Page 1 of 3 123 LastLast
Results 1 to 10 of 25

Thread: Frivolous DMCA Notices

  1. #1
    Kovich's Avatar
    Kovich is offline Community Guardian
    Join Date
    Jan 2009
    Location
    Philadelphia, Pennsylvania
    Posts
    1,797
    Blog Entries
    30
    Thanks
    453
    Thanked 420 Times in 279 Posts

    Frivolous DMCA Notices

    Hello everyone.

    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.

  2. Thanked by:

    robjones (12 July, 2010), Will.Spencer (25 July, 2010)

  3. #2
    Aziz's Avatar
    Aziz is offline no investment, no glory
    Join Date
    May 2009
    Location
    IL
    Posts
    736
    Thanks
    588
    Thanked 243 Times in 168 Posts
    Interesting thread!

    I had a game developer company taking down a youtube video of mine showing gaming content by filing a DMCA to YouTube claiming that I have infringed their copyright with audiovisual content. clearly I did not even use anything related to their games and filed a counter-DMCA immediately. after a few days youtube restored the video and the company never replied back.

    please let me know what happens with your case!

  4. Thanked by:

    Kovich (25 June, 2010)

  5. #3
    Habaku's Avatar
    Habaku is offline Newbie Net Builder
    Join Date
    May 2009
    Posts
    445
    Thanks
    92
    Thanked 47 Times in 40 Posts
    Very interesting post Kovich.

    Please keep us posted how things develop with this moron you are dealing with.

  6. Thanked by:

    Kovich (25 June, 2010)

  7. #4
    Kovich's Avatar
    Kovich is offline Community Guardian
    Join Date
    Jan 2009
    Location
    Philadelphia, Pennsylvania
    Posts
    1,797
    Blog Entries
    30
    Thanks
    453
    Thanked 420 Times in 279 Posts
    Received a letter earlier from my host:

    The complaining party has contacted us a couple times since we previously contacted you. It's become readily apparent that the DMCA is invalid and there is no reason to take your content offline. The complaining party has said the copyright they were claiming was the "idea" behind the page, which shows a fundamental misunderstanding of copyright law.
    When the DMCA was submitted, the complaining party agreed to the following:

    I have a good faith belief that use of the copyrighted materials
    described above as allegedly infringing is not authorized by the
    copyright owner, its agent, or the law.

    I swear, under penalty of perjury, that the information in the
    notification is accurate and that I am the copyright owner or am
    authorized to act on behalf of the owner of an exclusive right that is
    allegedly infringed.
    My host sent me the files relating to the submission of the notice and all applicable information regarding the complaining party.
    I'm contacting a local legal specialist for information on what I can do next.

    This guy has been playing these games for months. At least no one takes him seriously.

  8. Thanked by:

    robjones (12 July, 2010)

  9. #5
    Habaku's Avatar
    Habaku is offline Newbie Net Builder
    Join Date
    May 2009
    Posts
    445
    Thanks
    92
    Thanked 47 Times in 40 Posts
    Quote Originally Posted by Kovich View Post
    Received a letter earlier from my host:

    When the DMCA was submitted, the complaining party agreed to the following:

    My host sent me the files relating to the submission of the notice and all applicable information regarding the complaining party.
    I'm contacting a local legal specialist for information on what I can do next.

    This guy has been playing these games for months. At least no one takes him seriously.
    While an idea is not protected by DCMA, you might surprised to learn that until not so long ago (1-2 years) it was in fact possible to patent an idea in the US.

    I know that for sure because it appeared in IEEE Spectrum and was written by a top expert; to access the article you likely need IEEE membership.

    The bottom line is: Ideas can no longer be protected by US patent law. I admit I don't know the legal situation when a patent had been granted before the latest US Supreme Court ruled against the the practice of patenting (business) ideas.

    I hope you will be able to stop your adversary once and forever. Keep in mind however that a lawyer might charge you money which you may cannot recover even if the legal situation is clearly in your favor.

  10. Thanked by:

    Kovich (25 June, 2010)

  11. #6
    Kovich's Avatar
    Kovich is offline Community Guardian
    Join Date
    Jan 2009
    Location
    Philadelphia, Pennsylvania
    Posts
    1,797
    Blog Entries
    30
    Thanks
    453
    Thanked 420 Times in 279 Posts
    Right. I am all for the protecting of ideas - but this wasn't even an idea. It was just a post on a similar subject. It would be like you writing a post about SEO, and me writing a post on SEO that is totally different and nothing the same, and then you claiming I stole your idea. It just doesn't make any sense!

    I hope you will be able to stop your adversary once and forever. Keep in mind however that a lawyer might charge you money which you may cannot recover even if the legal situation is clearly in your favor.
    Thank you. The monetary expense will certainly be worth it.

    Keep in mind all 50 states now have a online anti-stalking law also... Papers can be filled with the local police department for stalking..
    That's an interesting idea - one I will certainly explore as supplementation. Thank you for the tip.

  12. Thanked by:

    robjones (12 July, 2010)

  13. #7
    TopDogger's Avatar
    TopDogger is offline Über Hund
    Join Date
    Jan 2009
    Location
    Hellfire, AZ
    Posts
    2,946
    Thanks
    341
    Thanked 883 Times in 671 Posts
    You might have already found this page, but it contains some interesting info.

    When NOT to File a DMCA Notice | PlagiarismToday

    In particular, it references Section 512(f) of the US Code that provides penalties for people who knowingly file a false DMCA.

