Uploaded June 2009 | Updated September 2026, 1 week ago
This is a video response to Thinking of filing a false DMCA claim by dprjones
youtube.com/watch?v=hqcD1MIap6E
copyright.gov/title17/92chap5.html#512
The DMCA complaint sent to Youtube must contain:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(f) Misrepresentations. - Any person who knowingly materially misrepresents under this section
(1) that material or activity is infringing
shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer. . .
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Under certain rare circumstances you may be able to file a lawsuit anonymously. So says the Court of Appeals for the Second Circuit:
internetdefamationlawblog.com/2008/11/court-defines-t.html
Sealed Plaintiff v. Sealed Defendant #1, 06-1590-cv (2nd Cir. 2008)
the Court found that a plaintiff may only sue anonymously if his need for anonymity outweighs both the prejudice to the opposing party and the publics interest in knowing the plaintiffs identity.
It seems to me that you shouldnt have to give up your right to anonymity in Court in order to defend your right to speak anonymously on the internet. This is still unsettled law. I dont know whether a Court would rule that a YouTuber who has wrongfully had their video removed could sue a false DMCA filer anonymously. But it would be interesting to find out. Maybe it would interest a lawyer willing to work pro bono on a test case.
This is a video response to Thinking of filing a false DMCA claim by dprjones
youtube.com/watch?v=hqcD1MIap6E
copyright.gov/title17/92chap5.html#512
The DMCA complaint sent to Youtube must contain:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(f) Misrepresentations. - Any person who knowingly materially misrepresents under this section
(1) that material or activity is infringing
shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer. . .
---------------------------------------
Under certain rare circumstances you may be able to file a lawsuit anonymously. So says the Court of Appeals for the Second Circuit:
internetdefamationlawblog.com/2008/11/court-defines-t.html
Sealed Plaintiff v. Sealed Defendant #1, 06-1590-cv (2nd Cir. 2008)
the Court found that a plaintiff may only sue anonymously if his need for anonymity outweighs both the prejudice to the opposing party and the publics interest in knowing the plaintiffs identity.
It seems to me that you shouldnt have to give up your right to anonymity in Court in order to defend your right to speak anonymously on the internet. This is still unsettled law. I dont know whether a Court would rule that a YouTuber who has wrongfully had their video removed could sue a false DMCA filer anonymously. But it would be interesting to find out. Maybe it would interest a lawyer willing to work pro bono on a test case.
