Nationwide Legal DMCA infringement scam with scam text

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7 Comments

  1. really thank you for this post, so important to me!!!

  2. Thank you so much! I just found one of these in my spam box. And, indeed, the image does not exist on my site!
    Thank you so much! 😀

  3. Hi,
    I publish a newsletter and received the same thing but, in my case, the request was to credit a well-known and supposedly legitimate sneaker reseller. It seems the site must be complicit in the scam – I can’t think of any other reason. Interested to hear your thoughts on this?

    1. I think either tacitly so – paying a vendor who does dodgy things – or maybe victim of a smear campaign. But yes. The websites I was asked to link to were established businesses.

  4. This is especially concerning given the recent precedents established by Sony v. Cox. In that case Sony was awarded $1 Billion in damages because Cox failed to terminate internet service for persons who received DMCA notices. While an appeals court vacated the amount, they reaffirmed that the ISP was liable for some damages. Of particular concern is the fact that since absolutely anyone can send a DMCA notice it implies that an ISP or web host essentially has to terminate service permanently for anyone who is sent multiple DMCA notices without regard to if they are real or not.

    I was already aware that some companies would abuse DMCA to claim that a particular IP address pirated content when in reality no such action occurred so that they can send extortion letters. For example, I’d occasionally get a letter asking me to pay $500 for an alleged violation. Those stupid enough to pay it immediately get several more letters claiming that each new date is a new violation. They never substantiate the claims. In theory it should be possible to create fake evidence by having a torrent system running on a local intranet where you can create any IP address you want to therefore get a real screenshot, but in practice they don’t really want to sue. They just cast a wide net to profit from the violations. They also rely on the idea that the customer could be held responsible even if someone else uses their WiFi to further create the idea of responsibility (a parent might just assume their child downloaded whatever was alleged and pay it) and some of these companies might actually have a contract with the company while others are just pretending to be that company and there is really no way for anyone to know.

    That said, this is a variant I didn’t know about so I really appreciate being informed. In my case, any DMCA notice would go to the web host instead of me and I have previously had websites break because content gets moved to a DMCA folder so now I wonder if this is the reason why.

    1. Wow, that’s really insidious – fake notices + fines! I hadn’t come across that and thanks for telling me.

      I did once receive a real DMCA notice when a roommate was using a torrent client mistakenly without a VPN. But we just stopped doing that and the world moved on. That is my understanding of how things really work.