    United States Code: Title 17,512. Limitations on liability relating to material online | LII / Legal Information Institute

    If you don't plan to pursue this legally, you might get this clown to back off by scaring him with the provisions of the law.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin


  14. Thanked by:

    Aziz (25 June, 2010), Kovich (25 June, 2010)

  15. #8
    Kovich's Avatar
    Kovich is offline Community Guardian
    Join Date
    Jan 2009
    Location
    Philadelphia, Pennsylvania
    Posts
    1,797
    Blog Entries
    30
    Thanks
    453
    Thanked 420 Times in 279 Posts
    Quote Originally Posted by TopDogger View Post
    United States Code: Title 17,512. Limitations on liability relating to material online | LII / Legal Information Institute

    If you don't plan to pursue this legally, you might get this clown to back off by scaring him with the provisions of the law.
    I was quite fond of the information in:
    (f) Misrepresentations.

    Furthermore, I explored Part I, Chapter 79, § 1621 of Title 18 and found:
    § 1621. Perjury generally

    (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

  16. Thanked by:

    robjones (12 July, 2010)

  17. #9
    Kovich's Avatar
    Kovich is offline Community Guardian
    Join Date
    Jan 2009
    Location
    Philadelphia, Pennsylvania
    Posts
    1,797
    Blog Entries
    30
    Thanks
    453
    Thanked 420 Times in 279 Posts
    The letter I sent to the offender:

    Hello.

    The following letter is in response to your frivolous Digital Millennium
    Copyright Act Notice. When you submitted the aforementioned document, you
    agreed to the following statements:

    "I have a good faith belief that use of the copyrighted materials
    described above as allegedly infringing is not authorized by the
    copyright owner, its agent, or the law.

    I swear, under penalty of perjury, that the information in the
    notification is accurate and that I am the copyright owner or am
    authorized to act on behalf of the owner of an exclusive right that is
    allegedly infringed."

    According to Part I, Chapter 79, § 1621 of Title 18 of the United States
    Code, you have committed perjury:

    "Whoever — in any declaration, certificate, verification, or statement
    under penalty of perjury as permitted under section 1746 of title 28,
    United States Code, willfully subscribes as true any material matter which
    he does not believe to be true; is guilty of perjury and shall, except as
    otherwise expressly provided by law, be fined under this title or
    imprisoned not more than five years, or both. This section is applicable
    whether the statement or subscription is made within or without the United
    States."

    As per Chapter 5, § 512, of Title 17,

    "(f) Misrepresentations.— Any person who knowingly materially
    misrepresents under this section—

    (1) that material or activity is infringing, or
    (2) that material or activity was removed or disabled by mistake or
    misidentification,

    shall be liable for any damages, including costs and attorneys’ fees,
    incurred by the alleged infringer, by any copyright owner or copyright
    owner’s authorized licensee, or by a service provider, who is injured by
    such misrepresentation, as the result of the service provider relying upon
    such misrepresentation in removing or disabling access to the material or
    activity claimed to be infringing, or in replacing the removed material or
    ceasing to disable access to it."

    I have contacted my local District Attorney for information on how to
    begin the legal process in regards to these matters. Furthermore, I have
    been seeking information on anti-stalking laws, since your continuous
    attempts to disrupt my business are not only unethical, but illegal.

    I, over the past few months, have let your astoundingly malicious actions
    be left alone, but now with your recent attempts to have my content
    disabled by filing false DMCA Notices, I have no other choice but to
    finally pursue legal action to the fullest extent allowed by law.

    I have received all necessary documentation and records from my host in
    regards to the filing of your content, as well as all other applicable
    information. I also made hard copies of my server logs due to your
    consistent abuse of my blog's platform through spam commenting and the
    like.
    The hilarious response I received:

    American law does not stand on Canadian Grounds. I have spoken with an
    attorney who has advised me not to stand trial in America.

    However this is complete slander, and I ask you to cease and desist.
    As you should note, harassment of underage persons is illegal in
    Canada, also is uttering threats. These aren't something that are
    civil, these can get you jail time.

    I am utterly offended by your accusations, and would appreciate, if
    you would cease & desist from such actions.

    Thanks.
    <name removed>
    Edit: Just received another e-mail from him:

    I have contacted my Attorney who says this is a case for Slander. The
    lawsuit will be for 1,000,000 in damages relating to your slander of
    <url>, and other sites in your network, and in personal
    damages.

    I will await your papers.
    Last edited by Kovich; 25 June, 2010 at 17:15 PM.

  18. Thanked by:

    robjones (12 July, 2010)

  19. #10
    Aziz's Avatar
    Aziz is offline no investment, no glory
    Join Date
    May 2009
    Location
    IL
    Posts
    736
    Thanks
    588
    Thanked 243 Times in 168 Posts
    what a joke. go for it, sue him and let him pay the attorney fees.

Page 1 of 3 123 LastLast

Similar Threads

  1. DMCA Generator
    By Will.Spencer in forum Business
    Replies: 1
    Last Post: 3 December, 2010, 18:25 PM
  2. Steps in filling a DMCA notice
    By Coastercraze in forum Business
    Replies: 6
    Last Post: 15 November, 2009, 05:22 AM
  3. how to handle DMCA notices
    By Sundance in forum Building
    Replies: 4
    Last Post: 10 November, 2009, 11:29 AM
  4. Replies: 4
    Last Post: 10 February, 2009, 21:20 PM
  5. Replies: 14
    Last Post: 24 January, 2009, 02:03 AM

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •