make sure this happens.


[flagged]


We can use your ex-wife for good. We can use her to take down the RIAA.


Twitter has now refused the takedown request and from the tweets you can see that the request truly is frivolous so they might be liable.




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