Risks in filing DMCA complaints?

[ownerrim]

I've found an instance of theft and I am considering filing DMCA complaints with the SE's, the offender's registrar, as well as the host. Just wondering what the group consensus is on what the risks might be in doing this. I run adsense and since the offender will be notified as to who filed the complaint, I guess he could try to set me up for click fraud by clicking on my ads. I think I can successfully insulate myself against this since he happens to be an adwords advertiser. Any other risks?

[goodroi]

You are legally responsible for his lost traffic if he proves you filed a false DMCA claim. This is more a notice for anyone who thinks about trying to nuke the competition with a DMCA report.

[beren]

As long as your complaint is valid, you should file it. I don't think there are risks. We all need to do our part to stop the plaigurizers.

[ownerrim]

"You are legally responsible for his lost traffic if he proves you filed a false DMCA claim".

Yeah, I read the same thing on the registrar's dmca page. Just to be sure, I checked my site, my backup copies, AND a very old copy of my site archived by the wayback machine. No question about it: he stole stuff word-for-word.

[willjan]

I have filed over 100 DMCA complaints, all but two have been resolved with no problems. Be sure to craft a DMCA precisely, following the outlines and wording required of by law.

When in any doubt, run it by a competent IP attorney. I stress the word competent, since there are, unfortunately few around. Get some recommendations from professional organizations if needed.

Willjan

[ownerrim]

willjan,

how long did it take either google or yahoo to act? did they remove the thief's site from the index or give them a chance to remove the content?

[willjan]

Google is the slowest, over 10 or more days to have the image removed. They then post your DMCA notice on public web site run by an anti-copyright group foundation.

They remove your street address and phone contacts, but
the implication of the site places you up there as a suspect in using DMCA's to curb free speech.

I've never dealt with Yahoo, but 80% of the ISP's I've dealt with have been quick to act, since by ignoring a proper DMCA they leave the "safe harbor" provisions of the DMCA and then can also be brought up as a copyright offender.

Wiljan