I have a website which I will not mention here, but basically I put up a few fake posts pretending to offer some software applications and music for download. I never once provided any links to copyrighted material, I never even uploaded fake files, I just pretended to have these files but when they click download they get nothing. For one software application, I am accidentally ranking number 2 in Google for it, the developer isn't happy. He filed a DMCA takedown request to my host (Hostgator) saying that I had his software for download. After some chit-chat with the host explaining I don't offer files nor links to them, they gave me his email and asked me to explain it to him and ask him to retract the takedown request against me. I was very polite, apologised to him about it and said I would remove the post. He comes back with an email saying that he isn't going to retract it, that I have hurt his business financially and image, and that I have also hurt the image of Hostgator as well by pretending to offer files for download. He was quite frankly very rude, condescending and not at all sympathetic or understanding. He also said he reported me to the MPAA and RIAA as well, for what? I did some research, and couldn't find anything stating that I have broken any laws (especially the Digital Millennium Act) by pretending to have files for download. I've seen lots of sites pretend to have files for download, a lot of torrent sites have those links up the top that say 'Download Software application really fast and privately here' which redirect to pay services that don't really have the file for download, this is the same for those supposed Rapidshare search sites that always show up. My question is: have I done anything illegal by pretending to offer files for download other than wasting the time of some internet users? Was the DMCA request sent under false pretences? What are my options here?
But what if what this guy is claiming is wrong? Why should I bow into pressure from some pathetic software developer who thinks I am breaking the law when I believe that I have done nothing wrong? I'm not even supplying copyrighted material for download, nor am I linking to it. So how can what I've been doing be considered illegal? It is my understanding that anti-piracy groups use this method of hosting fake files, only they actually offer something and then track the user's details. I'm not tracking anything, there is nothing for download not even a fake file.
Generally receiving a DMCA notice is a warning telling you to fold and pursue something else, if it was up to me - although you may not be breaking any laws I'd part with what I've made and forget the site. I am sure there is a law against you using his software's name on your site, especially if you have it's image etc. It's entirely up to you, but asking of a forum wouldn't be the way to go for legal advice, contact a lawyer.