Frivolous DMCA : The Cyber Bully’s Friend

Image thanks to ReverendMungo

This post is not intended as legal advice. (Never take legal advice from a blog! Contact a lawyer/solicitor if you need legal advice)

Had plenty of people contact me asking how on earth can a site be taken down when it has not done anything wrong. Here’s some sobering news for anyone that owns a domain hosted in countries that recognise the Digital Millennium Copyright Act, your site can be taken down by anyone who is willing to sign a DMCA complaint, swearing they are the copyright owner. That’s right, anyone who is willing to perjure themselves can take your site down.

If your site has a frivolous DCMA complaint made against it, the next step for you is to lodge a counter-DMCA with your host. This document has you swear, again under the threat of perjury, that you own the copyright of the reported content. This then removes any liability your host may have in willingly hosting disputed copyrighted material. The original complainant needs to move the complaint to the civil courts (or criminal court if there is a large amount of money at stake), of course if their complaint is frivolous, you can then sue them for causing you damage (especially financial damage).

This is where it gets really messy. Some hosts will uphold the request of the complainant to keep the site suspended for 10-14 days even if the counter DMCA is lodged, to give the original complainant time to lodge their legal stuff. Even if they don’t have a leg to stand on.

If you attract the attention of a cyber bully, who is willing to perjure themselves, then engage a solicitor immediately. This  may seem heavy-handed but being “nice” is not going to change their behaviour towards you. Bullies, in general, do not expect people to stand up to them and rely on the fear that taking legal action is expensive. If you are in the right then all of that expense will be awarded as costs to you in the judgment anyway; to the complainant goes some form of punishment and the obligation to pay restitution. That’s if it even goes that far, their lawyers will recommend they settle ASAP to reduce the costs against them should it go to court.

As I write this I am moving the Secret Women’s Business Network (SWBN) site to a new host, as well as my other domains that have been affected by the frivolous DMCA. I have contacted the host in advance and warned them that there is an issue with frivolous DMCAs being lodged against it and have lodged a counter DMCA with their records, pre-empting what will surely be an attempt by this person again to interfere with my business. I am also discussing the issue with a solicitor firm (having an engaged social network is a wonderful thing! If you have real followers they will offer help; unasked!) and will be issuing instructions against the offending parties as soon as possible.

Again, if you are attacked by a cyber bully, protect yourself and your reputation by taking immediate action.