Takedown FAQ

DMCA painter's van, London, UK.JPG
Creative Commons License photo credit: gruntzooki

Whenever I work with Webmasters and bloggers to help them file DMCA notices to get their content removed from copycat sites, they inevitably have a lot of questions about the law and how to use it. Though I am not a lawyer, I do my best to answer them.

However, to save time and effort, as well as help those who didn’t want to ask, I’ve compiled a collection of FAQs about the process with my answers to them.

Hopefully this FAQ collection will answer most of your questions about the DMCA process and, if it doesn’t, please feel free to ask your question in the comments below so it can be added.

What is a DMCA Takedown?

The Digital MIllennium Copyright Act of 1998, among its many parts, granted a “safe harbor” to Web hosts and search engines for infringement perpetrated by their customers. This means that hosts can not be held liable for any copyright infringement that their customers perform so long as they meet certain criteria.

One of the criteria is that they have to “expeditiously” remove allegedly infringing material when properly notified. A DMCA notice, also known as a DMCA takedown, is simply a letter that fulfills the requirements of the DMCA demands the removal of the work either from the search engine or the host.

Hosts, in order to preserve that safe harbor, need to comply with properly-filed DMCA notices.

Should I file with Search Engines or Hosts?

There are different schools of thought here. Some feel that, by filing with the search engines and waiting to file with the hosts until the search removal is complete, you can more completely wipe out an infringing site and prevent it from coming back.

However, search engines are slow to respond. Google can take several weeks and has complicated notification requirements. The quickest route is almost always to file directly with the host and have the work removed directly. It is also by far the easiest way, requiring just one notice, as opposed to five or more the other route.

Still, in most cases the decision is up to the filer. However, if the site is hosted in a country that does not have a takedown provision, search engine removal may be the only option.

I Am From Another Country, Can I Use the DMCA?

Yes. The DMCA allows all copyright holders, no matter where they are located, to use the takedown process. THe jurisdiction of the law is based upon where the site or search engine is hosted and the vast majority of both are within the U.S.

I have seen cases where a British man used the DMCA against an Australian plagiarist simply because the plagiarist hosted the infringing site with the U.S.

What if the Site is Hosted in Another Country?

The procedure for requesting a takedown was created by a WIPO treaty that mots countries are signatories to. However, many have not fully implemented the treaty and, as such, have no such procedure.

However, most countries that host a large number of sites, including the whole of the EU and Australia, have a process in place that functions very similar to the DMCA.

In many cases, sending a DMCA notice will work, even if the host is foreign. However, even hosts in countries without takedown procedures consider copyright infringement to be a violation of their terms of service. Therefore, even in those cases, you can often file an abuse report and secure removal of the site.

Can they Get the Work Restored?

One who has a DMCA notice filed against them has two choices for restoring the site. First, they can move to a different host and restore the site that way. Second, they can file what is known as a counter-notice and secure the return of the work.

A counter-notice is much like a DMCA notice but in reverse. Where a DMCA notice claims that the work is infringing, the counter-notice claims that it is not and demands that it be restored. Unless the person who filed the original notice files suit and secures an injunction, the work will be reposted after a waiting period.

Counter-notices, however, are extremely rare, especially if the DMCA notice was clearly justified. Such notices open up the person filing them to a slew of legal problems and, in general, it is easier to just move on.

Most cases where a site is restored involve moving the content to a new host.

How Many Should I Report?

There is no set answer to this. You can send as many or as few as you want. Just remember that any you don’t include you can always file another notice regarding later, in the event that the entire site isn’t taken down.

Still, most DMCA notices include between 5-10 items whenever a large list is involved. Some will include far fewer and others will do one item per notice. However, for the most part, it’s better to find a balance.

How Long Does it Take to for a Response?

The answer varies. Some hosts will act in less than 24 hours, others will take over a week. The more typical timeframe is between 48 and 96 hours.

