Western Branch: Probably doesn't actually exist. likely just some spinning records in a closet somewhere.
It's actually pretty decently sized. Nice office too.
Expecting Namco to make sure out of all the Dark Souls files there are circulating around, they may absolutely NOT touch anything called DSFix is a ridiculous expectation far removed from real priorities here. Namco isn't working against DSFix, but it also isn't the center of their world.
It is on the copyright holder to ensure that they are only sending out valid notices. A notice for something that is not theirs is in violation of the DMCA.
Interestingly enough, Warner Bros was sued for this very thing, though the case concluded in a settlement before it went to trial last fall.
So sanity prevailed. DMCA complaints seem like a blunt instrument typically used by people that don't have a full understanding of what's going on.
It depends on who is using them.
As an author, I've used DMCA complaints to force sites to remove work that was plagiarized wholesale. It's been effective, but I also manually verify each one.
False complaints make the whole system ineffective.
I'm glad to see this worked out but it always troubles me when I see problems solved because the person affected has a level of popularity. It makes me wonder what happens when someone does not have a platform to protest on (or be heard). If Durante was not as famous as he is these days would this still be resolved as easily? I'm always glad when it works out, but its still a bit scary to think what happens to people with no leverage against DMCA stuff.
A direct counter claim is the correct procedure.
1) Initial claim = immediate take down (but not deletion)
2) Counter claim = restoration of material
If initial claimant wants to take things further, they have to file suit in a court of law.
This doesn't make any sense. If a citizen brought some sort of copyright claim against a company, I'm sure they have recourse to (likely) get it tossed out, or defended.
Being copyright experts and "code" experts are two different things.
There are legit reasons to be annoyed by copyright claims, and DMCA; this situation isn't one of them.
This is exactly the type of situation to be annoyed. It is a blatantly false claim on its face and it should have never been made.
Verification needs to happen before the takedown notice, not after.
How exactly is the fact that someone can take down an arbitrary non-infringing file without any consequences to them not an indictment against the DMCA?
The only way there would be a consequence is if the person who had the false claim made against them (in this case Durante) counter-sued for the false claim. If no one counter sues (and many don't because they don't want the legal cost) then there is no consequence.
I guess I was looking at it at a smaller scale. The DMCA has to exist. There's nothing we can do about it. These companies have to protect their intellectual property. Some third-party company hired by Bamco accidentally took down some DMCA-compliant files for their niche video game that no one outside of a couple million people have heard of. It was a mistake, an accident. The amount of shit they've received, including threats (not from us but still) for this doesn't seem proportionate to the extent of the mistake.
The DMCA has to exist, but verification should come before the take down is sent. to not do so is negligent.
"Contacting Durante"...? Come on, do you think this third-party company has any idea who he is or what the patch was for? Can't expect them to know something like that. Most of Bamco probably doesn't even know except for maybe the actual dev team of Dark Souls.
Yes. If there is a question they should look at the file and verify that it infringes (before they claim that it infringes).
People seem to forget you can file a counter claim and get your items restored. If someone DMCAs you over your own content and insists it's theirs after you counter claim, they get whacked with a perjury charge.
The reason hosts take DMCA requests at face value is because it's how they're protected from copyright infringement by users using their hosting and they don't have the time nor should they fight on behalf of every person. Nobody is going to fall on their sword for every little thing or they'll die from a thousand papercuts, financially.
You can only pursue someone for a false claim by filing suit. If you don't do that, there are no consequences for doing so.