The abuse of the Digital Millennium Copyright Act's notice-and-takedown process to silence lawful speech is well-documented and all too common. Far less common, though, is a service provider that is willing to team up with its users to challenge that abuse in court.
That's what WordPress.com's parent company, Automattic, Inc, did today and we couldn't be more pleased. Represented by Durie Tangri, LLP, Automattic has joined two lawsuits in federal court under Section 512(f) of the DMCA. Section 512(f) is the provision that allows users to hold people accountable when they make false infringement accusations.
The suits respond to two particularly egregious examples of DMCA abuse. The first involved Ivan Oransky and Adam Marcus. Their website, Retraction Watch, provides a window into the scientific process by documenting the retraction of scientific papers due to everything from honest error to falsified data. A disgruntled researcher allegedly copied portions of the Retraction Watch site onto his own site, claiming the work as his own, and then issuing a DMCA takedown notice against Retraction Watch.