Hi, For the past few months I have been plagued with fake DMCA notices against legitimate content from a troll Korean based company. In that time I had my youtube account removed (claiming copyright on microsoft and blizzard based videos) and google search listings but I appealed the process and won every single claim against my content (and there was a lot). Now, 2checkout have stated they received a DMCA complaint against myself (from the troll company) in regards to our forum and whilst I gave them my case number and screenshots of everything to prove legitimately they claim I am a risk. Now, what do you suggest? I use 2checkout as my main payment processor for our vbulletin based subscriptions and advertising. We physically sell no goods nor provide any means of downloading for any content upon any sort of payment , subscribing simply upgrades your account and gives you a new username colour, access to the ibproarcade and increased storage and avatar space. What should I do? Thanks.
My experience with 2checkout have always been positive and have had a some what same experience as you did (only difference is I help run a website that sells digital music) and found that they have always been helpful when I rang them up but never when I submitted via their website. Ring them up asap and explain to them about the troll company. As the DMCA being sent to you are not legit (assuming this based on the fact you are posting here), you may wish to look into whatever legal action you can take against the troll company. Do not forget to counter every single DMCA they sent you and do not let them win. You may also wish to look into accepting PayPal but I am going to guess you have already looked into using them. May I ask though the nature of why you keep getting these DMCAs, a bit of history may help.
Hi I notified them with case numbers regarding my previous issues with the company on our google search listings and youtube including the chillingeffect listings to show we had won our counter claim. They still refuse to accept us as a customer anymore despite using for around 2 years now with no issues what-so-ever. We are a game development community. Our users create emulators and variations to games for fun. We do not sell nor directly distribute any content that is copyright. We strictly use 2checkout as an automated payment system for vbulletin (so users can get increased storage space and username changes and effects) and advertising. 99% of the revenue earned overt he past 2 years was through advertising (you make more that way). I explained to them in great detail everything and offered them staff access to review all content to which they declined stating "It skirts the line on what we can support and endorse and unfortunately it is simply too risky for us to continue processing payments on the site's behalf" So with that being said I requested to actually be forwarded the DMCA complaint that was sent from the Southern Korean individual and received nothing as of this moment. Regards.
Oh right. I got a feeling they are seeing the words emulator and selling and wanting to stay away from it. I am guessing no other payment processor (such as PayPal could be used)? The problem with that is it is bound to happen again and again so really you will need to go after the company causing them. Do you have a name for them and do they have a rep of doing this to many others?
A follow up. Despite giving evidence against the company they still refuse to remove the suspension. They first claimed; Then claimed Then Then Upon asking for the actual DMCA issued against them I was told the following I said I actually need to see the evidence at hand (given they have yet to show me the complaint itself and got the following; now i wait
To be honest this sounds like a uphill battle. Is there any way you could just use Paypal to process your payments? Or another payment gateway? 2Checkout and Payza (Alertpay) are extremely overcautious because they have been burnt in the past by claims of laundering money and credit card companies that have stopped supporting them because of high levels of fraud. Paypal is so big now and so reputable that even if this company came after you once again I think you would be fine.
Paypal banned me around 6 years ago and have had issues since. They banned my father and my girlfriend too just for being related to me. I was banned because years ago you could put any email into ebay to receive a payment and someone decided it was best to sell a bunch of items that did not exist and put my paypal email to retrieve the money. Thousands of dollars later charge backs and more I was gone. I made a new paypal after they blocked me and told me I was banned once thus banned again and had the battle ever since.
There are a few other gateways you could looks at such as: http://www.authorize.net/ I don't have any advice for disputing this with 2checkout but I wish you the best of luck trying to get this resolved.
A lot of my users like to use Paypal thus I would need one which allows paypal hence why I chose 2checkout because it was great. Any suggestions?
Sorry I don't know any other payment gateways that accept Paypal. Usually these gateways are trying to compete with Paypal so it wouldn't make much sense for them to include it as a method of payment. You could try posting in the partnership forum for someone that has a 2checkout account or Paypal account and in exchange give him a percentage. In your situation I guess your only real option is to continue disputing with 2checkout, they just want to make sure that you won't be a risk for them. So if you can prove that you are not involved in any fraud they should be able to accept you back.
There was no fraud involved with 2checkout. My account is 100% clean in the 2 years I've used it. The issue is a single DMCA complaint in which I've not been shown nor will they acknowledge any counter claim. This is the first and only one my account has had against 2checkout and I'm unsure as to why they would get issued a DMCA given the account is 100% legitimate. Anyone aware of any laws regarding DMCA in which the complaint must be shown? I mean, I don't fathom the logic behind it all.
Stuff like this is what I mean. I keep getting constant DMCA notices against legitimate content and yet 2checkout refuses to resolve the matter. Note the third strike? The first two from the same company on legitimate content.
I really don't think Min Communications is going to stop. I think at this stage you may want to look for legal help from an actual lawyer and see if you can get them on any grounds such as lost of profit due to false DMCAs, shutting your 2checkout account down due to false DMCA etc. It seems no matter which one you use they will go after them and thus may need to solve the root of the issue rather than side stepping around it.
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I finally got the "DMCA" sent to me and whilst I cannot disclose it it states some funny things. One, it's not actually a DMCA and they plead to stop serving us for our subscriptions. Secondly, they mention two 'rival' companies of theirs to whom apparently have issues with us. So where do I stand? Being told they received a DMCA which is not actually a DMCA and name dropping companies which I have had a personal financial relationship with? heck, the one company he mentioned paid me numerous thousands of dollars for one of my domain names a few years back and the other I permitted unrestricted access to all content.
I advise you speak with a qualified lawyer on your issue to determine rather if you can file a civil claim against Min Communications Inc. for disruption of your business.