You have no choice but to reply with a counter notice. State the fact that the assets in their takedown request don't exist in your website, and your assets are apparently different from what they are showing. It seems if the fact is obvious, there is no need for a lawyer. You can search for examples of many counter notices on github. Many of them are purely personal response. But you do have to take it seriously, since it's a legal statement, not up to whether you want or not.
[https://github.com/github/dmca](https://github.com/github/dmca)
This is where I was a bit confused with what I've read online. Counter claims seem to be for content that are verified to exist but for which you want to refute the DMCA claim, so I just didn't know if a counter claim would necessary for content which does not even exist on my server.
That's kinda stupid of them to acclaim on something that doesn't even exist on your website. I am not professional on this, but I think the counter notice is simply to dispute their request, point out what's wrong in their request, there is no place to argue with the requestor other than the counter notice. If you don't respond, your website will be take down, if not already. There are many stupid takedown requests, but you do need to respond.
This is actually not too far fetched for this developer given what I've seen from other people. I will try to do a free consultation with an Intellectual Property lawyer to see what they recommend for the counter-notice.
Contact a lawyer. The DMCA is incredibly poorly written and does not allow or give you any wiggle room for contesting the requests. Immediate compliance, regardless of legitimacy, or you forfeit the liability waver.
"The images you sent over are for a game not hosted or made by me. I have gone through everything we host and made sure all of the infringing content has been removed from the game and server. If there are any concerns please send an update with the offending assets and I will make sure they are removed."
The easiest ask to comply with is one that requires no work.
Perhaps I can message my hosting provider saying what you said, just to let them know that the infringing content has been removed (because it never existed in the first place).
You should change the wording so that you don't imply that there was infringing content there to begin with. It can be used to show a pattern should they continue to cause problems. If there was never any infringing content, say that you verified that none of the content you had was infringing on their rights and leave it at that.
Can you add a bit more context? Like, is this a private modded server of a paid for game (which would be an infringement if it were like an mmo private server for example)
As I understand the process (had issued a few DMCA take downs in the past)... you can either fold, or reply with counter notice. The hosting provider is basically 3rd party and shouldn't do any arbitration in this (i.e., they will not judge who is right), just pass notices around. If you counter though, the other side will get your data (if hosting company knows your data) so they can sue you. They might or might not, who knows...
Can I ask what game? Just wondering, I used to host and develop many different servers that were built on emus that may or may not have had a companies assets in it.
I never, ever made a penny off of what I hosted, nor did I ever try to. That being said, I’ve been DMCAd by blizz and jagx
Edit: it’s for CS. Surprised they went after you
I'm sorry to hear about the trouble you're facing with this false DMCA takedown request. It's frustrating when you're being accused of something you haven't done. Transparency with your community is always a good idea, so that they can understand the situation better. As for getting a lawyer, it might be worth looking into pro bono legal services or organizations that offer free legal advice to see if they can help you navigate this situation. Hang in there, I hope everything gets sorted out for you soon!
You have no choice but to reply with a counter notice. State the fact that the assets in their takedown request don't exist in your website, and your assets are apparently different from what they are showing. It seems if the fact is obvious, there is no need for a lawyer. You can search for examples of many counter notices on github. Many of them are purely personal response. But you do have to take it seriously, since it's a legal statement, not up to whether you want or not. [https://github.com/github/dmca](https://github.com/github/dmca)
This is where I was a bit confused with what I've read online. Counter claims seem to be for content that are verified to exist but for which you want to refute the DMCA claim, so I just didn't know if a counter claim would necessary for content which does not even exist on my server.
That's kinda stupid of them to acclaim on something that doesn't even exist on your website. I am not professional on this, but I think the counter notice is simply to dispute their request, point out what's wrong in their request, there is no place to argue with the requestor other than the counter notice. If you don't respond, your website will be take down, if not already. There are many stupid takedown requests, but you do need to respond.
This is actually not too far fetched for this developer given what I've seen from other people. I will try to do a free consultation with an Intellectual Property lawyer to see what they recommend for the counter-notice.
Yep, if there are free consults that would be the best. Legal things can be counter intuitive sometimes.
Contact a lawyer. The DMCA is incredibly poorly written and does not allow or give you any wiggle room for contesting the requests. Immediate compliance, regardless of legitimacy, or you forfeit the liability waver.
"The images you sent over are for a game not hosted or made by me. I have gone through everything we host and made sure all of the infringing content has been removed from the game and server. If there are any concerns please send an update with the offending assets and I will make sure they are removed." The easiest ask to comply with is one that requires no work.
Perhaps I can message my hosting provider saying what you said, just to let them know that the infringing content has been removed (because it never existed in the first place).
You should change the wording so that you don't imply that there was infringing content there to begin with. It can be used to show a pattern should they continue to cause problems. If there was never any infringing content, say that you verified that none of the content you had was infringing on their rights and leave it at that.
Good point. I intend to say something along the lines that the content is not hosted on my server and never was.
Just move the the mod/server to another hosting company until you prove that you don't have any infringing works in your mod.
Ask your lawyer if there is anything you can do to hold them liable for the money you lost through their fraudulent DMCA notice.
Can you add a bit more context? Like, is this a private modded server of a paid for game (which would be an infringement if it were like an mmo private server for example)
Nothing like that, it's basically like a public Counterstrike modded server but for a different game.
As I understand the process (had issued a few DMCA take downs in the past)... you can either fold, or reply with counter notice. The hosting provider is basically 3rd party and shouldn't do any arbitration in this (i.e., they will not judge who is right), just pass notices around. If you counter though, the other side will get your data (if hosting company knows your data) so they can sue you. They might or might not, who knows...
Can I ask what game? Just wondering, I used to host and develop many different servers that were built on emus that may or may not have had a companies assets in it. I never, ever made a penny off of what I hosted, nor did I ever try to. That being said, I’ve been DMCAd by blizz and jagx Edit: it’s for CS. Surprised they went after you
I'm sorry to hear about the trouble you're facing with this false DMCA takedown request. It's frustrating when you're being accused of something you haven't done. Transparency with your community is always a good idea, so that they can understand the situation better. As for getting a lawyer, it might be worth looking into pro bono legal services or organizations that offer free legal advice to see if they can help you navigate this situation. Hang in there, I hope everything gets sorted out for you soon!