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  #1  
Old 03-05-2018
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Default Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Hi there!
I have a competitor who has recently got his listings down due to a ⊗⊗⊗⊗ copyright claim. Copyright assaulter posted Pinterest links to Etsy and made a claim that he owns this images from that particular shop only on the basis of Pinterest. Etsy reacted in auto mode - they closed the listings at once.
Even if the listings will be recovered the assaulter can repeat his actions numerous times from the same position every 10-14 days(the term for DMCA Counter-Notice).
It can be a dead end on Christmas.
Does anyone know how to deal with that?
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  #2  
Old 03-05-2018
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Have you been a bad boy and made these claims against your competitor?

Edit: Welcome to the forums - all the best as you master stealth
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

No, not me.
We have a local patent issue here (cheap utility patents are given on anything you need), so my competitor has registered in another non-DC country trying to avoid local jurisdiction and patent trolling, but was caught by this ⊗⊗⊗⊗ copyright claim, that has no jurisdiction. I've thought that you need at least some registration on US Copyright Office, at least, not just link on Pinterest.
I don't see a solution for protecting any shop from that type of trolling because Etsy is indifferent to that problem, as long as it's only a small drop in their vast business.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

File a counter claim and if they don’t sue you within 14 days Etsy won’t let them DMCA you again.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

It' s not me under attack right now.
If a new copyright claim with a new "they" will occur, then it will happen every 14 days. It all looks like terrorism with no real solution at this point. I think that many people wouldn't even start their shops on Etsy if they knew about such vulnerability. I would definitely be happy to be protected against "Pinterest" claims but don't see how. Its all automated on Etsy.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

No it isn't automated.

If someone files a copyright claim, you file a counter-claim right on etsy. They cannot keep hitting you every 14 days for the same listings.
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Old 03-05-2018
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Why not?
My competitor tried to make similar test claim on 1 listing from his own shop to guess how the system is working. And Etsy reacted fast, really fast. I don't mean computer automation, it may be a human, but there is always one quick result - your listing is down.
All you need to fill the same copyright claim on the same listings of your competitor, again and again, are a new ⊗⊗⊗⊗ name, ⊗⊗⊗⊗ company name, job title and ⊗⊗⊗⊗ email and new Pinterest account with the same images. Aka "Stealth copyright notice". Etsy doesn't know if a new claim isn't from a real copyright holder, so they will repeat closing your listings. Unfortunately.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Quote:
Originally Posted by johntusk View Post
Why not?
My competitor tried to make similar test claim on 1 listing from his own shop to guess how the system is working. And Etsy reacted fast, really fast. I don't mean computer automation, it may be a human, but there is always one quick result - your listing is down.
All you need to fill the same copyright claim on the same listings of your competitor, again and again, are a new ⊗⊗⊗⊗ name, ⊗⊗⊗⊗ company name, job title and ⊗⊗⊗⊗ email and new Pinterest account with the same images. Aka "Stealth copyright notice". Etsy doesn't know if a new claim isn't from a real copyright holder, so they will repeat closing your listings. Unfortunately.
That isn't how it works in the states. If the listing is hit once and you dispute it and they fail to sue they are not hitting it again.
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Old 03-06-2018
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Location doesn't matter. The idea is not to sue someone. Or take some listing down on a permanent basis.
Just keep any shop's listings down (including US shop) during Christmas with consequent copyright notices every 14 days. This is a vulnerability of Etsy that can be exploited anonymously by anyone against any shop in the world. You just put each time new ⊗⊗⊗⊗ data of the complaining party and repeat your actions against the victim's shop. It's easy, it works and the actual damage caused by that actions is very high. There is no protection of such copyright trolling in the states and you actual competitor who trolls you may be outside the US, and you will never know who actually trolls you.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Quote:
Originally Posted by johntusk View Post
Location doesn't matter. The idea is not to sue someone. Or take some listing down on a permanent basis.
Just keep any shop's listings down (including US shop) during Christmas with consequent copyright notices every 14 days. This is a vulnerability of Etsy that can be exploited anonymously by anyone against any shop in the world. You just put each time new ⊗⊗⊗⊗ data of the complaining party and repeat your actions against the victim's shop. It's easy, it works and the actual damage caused by that actions is very high. There is no protection of such copyright trolling in the states and you actual competitor who trolls you may be outside the US, and you will never know who actually trolls you.
That technique works on any venue. The EFF has been complaining about it for years here, no changes to the registered requirements as copyright exists immediately at the time of creation and only registering for lawsuit purposes is required. This is not unique to Etsy at all. Just google false DMCA claims and there’s thousands, if not millions, being talked about.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Quote:
Originally Posted by Gladiator View Post
That technique works on any venue. The EFF has been complaining about it for years here, no changes to the registered requirements as copyright exists immediately at the time of creation and only registering for lawsuit purposes is required. This is not unique to Etsy at all. Just google false DMCA claims and there’s thousands, if not millions, being talked about.
I know.
And it adds lots of risks for selling goods on the competitive market niches. Maybe there is some proactive defense against that technique?
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Quote:
Originally Posted by johntusk View Post
I know.
And it adds lots of risks for selling goods on the competitive market niches. Maybe there is some proactive defense against that technique?
There’s nothing you can do if someone files a false claim other than counter it and relist or spread sales of the items over multiple shops.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Will watermarks help?
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Quote:
Originally Posted by johntusk View Post
Will watermarks help?
If someone DMCA hits you that won’t help with anything.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

I see most high selling shops running smoothly on Etsy at first sight.
It all depends on the brainlessness of your niches competition.
The competitor can go further and make a ⊗⊗⊗⊗ sue.
Its credibility also won't be checked by any venue I guess.
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Default Re: Taking down an Etsy top shop with ⊗⊗⊗⊗ copyright claims

Quote:
Originally Posted by johntusk View Post
I see most high selling shops running smoothly on Etsy at first sight.
It all depends on the brainlessness of your niches competition.
The competitor can go further and make a ⊗⊗⊗⊗ sue.
Its credibility also won't be checked by any venue I guess.
Etsy allows higher sellers to take more DMCA hits.

Some venues do verify copyright claims, most don't. You just got to deal with it. If you know who is doing it, or whoever is getting hit knows who is doing it, they are always free to sue for an injunction and it will cease the claims.
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