Re: False DMCA notice and Counter Notice to remove strike
I have worked in the IT industry for well over 25 years and been on the front lines of dealing with site complaints for large ISP's (Internet Service Providers). In fact, just about any social media company (i.e. facebook, twitter, instagram, etc), service platforms, e-commerce sites, must act on these complaints.
The MAIN problem is it's nearly impossible to tell a real Infringement/DMCA Claim from a real one. Basically, anyone can claim they are the rights holder, even if they have no relationship to the brand, trademark, or copyright in question.
Sites like eBay probably receive many thousands of reports/complaints per day, most of them via their VeRO program alone. A lot of the claims are processed in an automated fashion, with little to no human interaction. Checking their validity is a problem since many third parties make reports on behalf of the rights holders, agents, licensees, and the like.
Competitors and trolls with too much time on their hands can make life hell for a legitimate seller who is playing by the rules. Unfortunately due to the way the system is designed, the law, and the dynamics of the industry, this will continue to be a problem.
All you can really do is send back a timely Counter Notice and hope for the best.
Last edited by nickopedia; 04-23-2019 at 10:42 PM.
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