The other day News Outlets reported that twitter now deletes copyright infringing jokes. We found only jokes about the removed infringing jokes messages and posted about that, while we noted that the DMCA is working the way it should.
Wrong. It's not working at all, says photographer Kristen Pierson who has the brass ovaries to file suit against Twitter in Los Angeles to make them obey their own stated DMCA procedure. Whoo! Her suit filed in Los Angeles District Court is alleging that the social network has ignored repeated requests to take down an image she snapped of musician Herman Li. The photograph of Herman Li was meant for commercial-use only, and while Pierson is happy to licence said image to publications, she says the photo was being passed around twitter without proper attribution or license.
Pierson's lawyers claim in the suit that: "Twitter had actual knowledge of the Infringing Uses. Pierson provided notice to Twitter in compliance with the DMCA, and Twitter failed to expeditiously disable access to or remove the Infringing Uses. " the suits adds "Twitter acted willfully." and "Alternatively, Twitter directly infringed Pierson’s copyrights by continuing to allow public access to the Infringing Uses on Twitter’s server or on servers controlled by Twitter, or through access controlled by Twitter to servers controlled by third parties."
This will be fun, you can't just have a DMCA takedown pretend-to-honor-it button, you're actually supposed to honor it, Twitter.