Right now, I am the middle of a painstakingly annoying situation and I wanted to post a little about it to show people a different side of the DMCA Notice process. Hopefully we can all learn something from this. Input and comments are highly welcomed.
Recently, a certain individual has taken it upon himself to begin filing frivolous, baseless Digital Millennium Copyright Act notices with the company hosting my blog. Clearly, the content I display is never stolen or copyrighted by anyone other than myself. All of the articles in question were handwritten by myself. Well, this guy figured he could take my blog off the market and reduce his competition by filing enough claims to cause a disruption in my service. Unfortunately for him, he failed to realize that he claimed, under penalty of perjury, that he is, or is a representative of, the copyright owner of the content in question. He very well knows that he is not either of these things.
I have had numerous problems with this individual in the past and it seems now as though he has still not given up on trying to interrupt my business practices. Well, I filed a counter-DMCA and had everything resolved immediately, because it was exorbitantly clear that his claims were nothing more than a childish attempt at causing problems.
Currently, I am now investigating what legal recourse can be taken in this situation, and how I can have him penalized for committing perjury. As far as I understand, perjury can be punished by a fine of up to $15,000 and/or imprisonment of up to fifteen years, depending on the severity of the situation. I intend to follow through with this, in the hopes of finally putting an end to these attacks.
So, we can see two interesting facts here:
1. If you know someone didn't steal your content, don't file a DMCA - you could land yourself in quite a mess.
2. If someone is filing false DMCA notices against you, there is action you can take to put an end to the madness.