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It is unclear to us whether or not you are the authorized copyright agent for the content in question.
The scraper's site has only been around since March of this year. The content in question has been on the CURRENT URL of our site for at least a year or more. Before that, it was on the same site but a different URL (and before that, it was on a different site that we owned, but split the content off to this site).
Isn't google able to see that this content has been on one of our two sites for the last several years, while the scraper's site didn't even exist?
Did you include the following "DMCA Notification Statement" listed below or is Google currently using a check box for this?
Also for $35 you can upload the contents of your site periodically to the Copyright Office in the US.
Did you spell this to Google in your DMCA? With example URLs, and if possible, archive.org of pages from your site (the current and the previous URL) to prove the content has been there longer?
Is there another scrapped copy on someone else's domain which could make Google doubt you are the copyright holder?
I think you have more chance if you present them with the proof that your content was there longer than on any other URL that might scraped it.
if it's google itself that the complaint is aimed at, and they are refusing to act, then aren't they assuming the legal risk?