In Automattic Inc. v. Chatwal and Automattic Inc. v. Steiner, Case Nos.: 5-13-CV-05411 and 3:13-CV-05413 (U.S. District Court, N.D. California, complaints filed November 21, 2013), Automattic Inc., the operator of WordPress.com, filed two separate suits in the U.S. District Court for the Northern District of California against two individuals it alleges made false Digital Millenium Copyright Act (“DMCA”) takedown notices. The suits claim the false notices harmed bloggers’ free speech rights and resulted in damages to Automattic Inc. for resources spent on taking down and restoring the material. The DMCA provides for damages, costs and attorneys’ fees against abusers of the takedown provision. Such remedies against abusers extend to the alleged infringer, the copyright owner and the Internet Service Provider for taking the material down and restoring it.
WordPress Sues Alleged Abusers of DMCA Takedown Provision, Cites DMCA Fraud Clause
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