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DMCA "attack" counter?

Discussion in 'Black Hat SEO' started by LukerX1, Sep 11, 2014.

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  1. LukerX1

    LukerX1 Newbie

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    A competing site is filing DMCA against content i have yet i know 100% that they don't have legal claim to it either but they are filing a DMCA with google to remove my links from searches.

    is there anyway to counter this?

    any advice is appreciated.
     
  2. ugarte

    ugarte Junior Member

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    Send Google a Counter notification. You can find the information here:

    Code:
    https://support.google.com/legal/answer/1120734
     
  3. Initial Effort

    Initial Effort Jr. VIP Jr. VIP Premium Member

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    +1 for above. Usually G handles this requests very quickly. We've had the same issue a few times.
     
  4. maghnaoui

    maghnaoui Newbie

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    Use this template if content that you've uploaded has been removed due to a false or incorrect DMCA takedown request, or if your use of the copyrighted material is considered "fair use".

    DMCA Complaints
    Google Inc.
    1600 Amphitheatre Parkway
    Mountain View, CA 94043
    USA

    Dear Google,

    This letter is written in response to your notification to me of a complaint received about my web page(s). The pages in question are:

    (insert list of URLs here)

    I believe the claims of copyright infringement are inaccurate and should be rejected because
    the complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has failed to:

    · Provide a complaint in written form. [17 USC 512(c)(3)(A)]

    · Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]

    · Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]

    · Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]

    · Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)]

    · Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)]

    · Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]

    This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

    I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

    For the purposes of this matter, I consent to the jurisdiction of Federal District Court for the judicial district of San Francisco County, California, and will accept service or process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. However, by this letter, I do not waive any other rights, including the ability to pursue an action for the removal or disabling of access to this material, if wrongful.

    Having complied with the requirements of Section 512(g)(3), i ask that Google, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

    My name, address, and telephone number are:

    [FULL NAME]
    [MAILING ADDRESS]
    [TELEPHONE NUMBER]

    I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, the jurisdiction of the Federal District Court for the San Francisco, California judicial district).

    I agree to accept service of process from the complainant.

    Best regards,

    [ELECTRONIC OR ACTUAL SIGNATURE]