Quote:
Originally Posted by AdultKing
If the DMCA is so broad as to cover the whole site/domain and not just the image in question then it is not valid and you should issue a counter notice.
If you believe that the use of the image constitutes fair use then you should also issue a DMCA counter notice.
DMCA is not a one way street, if you issue a DMCA counter notice then the content can remain and it's up to the rights holder to take the issue to court. Then a much higher standard applies with regard to evidence and the interpretation of the DMCA.
As for Chaturbate, if they provide an affiliate feed with images then it's implied that those images may be used by affiliates for the purpose of promoting Chaturbate, so that would constitute fair use.
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We get several a year from an idiot JAV company in LA for using the content they provide to sell their products. We counter DMCA to Google (By the way, this company only sends DMCAs to Google) and Googles' eyes seem to glaze over. What should our response to this sort of BS be?
Usually, I have to walk a Google rep through the link trail. A couple of times. Then they sometimes get it. Only, sometimes.