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Default 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?
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Default 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.
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Default 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?
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Default Re: False DMCA notice and Counter Notice to remove strike

Quote:
Originally Posted by ISeeYou View Post
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?
No it doesn't
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Default 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?
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Default Re: False DMCA notice and Counter Notice to remove strike

Quote:
Originally Posted by ISeeYou View Post
so basically your shop can get suspended for false dmca notices and even if you remove them legally etsy doesnt give a damn?
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.
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Default 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?
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Default Re: False DMCA notice and Counter Notice to remove strike

Quote:
Originally Posted by ISeeYou View Post
damn, that sucks...
Is there any point messaging them and telling them to remove my warnings as those dmca was false?
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.
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Default Re: False DMCA notice and Counter Notice to remove strike

then they get surprised when people trying to use stealth accounts...
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Default Re: False DMCA notice and Counter Notice to remove strike

asked etsy about this. lets see what they say.

Last edited by ISeeYou; 1 Week Ago at 10:45 AM.
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Default 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.
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Default 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
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Default Re: False DMCA notice and Counter Notice to remove strike

ISeeYou let us know about answer
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Default 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)

Last edited by ISeeYou; 4 Days Ago at 06:57 AM.
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Default 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.
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Default 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.

Last edited by ISeeYou; 3 Days Ago at 02:24 AM.
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Default Re: False DMCA notice and Counter Notice to remove strike

Quote:
Originally Posted by ISeeYou View Post
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.
How much DMCA you get total?
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Default 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)
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