Quote:
Originally Posted by LouiseLloyd
If this company are happy than happy to cut corners and make complaints without first validating their legal standing to do so, or even knowingly fraudulently reporting legit content, then simply play them at their own game.
Report the shit out of their own webpages and send fake reports to google purporting to be this shit show of a company on their clients websites, it won't be long before their website is getting no traffic and their clients drop them and refuse to ever work with them again. Thousands of complaints there going to be in no position to take legal action against anyone and maybe they'll clean up their biz and start doing what they are paid for and stop causing an inconvenience and financial bursary to legitimate businesses.
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This is done all the time as well. They know nobody is going to do anything on a counter. Here's the deal though and I challenge those out there, plagued by this issue, to try because it may work.
The service provider says "We have received a counter notification in response to the DMCA notice you sent us. As described in 17 U.S.C. 512(g), by this email, we are providing you with a text copy of the counter notification and await your notice (in not more than 10 business days) that you have filed an action seeking a court order to restrain the counter notifier's allegedly infringing activity. In order to process your complaint, please send us a copy of the action filed or applicable court order".
That is straight from Google. Notice it does NOT say what type of action...they just say action. They did not say "Federal" either.. thus, my theory would be a small claims suit for whatever .. 100$? List the fake counter sender as a defendant and send the provider the copy of the "action". I'm no lawyer but I have had conversations, with a few, about this and it seems very feasible.