However, it is important to note that hosts will typical secure removal of a work and then wait a day or two before sending an email to confirm the takedown. The reason is that they want to ensure that all cached copies of the work are cleared to avoid any confusion about the work still being up.

Will the Host Shut Down the Whole Site?

This depends on the circumstance and on the host.

If the site is largely composed of infringing material, such as with a spam blog, the host is likely going to just cancel the whole account. If the infringing work is just one or two items in a larger site, they will likely have owner of the site take down the specific items or, in some cases, surgically remove the works themselves.

Some hosts, such as Myspace, are known for surgically removing infringing works and almost never shut down an account on DMCA complaint. Others, such as iPowerWeb, frequently shut down whole sites.

To improve the odds of a domain being shut down, if you have more items to include in your DMCA notice, do so. If you reported the site once and the works were surgically removed while other infringing items remain, report the other works in a second notice.

Under the DMCA, hosts are required to ban repeat infringers from using their service.

Can I Get Into Trouble?

In order to file a DMCA notice you need to swear under penalty of perjury that you have a “good faith” believe that the work is infringing and that you are the copyright holder or an authorized agent.

If you file a knowingly false DMCA notice there are many potential legal consequences, some of them very dire. However, there is much debate and even conflicting rulings about what constitutes a “good faith” belief and where the bar is placed for meeting that test.

Generally speaking, though I am not an attorney, if you stick to cases of clear-cut copyright infringement such as scraping, plagiarism, etc. and avoid cases that raise fair use issues, the risk of trouble is relatively low.

Sadly, even cases where the DMCA notice was clearly false rarely result in as much as a counter-notice due to the legal uncertainties. This has enabled much of the DMCA abuse we see and has contributed to the reputation of the law as being one used to silence critics or stop fair use.

Is There Anything Else?

The DMCA is a powerful tool and should be used carefully. Be responsible with your plagiarism fighting and be cooperative with hosts as much as possible.

If you have any questions, feel free to write me either via the contact form or sending me an email to jonathan at plagiarismtoday dot com.

45 comments
Needlework Guide
Needlework Guide

I've had my ENTIRE site stolen - content, photos, layout, blog - everything from http://needlepoint.about.com/

The theft was discovered after I noticed a traffic spike coming from translate.googleusercontent.com (another great reason to check those reports!).

The site is hosted by a German company, and has been translated into Japanese at http://japanneedlepoint.info/

DMCA notices have been sent, but it's been 2 weeks there's been no action from nqhost.com. The legal department at the NYT has been made aware of it, but I'm sure there's a backlog.

Advice is appreciated!

louis
louis

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.

louis
louis

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.

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Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!

cybele
cybele

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.)

cybele
cybele

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.)

cybele
cybele

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.)

cybele
cybele

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.)

cybele
cybele

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.)

cybele
cybele

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.)

cybele
cybele

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.)

Jonathan Bailey
Jonathan Bailey

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!

Jonathan Bailey
Jonathan Bailey

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!

Jonathan Bailey
Jonathan Bailey

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!

Jonathan Bailey
Jonathan Bailey

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!

Jonathan Bailey
Jonathan Bailey

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!

Jonathan Bailey
Jonathan Bailey

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!

Jonathan Bailey
Jonathan Bailey

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!

Voyagerfan5761
Voyagerfan5761

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?)

Voyagerfan5761
Voyagerfan5761

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?)

Voyagerfan5761
Voyagerfan5761

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?)

cybele
cybele

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.

cybele
cybele

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.

Voyagerfan5761
Voyagerfan5761

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?)

Voyagerfan5761
Voyagerfan5761

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?)

Voyagerfan5761
Voyagerfan5761

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?)

Voyagerfan5761
Voyagerfan5761

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?)

Voyagerfan5761
Voyagerfan5761

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?)

cybele
cybele

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.

cybele
cybele

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.

cybele
cybele

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.

cybele
cybele

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.

cybele
cybele

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.

Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!

Jonathan Bailey
Jonathan Bailey

@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!