False Claims & Consequences Policy

1. Platform Description

PichaPlus is a software platform that provides user-interface, content discovery, and access-management functionality. Content accessible through the platform is made available from systems and infrastructure operated by independent third-party service providers. PichaPlus does not own, operate, or maintain the servers, storage systems, or network infrastructure associated with such content. The platform provides tools for discovering, organizing, and accessing content delivered via third-party services.

This distinction is material to the application of this policy. Any claim that Picha Entertainment hosts, stores, or controls content in a manner inconsistent with the above description shall not be accepted as a basis for any copyright complaint or legal action against the platform.

2. Introduction

Picha Entertainment treats the submission of a DMCA Notice as a legally binding act carrying the same legal weight as a sworn declaration. The integrity of the copyright complaint process is essential to the fair and lawful operation of the platform.

This policy sets out:

• What constitutes a false, misleading, or fraudulent DMCA Notice or Counter-Notice
• The legal consequences that may follow from such submissions
• The platform-level consequences that Picha Entertainment may impose
• The specific consequences applicable to enforcement agencies submitting unverified claims

This policy applies to all parties submitting DMCA Notices or Counter-Notices to Picha Entertainment, including copyright owners, authorized representatives, copyright enforcement agencies, and any third party acting in any capacity in relation to a copyright complaint directed at content accessible through PichaPlus.

3. Definition of a False or Misleading DMCA Notice

A DMCA Notice submitted to Picha Entertainment shall be considered false, misleading, or fraudulent where the submitting party:

• Knowingly misrepresents that content accessible through PichaPlus infringes a copyright
• Claims ownership of a copyrighted work they do not own or have not been formally authorized to represent
• Claims to be an authorized representative of a copyright owner without valid, verifiable, written authorization from that owner
• Submits a notice targeting content they know to be licensed, authorized, or otherwise lawfully accessible through the platform
• Provides false contact information, a false identity, or a false legal signature in connection with a notice
• Submits a notice with the intent to suppress, remove, or interfere with content for reasons unrelated to genuine copyright protection
• Deliberately misidentifies content as infringing when that content is a lawfully created derivative work, licensed adaptation, or falls within applicable fair use or equivalent provisions
• Submits a notice without having made a reasonable and genuine assessment of whether the identified content is actually infringing

4. Legal Liability Under Applicable Law

The submission of a DMCA Notice is a legal act governed by applicable copyright law. Under Section 512(f) of the Digital Millennium Copyright Act, any person or entity that knowingly materially misrepresents that content or activity is infringing shall be liable for any damages — including costs and attorney fees — incurred by any affected party as a result of the false notice.

Picha Entertainment expressly reserves the right to:

• Pursue or support legal action against any party that submits a knowingly false, misleading, or fraudulent DMCA Notice directed at content accessible through the platform
• Seek recovery of all costs incurred in reviewing, processing, and responding to a false notice, including legal review costs, operational expenses, and any costs arising from wrongful content restriction
• Report false or fraudulent notices to relevant legal, regulatory, or industry authorities where appropriate
• Provide documented evidence of false notices to affected content partners, distributors, or legal representatives upon request

Submitting a false DMCA Notice may additionally constitute fraud, perjury, or criminal misrepresentation under the laws of the applicable jurisdiction, independent of and in addition to any liability arising under DMCA provisions.

Picha Entertainment makes no representation that it will pursue legal action in every case but reserves all rights to do so at its sole discretion.

5. Platform-Level Consequences

Upon determination that a DMCA Notice has been submitted falsely, misleadingly, or in bad faith, Picha Entertainment may take any or all of the following actions at its sole discretion:

• Immediate rejection of the notice without further review or obligation to provide reasons
• Permanent blacklisting of the submitting party, agency, or organization from submitting future DMCA Notices to Picha Entertainment
• Freezing of all pending notices submitted by the same party, pending independent verification of their validity and authorization
• Restoration of content where access was restricted or removed based on a notice subsequently determined to be false
• Formal notification of affected parties, including content owners, distributors, or partners whose content was wrongfully targeted
• Permanent documentation of the false claim in Picha Entertainment's internal records for use in any future legal or dispute proceedings

Picha Entertainment is not obligated to provide advance notice before implementing any of the above consequences.

6. Consequences Specific to Enforcement Agencies

Copyright enforcement agencies and third-party representative organizations that submit DMCA Notices without valid, verifiable, written authorization from the copyright owner they claim to represent shall be subject to all consequences outlined in Section 5 of this policy, and additionally:

• Shall be required to provide written proof of authorization from the named copyright owner before any current or future notices from that agency are considered or processed
• Shall be subject to direct independent verification by Picha Entertainment, which reserves the right to contact the claimed copyright owner directly to confirm the agency's authority
• Where authorization cannot be verified within a reasonable period, all notices submitted by that agency shall be treated as unauthorized and dismissed without further action
• Where an agency is found to have submitted multiple unverified or false notices, Picha Entertainment reserves the right to report that agency to relevant industry bodies, legal authorities, or regulatory organizations
• A general claim of representative authority, an unverified agency listing, a database entry, or a blanket statement of enforcement rights shall not under any circumstances be accepted as sufficient proof of authorization

7. Consequences for False Counter-Notices

This policy applies in full and without limitation to Counter-Notices submitted in bad faith. Any party that submits a false Counter-Notice — including false claims of licensing rights, false claims of authorization, deliberate misidentification of content, or misrepresentation of legal standing — shall be subject to the same legal and platform-level consequences outlined in Sections 4 and 5 of this policy.

8. No Obligation to Provide Prior Notice

Picha Entertainment is not obligated to notify a submitting party before rejecting, dismissing, or taking action in response to a DMCA Notice or Counter-Notice determined to be false or submitted in bad faith. Consequences may be implemented immediately and without prior warning upon determination of falsity.

9. No Liability for Actions Taken Against False Notices

Picha Entertainment shall not be liable to any party for any action taken in response to a DMCA Notice or Counter-Notice that is subsequently determined to be false, misleading, or submitted in bad faith. This includes but is not limited to any restriction of platform-level access to content, blacklisting of submitting parties, or reporting of false claims to third parties or authorities.

10. Good Faith Submissions

Nothing in this policy is intended to discourage or penalize legitimate copyright complaints submitted honestly and in good faith. Picha Entertainment recognizes that genuine errors of identification or assessment may occur and will consider relevant context when evaluating whether a submission was made in deliberate bad faith.

This policy targets deliberate, knowing, and material misrepresentation only. Honest mistakes made in good faith, promptly acknowledged and corrected, shall be treated with appropriate consideration.

11. Relationship to Other Policies

This policy forms part of the Picha Entertainment copyright and DMCA framework and should be read together with:

• The Picha Entertainment DMCA Policy
• The Proof of Authorization Policy
• The Copyright Ownership and Authorized Representatives Policy
• The Counter-Notice Policy
• The Repeat Infringer Policy

In the event of any conflict between this policy and any other policy in the framework, the provision most protective of the platform's legal interests shall prevail, to the extent permitted by applicable law.

12. Amendments

Picha Entertainment reserves the right to amend this policy at any time without prior notice. The current version of this policy shall apply to all notices received following the date of its publication.

13. Contact