DMCA Counter-notice = Doomed?

1. 96

   EricDockettposted 10 years ago

   When someone copies your work on Google's Blogger platform it is easy enough to file a DMCA and have it taken down.  However, if you read through the process, the infringing blog owner also has the right to file a counter-notice, and claim they did nothing wrong.
   
   For example, many of them don't seem to understand Fair Use, and think it's okay to copy entire articles and claim they are "educational" or "for commentary".  What they are really doing is swiping content to fill their blog, instead of writing it themselves.
   
   If I understand it correctly, if a blog owner makes such a counter-claim Google restores their page and basically steps away.  So what happens next?  Is legal action the only recourse?
   
   Has this ever happened to anyone, and what did you do?

   replyreport
   1. 74

      CraftytotheCoreposted 10 years agoin reply to this

      I've had the opposite happen several times.  I write something based on factual events that happened to me personally, and someone else copies it to another site claiming it's their story.  The only proof is the publishing date.    I've also created greeting cards and wrote tutorials on how to make them.  I found them later published in craft magazines and whoever submitted my card got paid $50.

      replyreport
   2. 95

      Marketing Meritposted 10 years agoin reply to this

      Yes Eric, that has always been something that has concerned me and I have read, at least one article, where that has happened. I'm not talking about big corporate copyright disputes but just your typical one man blogger. The offending chap was located in China but was savvy enough to know what would happen if he filed a counter-notice.
      
      If a counter-notice is submitted then you only have a short period of time to commence legal proceedings. That comes with an estimated cost of $100k I believe. A couple of shrewd copyright thieves, especially when based outside of United States, do actually file such notices, in order to get their site credibility restored.
      
      Another problem, which I'm having at the moment, is that the host does not take down the content after serving a DMCA. In my case, they said that they did not have direct control over the data. I believe that this is possible if, for example, they provide dedicated servers. Nonetheless, what do I do in the meantime? Do I start litigation over 1 article? I think not.
      
      If you research this a bit further, there are plans I believe to set up some form of disputes resolution board which would resolve small matters for a nominal charge. I believe that this is because the shortcomings of DMCA are all too apparent. However, I suspect that this is some way off, as of yet..

      replyreport
2. 82

   psycheskinnerposted 10 years ago

   Blogger errs on the side of taking it down.  They don't want to be involved in litigation.

   replyreport
   1. 95

      Marketing Meritposted 10 years agoin reply to this

      Under DMCA, they are legally obliged to restore the content, I believe, if a counter-notice is received. This basically leaves the copyright holder with the headache of commencing litigation.
      
      In order not to get sued, Blogger have to act lawfully, which does mean restoring content upon receipt of a counter-notification.
      
      Of course, they could restore it and then remove it for another infringement such as duplicate content maybe, but they cannot fail to act upon the counter-notification.

      replyreport
3. 81

   moonlakeposted 10 years ago

   Have your ever noticed on cooking shows how much of our recipes end up on the shows.
   Sometimes the dates on blogs don't help because the blog is older than your own hub but they have just changed things and added your stuff. I had this happen to me recently with an image and it took me awhile to prove to Google it was mine.

   replyreport
   1. 74

      CraftytotheCoreposted 10 years agoin reply to this

      Wow, interesting Moonlake!  The few times I've spotted my articles copied, I had proof by the publishing date that they published after me.  But I see what you are saying here about the blog being older!  (I pity the fool that wants to copy my stuff anyway.  I can't imagine who would want to even pretend they have half the stuff happen to them that I have had happen to me! LOL)

      replyreport