Responding to DMCA Notice or Complaints

Choose the right Internet Service Providers

You are likely to receive DMCA Notice or Complaints from your  Competitors or similar websites if you are a blogger,app developer or market your own business via website. Responding to DMCA Notice is the first action you need to take in order to avoid website or page being taken down from Google, webhosting  Providers or partners.

  DMCA Notice is over used and turn out a marketing strategy  to defeat competitors. Different Companies take DMCA Notice very differently and quite a few web hosting companies are likely to avoid any potential lawsuit so they will definitely remove your content or website without further investigation. Well, If you are given notice about DMCA Complaint from your competitors, you will prepare for the worst and deliver solid evidence to the internet service provider. They will take down your page but most big companies are more likely to do nothing unless the opposing Attorney plays the lawsuit card. If you don’t do anything infringement , They will normally drop the DMCA Notice aside. Most fake or false DMCA Notice can be defeated if the internet service provider can be a little hard and tough

DMCA-Takedown-Notice

Provide or deliver Counter-Notice to the internet service providers

According to DMCA procedures, you can claim your rights if DMCA notice is false.

Question: What are the counter-notice and put-back procedures? Answer: In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)] A proper counter-notice must contain the following information: The subscriber’s name, address, phone number and physical or electronic signature [512(g)(3)(A)] Identification of the material and its location before removal [512(g)(3)(B)] A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)] Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)] If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

If your service provider decide to take down your app or page from their website or service, You will have to respond and file a counter notice. If the opposing attorney failed to file a lawsuit within 14 days, They will have to restore your app or page according to DMCA relief procedures.

Deliver DMCA Notice to your competitors at the same time

This is a lawsuit strategy and we may settle this complaint by doing so. It’s very easy to claim an DMCA Notice since patent and copyright is extremely complex these days. Small business or companies aren’t going to court just for DMCA complaint. Normally, they won’t sue you. Patience and skills are very useful when you handle a case like this.

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