Edit: I originally wrote Peter and not Stefan. It has now been corrected.
I really think Stefan Molyneux should lose this case, just so we can finally get some legal precedent regarding DMCA abuse. The world really needs it, since the major studios are running rampant, sending DMCA take-downs for anything that remotely resembles pirated goods.
A few months ago, we wrote about the strange saga of self-described “anarcho-capitalist” Stefan Molyneux more or less admitting that he and a colleague named Michael DeMarco had filed questionable DMCA notices in response to some critical YouTube videos. DeMarco and Molyneux defended the use of the DMCA by arguing that the videos involved doxxing some Molyneux supporters. While that may have been true of some, it did not appear to be the case with one account, from so-called “Tru Shibes,” whose videos were pretty focused on criticizing Molyneux himself. Either way, we found it especially bizarre that someone so against “state violence” of any kind (and who had spoken out against intellectual property entirely) would then resort to abusing government-run copyright law to silence criticism. Even worse, Molyneux flat out admitted (on a Joe Rogan podcast) that he wasn’t using the DMCA for any copyright-related purpose. In that post, I noted that it seemed unlikely to lead to a lawsuit, but Molyneux had probably opened himself up to a DMCA 512(f) claim for “materially misrepresenting” a copyright claim.
Apparently, I underestimated the person behind the Tru Shibes account, because late last week, she sued Molyneux (pdf) with a 512(f) claim, and a defamation claim as well. The plaintiff, who only identifies herself as “J. Raven,” describes in detail the critique videos she had created, challenging some of Molyneux’s statements. But the overall point of the lawsuit is to highlight the (admitted) abuse of the DMCA. The defamation claim is in response to Molyneux implying that Tru Shibes was engaged in doxxing Molyneux supporters. The filing details how Molyneux/DeMarco clearly did not use the DMCA for copyright purposes, but to silence a critic. It further details how even if there was a copyright claim, Tru Shibes’ use was clearly fair use.