Quote:
Originally Posted by Publisher Bucks
Send them a counter notice, followed by a letter before action stating you'll use the DMCA penalty section (512f) to claim damages from them if they do not stop sending fraudulent DMCA notices.
If you pursue them further, you do not have to go through federal court, you can file a small claim in your local court against them, if they don't defend the claim, you win, then you can go the collections route  |
I didn't realise you could do this to be honest. I have an escort agency client in London who represents porn stars all over the world, and they had their main porn star escorts page taken out of search, which had a devastating effect on traffic! I put through the counter claim as soon as we discovered it. This was on the 11th November, and it wasn't until a month later that Google wrote to us to inform us that they had the counter claim. It's taking ages!
Since then, my client believed that they Google couldn't have got the counter claim, so she escalated this through her own DMCA account and ended up paying them to do a counter claim on her behalf. Upwards of $500 or so dollars I think. But I can't think what they will do that's any different. I think the response we just had to my original counter claim will restore the page. Trouble is, these DMCA fuck muffins will then go claim they've managed to get it done! LOL! Doesn't matter as long as she gets her page back in search I suppose.
It's awful how these models can just file (or get a company to do it) complaints and get pages stripped out of search without any evidence whatsoever. This girl who complained about my client has never been represented on her site before, and we have no content or media of any kind pertaining to her on the site (or ever!) So, you're saying that we can get back money we could have lost? We tried contacting her, but there is no way of finding out where she is! It's so wrong that this is allowed to happen.