5 comments

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  cybele

  1 year ago

  In my experience counter notices aren't that rare. Once the otherwise legitimate site removes my content (because their site rarely consists of all my content, all the time) then they usually file to be reinstituted.
  
  One of the things that I don't care much for is that my contact info is given to these people and sometimes they send me notes about how I "done them wrong". I understand the right to confront your accuser and all that, but it's not compulsory to confront your accuser back.
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  Voyagerfan5761

  1 year ago

  I believe I have had personal experience with a host that surgically removed my content. ThePlanet.com, it was. My stolen content was stored in a WordPress database, and from all appearances they just deleted the matching records from the database.
  
  While I thankfully haven't found any more huge infringers since then, I think I just might bookmark this page for future reference. (I'm probably missing several plagiarists, though; for each one you find, there are five hiding in the baseboard, right? Like mice?)
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  Jonathan Bailey

  1 year ago

  Cybele: I have to say that I am very curious. How many counter notices have you seen? After about 400 DMCA notices, I am yet to be the subject of one. I have only seen a handful of cases in my consulting business where such notices were filed and they dealt mostly with controversies of ownership (and I'm glad to say were all filed before I became involved).
  
  If you could just give me an idea of how common this is for you, I'd be very interested.
  
  The information issue is also a tough one but there are ways around you. The information has to be adequate for them to contact you. That enables you to give P.O. Boxes and anonymous numbers if needed. The rules apply largely the same as with domain registrations in that regard.
  
  I have not tested this myself so I don't know how hosts will respond, but it could be an option. If you want, I can look into some mail delivery services for you.
  
  Voyagerfan: Yes, like mice, or cockroaches, depending on your tolerance for gross analogies. It is interesting that TP did a surgical removal but usually what they do is notify the infringer and let them perform the removal on their terms, giving them first crack before they just disable the domain.
  
  Odds are, that is what happened in that case.
  
  Hope that helps!
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  cybele

  1 year ago

  My largest experience with DMCA counter notices is with Google Adsense. When I say counter notices, it's because my content no longer appears ... not that they contest that it's mine.
  
  In about half the cases where I find my material on a site (usually just a photo or two that the owner of the site refuses to remove) of a few posts that have been scraped according to keywords, they will actually remove my content and petition Adsense to reinstate their account.
  
  I find it disheartening that Google will reinstate some of these sites, when it's painfully obvious that they're still continuing splogs, just lacking my content. You'd think they would be able to use their own judgment that the site doesn't meet their standards. But I guess their standards are primarily about making money.
  
  My success with DMCA notices directly to hosts (besides sites like blogger, typepad or wordpress) is pretty poor and I've never had a counter notice in that case. (Again, only two of my filings have succeeded.)
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  Jonathan Bailey

  1 year ago

  @cybele -
  Ah, Adsense is a very strange case as they technically do not enjoy protection under the DMCA, they just use it as the procedure for making such complaints. Those really aren't counter-notices we're talking about in these cases more of "compliance notices" say that the work is gone.
  
  It is disheartening though to hear that Adsense is not using the right part of its brain to address this issue but not wholly unexpected.
  
  I mean, what do you expect from an Internet company that still believes faxing is an appropriate way to send a DMCA notice?
  
  Thank you for your input!
  reply