Got DMCA Notification - How do I respond?

Google AdSense

[spikedo55]

I bought a site from someone on the Internet recently and a few weeks later, I get a DMCA notification from Google AdSense. Frankly I was stunned. In the rush of bidding, I didn't check the content of the site I bought so its my bad. There's only one page that was the subject of the copyright complaint and I've since taken that down. Google AdSense says I have 10 days to submit a Counter Notification but that really doesn't apply in this case. I've been in AdSense for over two years and nothing has happened like this before. Do I send a mea culpa e-mail back to Google? Should I hire a lawyer to respond? Any help would be greatly appreciated.

[kokaroach]

Send a reply to them asap letting them know you've removed the offending content, and ask them politely for further instructions on how to proceed.

K

[incrediBILL]

Explain to AdSense you just bought the site, remove the infringing content imediately, file your DCMA Counter notification.

Go read this page on Google regarding "Counter notification":
[google.com...]

Next, consider the person you bought it from MAY have actually written the content and you're the one being scammed. If so you'll need an affidavit from the seller proving it was his original content. You can also use the internet archives WayBack Machine to look up your site and see if your site had the content before the person accusing you of stealing it.

If it turns out you had purchased stolen content my next move would depend on how I paid for the site.

If I paid for it with a credit card I would just do a chargeback "for stolen property" as the reason for reversing the sale and let him keep it!

If cash or check, then I'd consider hiring a lawyer to pursue this as in some cases sales can be undone when it's based on bad faith and non-disclosure as the goods appear to have been stolen.

Good luck!

[spikedo55]

I don't see the point of sending a Counter Notification - it doesn't apply in my case. A counter would be applicable if the text was not coprighted and I wanted the page to stay in Google's index. WOuld this interpretation be correct?

[novice]

Spikedo55,

You may want to post this in the Content and Copyright Forum at WW, [webmasterworld.com...]

Also, check out [chillingeffects.org...]

[incrediBILL]

I don't see the point of sending a Counter Notification

Counter Notification is how you tell whoever got a DMCA complaint that you're now in compliance, that's all. Google will want to follow the rules on the link I sent you by the letter.

But it's your AdSense account, do whatever you want...

[frox]

IncrediBILL, this is the focal point of the google DMCA counter-notification:

"I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

I read it as "You, silly google, removed those search results by mistake, because there was a mis-identificaiton of the material (i.e.., the material was not copyrighted)"

So, as you see, this does not apply to spikedo55's case.

I am afraid it's not easy, spikedo55...

THEORICALLY, you can't send a counter-notification, and THEORICALLY, you get suspended and even after removing the material you are NOT re-instated.

You might want to PM Philarmon (member of this forum) who had a similar accident a while ago:
[webmasterworld.com...]
You can ask him how it ended

Also read this long post started by Jenstar back in 2004:
[webmasterworld.com...]

It also might help if you ccontact the copyright holder, explain the situation (i.e. that you bought the site) perhaps offer a certain amount of money as reparation and ask to withdraw the DMCA complain. While THEORICALLY a DMCA complaint cannot be withdrawn, I have read of this happening. That would solve the issue at the other end...

[incrediBILL]

Gotcha, I stand corrected on that, I've only been scammed and stolen from.

The concept of having material on MY site WITHOUT permission is new to me, a different process entirely ;)

[spikedo55]

Thank you frox. That's exactly the situation I'm facing. I have PMed Philarmon and e-mailed Jensense a few days ago. I appreciate the help.