DMCA Takedown Notice

Discussion in 'Legal Issues' started by rofac, Jan 6, 2014.

  1. #1
    Hello,
    It happened 2 months ago to get a DMCA Takedown Notice from Microsoft :(
    I own a blogspot blog with information about windows updates and microsoft office changes, etc. and one post from that blog was marked as draft by blogspot.com
    At that moment I've read what blogspot mentioned to do to be able to reactivate my post so I've changed the content of the post, completed the DMCA Notice and submitted it back for review or whatever was the process.

    I didn't got any information from that moment until now but the DMCA status of that notice is still active under my blogspot account.


    Now, my questions: Does anyone meet same problem?
    What should I expected or what could happen to my blog (blogspot account) or to me as into the DMCA Notice that I've submitted back I've completed the full details about me (name, address, etc.)
    Thank you.
     
    rofac, Jan 6, 2014 IP
  2. attorney jaffe

    attorney jaffe Member

    Messages:
    241
    Likes Received:
    12
    Best Answers:
    0
    Trophy Points:
    45
    #2
    When you receive a DMCA takedown notice, you have the right to a counter notification that says to the web site - no, the take down notice is not correct, put my material back up. Then if the original sender of the DMCA notice wants further action they must go to court and sue for copyright infringement.
     
    attorney jaffe, Jan 17, 2014 IP
  3. dscurlock

    dscurlock Prominent Member

    Messages:
    4,564
    Likes Received:
    260
    Best Answers:
    0
    Trophy Points:
    300
    #3
    The thing is, blogspot domain is something he doesnt own...
    Even if he is cleared of any wrong doing; well, blogspot has
    no legal obligations to restore anything. I am pretty sure accounts
    like this can be banned/terminated for any reason with or without notice....
    Not saying that will happen. In fact, they may just limited account
    just for mere reason of getting a dmca notice to begin with...
    Why would they want to bother themselves any further?

     
    dscurlock, Jan 21, 2014 IP
  4. sabin

    sabin Well-Known Member

    Messages:
    114
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    130
    #4
    Hello,

    Long story short : you're powerless about it, you can't fix it, but on the other hand, it poses zero dot zero threads to you and you needn't feel worried.

    Microsoft hires companies to send DMCAs in his regard, and these companies use simplistic bots to do the job, these jobs harvest all sorts of links from all sorts of places, and plenty of them are so wrong (like this one for instance : http://torrentfreak.com/microsoft-wants-google-to-censor-its-wikipedia-page-130927/ ) this is even beyond common sense.

    At worst, this DMCA may make you lose a few visitors that won't see your link through web searches. So, don't sweat about it :)
     
    sabin, Feb 3, 2014 IP
  5. WebDev Solutions

    WebDev Solutions Well-Known Member

    Messages:
    1,644
    Likes Received:
    80
    Best Answers:
    2
    Trophy Points:
    170
    #5
    Moral of the story - invest in a domain and hosting. You can then do as @attorney jaffe instructs (if Microsoft contact your host) and you're in a much greater position of control. We operate various sites which receive regular DMCA notices and by simply considering where to host said content/domains, it means we're fairly well protected from them - we haven't had to remove anything to date (10+ years).

    WebDev
     
    WebDev Solutions, Feb 3, 2014 IP