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Someone is false DMCA’ing 100’s of my items.

Discussion in 'Copyright, Trademark, Patent Law' started by Raee, May 3, 2019.

  1. Raee

    Raee Law Topic Starter New Member

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    Jurisdiction:
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    I create virtual clothing/items on a game similar to Second Life. I receive money from each sale which the website pays to me every month, and is my source of income while I’m in college.

    There is a user on this website who is false DMCA’ing all of my products (over 300). And they are sending me messages off-site threatening to continue until all my items are gone. They are using fake contact information each time. I’ve tried talking to support from the site but they claim there is nothing they can do and id have to take it to court. I literally don’t know WHAT I’m supposed to do, please help !
     
  2. army judge

    army judge Super Moderator

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    There's very little that you can do, or even less the authorities will do.

    You can simply stop selling the items, effectively cutting off the thief's money stream.

    You could try opening another account by working with the site administrators, then start selling items again, hoping your profits won't be hacked.

    For all you know, the thief could be one of the site admins or site ownership to avoid paying you.

    You could contact the US Secret Service and see if they show any interest in your plight.

    Other than that, if I were you, I'd simply shut down shop; which also starves the thief.
     
  3. Zigner

    Zigner Well-Known Member

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    I don't see any mention of anybody stealing anything from the OP. How would the other party's "money stream" be damaged if the OP stopped selling? If anything, if the other party is trying to drive out the competition, the OP's cessation of sales would help the other party, not hurt.
     
    justblue likes this.
  4. Raee

    Raee Law Topic Starter New Member

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    It’s just a salty teenager doing it who thinks/knows he will get away with it. He’s also DMCA’d 100’s of items from a few other sellers on this site as well. We have all contacted the website and they just tell us to go to court, and we are all willing but don’t know where to start or how to even take someone to court if they are using fake information to send in the DMCA’s?
     
  5. Zigner

    Zigner Well-Known Member

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    You are going to want to talk to an attorney who specializes in DCMA matters. Perhaps you and the other affected persons can all get together to pool your money...
     
    justblue likes this.
  6. zddoodah

    zddoodah Well-Known Member

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    Not sure what sort of "help" you're seeking or think folks on a message board can provide.

    If the operator of the site in question is willing to honor the DMCA notices and you are unable to convince the operator not to do so, there is little or nothing you can do. There is no legal means to compel the operator not to honor the notices.

    Contact a local attorney. If you and the other affected persons pool your resources, it may make hiring a lawyer more cost-effective for each of you.
     
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  7. adjusterjack

    adjusterjack Super Moderator

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    "Similar" enough so that, perhaps, the DMCA allegations are not false?
     
  8. Raee

    Raee Law Topic Starter New Member

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    The game itself is a virtual world with avatars and what not, which is what I meant when I said the game is similar to a second Life.

    What type of attorney would I need to find? I’ve called a few law firms and they seem to have no idea what I meant when I mentioned a DMCA
     
  9. Zigner

    Zigner Well-Known Member

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    You'll want to look for an IP (intellectual property) attorney.
     
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