Advanced DMCA Notices

So you've learned http://www.adminaddict.net/forum/security-legal/how-file-dmca-find-their-host-4652/ and http://www.adminaddict.net/forum/security-legal/how-fight-back-legally-against-dmca-4648/ but now its time for some more advanced tactics in getting your content off of other people's web sites who are using it without your permission.

Once you've sent the hosting company a DMCA notice, and the owner/accused a DMCA notice but weren't able to successfully settle the case with them removing your content, you can now start the actual legal proceedings.

First thing is first, since e-mail isn't a certified notification method by any legal court worth its weight, you'll want to mail a DMCA notice to both the hosting company and the accussed party. Since 90% of the time, an email will be recieved, read, and acted upon (either action taken, or no action taken), its simply time to bee-line it straight above their heads. You've probably given them the benefit of the doubt and +/- a good 10 days.

Google (and other search engines, links at end of article) provide intellectual property owners a way to get their content removed from search results. You can find out the exact details at the Digital Millennium Copyright Act page. Google & Other Search Engines do not accept e-mailed DMCA notices. It's very important that you do not knowningly attempt to file a false DMCA claim with Google (or anyone else for that matter) as it is a violation of the law, and can result in a huge fine for you.

Google will then either confirm or unfound your claim of DMCA. Along their process line they send forward a copy of the complaint to the Chilling Effects website (link at end of this article). At Chilling Effects you can browse DMCA and C&D notices sent by people to others in their cases.

Now, when Google verifies your DMCA, 2 things are going to happen.

• The page where the infringing content is, will be removed from the index.
• You've essentially won a mini-battle, as you can use this to build upon later with "Google also ruled in our favor regarding this copyright issue and has removed them from search results"

Depending on how far you want to take it, its now time to send DMCA notices to similar search engines (Yahoo, Bing etc etc). After that, if you still want to be compensated in some way, its time to hire an actual internet law lawyer. Be sure to find a reputable one who practices internet law, intellectual property law, DMCA etc etc. Finding just a general practice lawyer could end up costing you a case.

The final optional step to take, is begin to notify their advertisers of the pending legal action, as well as the Google win. 9/10 this will cause advertisers to distance themselves from the site in question. After all, they don't want to be associated with such activites. Personally I'd only do this if the person/company I was dealing with were complete and utter jerks along the way, as you could be taking someone's lively hood away (maybe they have kids to feed etc etc) but its not your problem, or mine.

Useful links:

• http://www.adminaddict.net/forum/security-legal/how-file-dmca-find-their-host-4652/
• http://www.adminaddict.net/forum/security-legal/how-fight-back-legally-against-dmca-4648/
• Chilling Effects Clearinghouse
• Index of Notices -- Chilling Effects Clearinghouse
• Digital Millennium Copyright Act (Notice the notification and counter notification section)
• Bing TOU and Coc
• Copyright and Intellectual Property Policy

Note: I'm not a internet lawyer, I do not know the full extent of every law or try to come off as I do. This post merely serves as a starting point for what could be a long drawn out legal battle between two parties and is for informational purposes only. The best advice in this post is: If you need legal counsel, then seek it. Don't get it from the internet or this post. Hire professionals who do it for a living, and for the love of god, don't defend yourself in court.

Please note: This article was written specifically for AA and is now sole property of AdminAddict owners. Permission must be granted by AA owners for reproduction of this article.

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Another great article in your series! :thumbup:

Does this complete the series?

 

I do beleive this is it. Anything further I suggest getting an actual lawyer to handle things.

 

Thanks David, two very informative articles.

 

What about Yahoo! or Bingo, Shlingo, w/e that new MS search engine is.

 

Should be the last two links under useful links

Copyright and Intellectual Property Policy

I couldn't find the exact location for the Bing DMCA notices so I just linked directly to their "legal" mumbo jumbo

Bing TOU and Coc

 

Thanks David!

Actually 1 more article might be of use. How to find an internet lawyer?

 

Brilliant advice, I have both sent and received DMCA's and this will certainly help me in the future. Cheers David.

 

Most legal firms of a reasonable size will have an internet specialist, and it's only due to the amount of work they can get if they do deal with this.

I would avoid somebody who says they 'might' have a person who can deal with 'your problem' though do go and get your free consulation with any firm that says 'yes we can deal with that'.

And generally, I'd use local firms to you, ones you can go visit and build a real relationship with, and really help them out with a file of what you've received/sent to those involved in the issue - rather than just talking to them.

But keep your business local It'll help your economy.