How legit DMCA should look like in order to take an action

[cayme]

Our hoster received DMCAs from some individuals requesting in free wording to remove some content from our site.
Can we just pass on that one? Shouldn't be there some sort of proof of the rights about content in question provided upon request?


Dear Sir or Madam

I hereby swear under penalty of perjury that the information provided herein is accurate to the best of my knowledge. This letter is an official notification under provisions of section 512(c) of the U.S. Digital Millennium Copyright Act to effect removal of the detected infringement listed in this location:

LINKS

which infringes on copyrighted content from .link Official - Uniregistry, without knowledge or consent. All the above mentioned sources are unrightfully saved streams that the uploaders of said content do not own the rights to.

I hereby request that you immediately remove or block access to the infringing material, as specified in the DMCA, and insure that no similar material from Melissa191 comes up on your website.

Please send a prompt response indicating the actions you have taken to resolve this matter

[Davy]

You did not mention what kind of content you have on your website.

If you run a site with user-contributed then it's really not worth the trouble to NOT delete it. Just get rid of the stuff.

[j3rkules]

The DMCA Section 512 requires that when reporting copyright infringement, the notice for it should contain the following elements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

[cayme]

thx for pointing to the law.

so basically the DMCA request can be faked, since the law doesn't require any proof. and it's up to me as site operator to decide whether it's worth action or not.

[j3rkules]

Originally Posted by cayme

thx for pointing to the law.

so basically the DMCA request can be faked, since the law doesn't require any proof. and it's up to me as site operator to decide whether it's worth action or not.

The notice above is missing a few required elements so it is not valid a copyright infringement notice.

[AllAboutCams]

If someone asks why not it seems mad not to

[cayme]

Originally Posted by celebsnudehd

The notice above is missing a few required elements so it is not valid a copyright infringement notice.

we already changed a hoster, because of some DMCAs like this. it's a big company, with big support, but they don't even care if received DMCA matches the form. they just don't want to deal with any requests to take content down