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False DMCA notice and Counter Notice to remove strike
 

Guys, i get false DMCA notices sometimes and immideately fill counter notice.
And eventually get my listings restored.
But my question is: Does Sending DMCA Counter-Notice and restoring my listings (due to lack of response from other party in 10 days) removes my strikes on my etsy account?

Re: False DMCA notice and Counter Notice to remove strike
 

Does the DMCA notice come from Etsy? I received an email from Etsy saying they had been contacted about my product congaing copyrighted material. I didn't realize I could file a counter notice.

Re: False DMCA notice and Counter Notice to remove strike
 

they come from etsy, however etsy is not responsible for all of the stuff.
you can file a counter notice in the link they provide you in e-mail

my question however is that, does successful DMCA counter notice that restores my item, removes strike on my account as well?

Re: False DMCA notice and Counter Notice to remove strike
 

No it doesn't

Re: False DMCA notice and Counter Notice to remove strike
 

so basically your shop can get suspended for false dmca notices and even if you remove them legally etsy doesnt give a damn?

Re: False DMCA notice and Counter Notice to remove strike
 

I know.. it sucks. It's such a flawed system. A couple more of those notices and Etsy will shut you down. Even though you've been countering them.

Re: False DMCA notice and Counter Notice to remove strike
 

damn, that sucks...
Is there any point messaging them and telling them to remove my warnings as those dmca was false?

Re: False DMCA notice and Counter Notice to remove strike
 

I e tried in the past. Their customer service sucks. And will tell you unfortunately there's nothing they can do to remove those strikes.

Re: False DMCA notice and Counter Notice to remove strike
 

then they get surprised when people trying to use stealth accounts...

Re: False DMCA notice and Counter Notice to remove strike
 

asked etsy about this. lets see what they say.

Re: False DMCA notice and Counter Notice to remove strike
 

If I file a counter notice and Etsy does not receive anything in 10 days will they reopen my store? I got 4 in one day from the makers of Fortnite because I used a character on my t-shirts.

Re: False DMCA notice and Counter Notice to remove strike
 

i have no idea... i messaged etsy about this. I'll keep you informed when i get answers from them

Re: False DMCA notice and Counter Notice to remove strike
 

ISeeYou let us know about answer

Re: False DMCA notice and Counter Notice to remove strike
 

Alright, so here is their answer!

When a complaining party withdraws their infringement notice against a seller, we make a note of this in the seller's account.

I asked them few more stuff to clarify this (about 10 days time)

Re: False DMCA notice and Counter Notice to remove strike
 

Be careful with DMCA counter notices.

Before you send a counter-notice, you should consider carefully whether you are in fact infringing the complaining party's copyright. There are two reasons for you to consider this carefully. First, the counter-notice requires you to state, under penalty of perjury, that you have a good faith belief that your material was wrongly removed. You do not want to make this claim lightly because it might come back to haunt you.

Second, if the complaining party has a good infringement claim, sending a counter-notice may trigger a lawsuit. If you are not prepared to stand up for your use of the copyright owner's work in a lawsuit, you should think twice about firing back a counter-notice. That said, copyright owners sometimes send bogus takedown notices that have no basis in law or fact, which are meant solely to intimidate the target. A prompt counter-notice can make these empty threats go away for good.

Of course, if your are outside the USA, there is entirely a different set of issues about serving you in your home country. Neverthless, the provider (Etsy in this case) will likely suspend your account if the complaining party continues to pursue the matter.

Re: False DMCA notice and Counter Notice to remove strike
 

exactly my friend! you did raised a good point and info!
I know about all of the responsibility about Copyrights and Trademarks stuff.

However when someone registers a site in free hosting, with the name of my stuff that i sell and uploads there photos of MY listing (LOL, without even removing my watermarks) and claims that its his property, i highly doubt that they will be able to prove anything on court...

So yes, basically this is 99% of my dmca take down notices that i receive.

The Reason that other bad sellers dont like me is, that I'am able to sell stuff cheaper (due to currency difference), many other sellers on etsy get mad and trying to suspend me

Basically all of these A-holes have absolutely no owning rights.
Besides, how can you own a handmade smoking pipe from wood? or handmade oil lamp from clay???
As i said they simply create some free website with different names, and upload my listing photos there. then fill in DMCA notice. Etsy has a dumbest system that doesnt even review these notices manually.

Re: False DMCA notice and Counter Notice to remove strike
 

How much DMCA you get total?

Re: False DMCA notice and Counter Notice to remove strike
 

i got few. all of them got busted (i applied dmca counter notice and restored my items)

Re: False DMCA notice and Counter Notice to remove strike
 

I always get ⊗⊗⊗⊗ DMCA's, i have lost countless shops to people targeting me. One guy at the moment has come into a niche market I found and swamped out my items. Hes uploaded 10 items per my 1 and then copystriked me off. It sucks so much but you have to keep going and open a new stealth. I know the guy doing this to me is a big etsy seller, he has 10's of shops. I can tell because he re-uploads the same items over and over again, I would love to take them all down and leave him with nothing, but I just cba with the hassle.

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.

Re: False DMCA notice and Counter Notice to remove strike
 

Thats correct.

Btw,
Guys, be cearful when sending DMCA Counter Notices!
make sure that you are dealing with a troll or competitor!
Trolls and competitors can't do any legal damage to you when you counter notice them.

However if you are selling some look alike products that may include copyrighted words or anything else DMCA notices can be real and may have circumstances if you counter notice them.

but in the case when... for example lets say you are selling "princess Elsa's panties" handmade by you.
D1sney may DMCA takedown you as they have owning rights of that stuff (even one single word may be copyrighted) and etc.

In my case i deal with morons and their ⊗⊗⊗⊗ websites created on free hostings or facebook pages created a minute ago before they made this notice...

if you are selling risky items, your only way to go is keeping going on with stealth accounts.

Re: False DMCA notice and Counter Notice to remove strike
 

Yes, as I mentioned above don't just fire back a Counter Notice without taking a hard, honest look at the complaint itself.

It also puts you in a legal pickle because when you send that Counter Claim, you are basically saying you have a good faith belief that your material was wrongly removed. If that's later proven to be false, (such as a test purchase from you) or third party complaint, it can be used as evidence against you and may trigger a lawsuit for (repeat) infringement.

It's one thing to be put on notice of your "infringing activity" and you STOP doing it.

It's quite another to tell the complaining party you received the notice, made aware of it, and responded "I am not doing anything wrong" when you know you are guilty. ;)