Legal Question in Intellectual Property in California

If a person commits perjury on a DMCA takedown reponse by stating that they beleive it was taken down by mistake or misidentification, but they know and it's provable they know that they stole the intellectual property willingly and without permission, how are they prosecuted for the crime of perjury? Who would this crime be reported to?


Asked on 3/23/11, 7:32 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Find someone, probably a young assistant D.A. with a couple years experience, with whom you can schedule a 10-minute conference about the problems and difficulties in getting the perpetrator here indicted, summoned, arrested and arraigned. You'll then perhaps understand better why your chance of getting this prosecuted as a crime is less than 200-to-1.

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Answered on 3/23/11, 9:23 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think I meant less than 1 in 200. In any case, the prosecutor is very unlikely to deem this matter worthy of any scarce resources.

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Answered on 3/23/11, 9:26 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The prosecutor is not your fairy godmother and almost nobody ever gets prosecuted for perjury, especially in internet cases (a local prosecutor's level of knowledge of things like DMCA takedown notices is probably 0). Hire a lawyer and sue them. And how did the villains download your web site files? Next time don't give them the password to your server. You are the equivalent of somebody who leaves the keys in his car and then complains when it gets stolen.

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Answered on 3/24/11, 12:11 am


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