How To Get A Hosting Company To Respond To A DMCA Takedown Request

At last a really meaty thread and a proper argument. This might be irrelevant - I'm sure it will just be ignored if that's the case - but if the content ripped off is being used to generate Google ads I'm sure Google takes action in such cases and issues a warning to the thief.

 

It's great to assume but that isn't necessarily true.

In the case of AdSense - is a great example.

DMCA protects Google from you claiming that Google made money off you with your permission because they are colluding with the alleged infringer... that could be a legal argument and without DMCA you could sue Google for each instance (say the alleged infringer stole 1000 pages and was intending to earn revenue from google on each one... you could sue Google for actual damages - their take from AdSense PLUS $150,000 X 1000 = $150 million if you had full statutory damages awarded)

Your problems are 2 fold:

Google is protected from claim provided they follow the provisions of DMCA

AND

Google has a good faith belief that their publisher is the copyright holder or has previously retained permission from the copyright to place Google ads on their published pages.

Google WILL 100% force the publisher to counterclaim e.g. provide a notice to them that the publisher has a good faith you are mistaken about your copyright claim.

You now MUST show Google within 14 days you have commence counter action - if you do not they MUST replace/allow the publisher to earn revenue off what claim was your.

You're right - Google takes its rights seriously. If you don't - that's your problem.

 

In my experience the best bet is to make sure you do your DMCA request right the first time. Second and third attempts look a little silly to the various copyright departments that you're communicating with. It's important to stick to the facts and stick to the law. As far as DMCA is concerned not much else matters.
Many of our clients come to us after their attempts fail. While we are still able to get the content removed for them most of the time it creates a bit of credibility problem.
Many clients come to our site and don't want to pay the $99 dollars which is fine I realize it's not for everyone, they go to do it themselves and then they come back with more of a mess than they started with. It's not ideal.