Advanced Copyright Law on the Internet

informational materials that accurately describe and promote compliance with U.S. copyright
law.

(4) Filing of False DMCA Notices – Section 512(f)

Section 512(f) of the DMCA provides:

Any person who knowingly materially misrepresents under this section –

(1) that material or activity is infringing, or

(2) that material or activity was removed or disabled by mistake or

misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by

the alleged infringer, by any copyright owner or copyright owner’s authorized

licensee, or by a service provider, who is injured by such misrepresentation, as the

result of the service provider relying upon such misrepresentation in removing or

disabling access to the material or activity claimed to be infringing, or in

replacing the removed material or ceasing to disable access to it.

In Twelve Inches Around Corp. v. Cisco Sys.,^2891 the court ruled that Section
512(f) does not apply to misrepresentations of trademark infringement on a website.

(i) Rossi v. MPAA

The first case to adjudicate the scope of Section 512(f) was that of Rossi v. MPAA.^2892 A
discussion of the Ninth Circuit’s rulings with respect to Section 512(f) may be found in Section
III.C.6(b)(1)(iii).g above.

(ii) Online Policy Group v. Diebold, Inc.

The second case to adjudicate the scope of Section 512(f) was that of Online Policy
Group v. Diebold, Inc.^2893 A discussion of the court’s rulings with respect to Section 512(f) may
be found in Section III.C.6(b)(1)(iv).e above.

(iii) Dudnikov v. MGA Entertainment

In Dudnikov v. MGA Entertainment, Inc.,^2894 the court ruled that a request by the
defendant to eBay to take down the auction of a fleece hat with a Bratz appliqué on it did not
give rise to a claim under Section 512(f) because the defendant acted in a good faith belief that

(^2891) 2009 U.S. Dist. LEXIS 34966 (S.D.N.Y. Mar. 12, 2009).
(^2892) 391 F.3d 1000 (9th Cir. 2004).
(^2893) 337 F. Supp. 2d 1195 (N.D. Cal. 2004).
(^2894) 410 F. Supp. 2d 1010 (D. Colo. 2005).