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DMCA Abused To Get Sucks Site Taken Down

Greg Beck writes in to let us know about the latest example (in a long line) of DMCA abuses. In this case, a home building company, Powermark Homes, is upset about a website called Powermarkhomessucks.com. Now, there’s a long legal history around the legality of so-called sucks sites — and in most cases, they’re perfectly legitimate. However, that battle hasn’t even played out yet. While it’s pending in court, the company took a second route to knock the sucks site completely offline with no judicial review whatsoever: filed a DMCA complaint with the ISP hosting the site, alleging copyright infringement on the site. The “infringing” content in question isn’t even infringing. It’s a photo that was included as part of the court filings in the case and is taken from a trade magazine (who most likely owns the copyright). However, thanks to […]

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