Don't Tread On Me (Or, how I learned to stop worrying and ignore DMCA threats.)
So, the closest thing I've received to legal action was a DMCA request two weeks ago from the lawyer of this guy, one of our favorite Craigslist Experiment responders:
zaarra@pobox.com "Ok, this is a reality check. If you are real, then we're good to go, because I am too. I'll give you exactly what you need. I'm an experienced smart creative Dominant and will take you down just the way you like it. Z"
Nice, yes? I thought so, too. Oh, by the way ED, if you're reading this, you can safely put his stuff back up on the list of responders. Good times.
So, what is DMCA, you ask? Simple, it's a legal system originally designed by big business to squash illegal file trading by going after those who casually post copyrighted material. It has seen been expanded to protect the rights of emo bitches who make shitty icons for LiveJournal, etc.
How Stuff Works: DMCA Edition
I'm posting your copyrighted work on my site? No problem! Have your lawyer draft a "takedown" letter to my webhost, claiming copyright infringement, referencing the DMCA (Digital Millenium Copyright Act).
Ignore the fact that you have no claim to copyright whatsoever. That's not important. What is important is that you take the cheapest route to intimidation possible. Either that, or you realize that you don't have shit for a case and pray to God that I don't know how to deal with a DMCA request. (Like 10 Zen Monkeys)
When your lawyer is done, the letter might look something like this:
Make sure to include pages and pages of pointless whining. Your attorney who has only had her license for about 6 months probably told you that was a good idea and it would help your case.
Then, in a couple of days I will receive an e-mail that looks something like this:
Hello,
We have received a formal DMCA (Digital Millennium Copyright Act) notice regarding allegedly infringing content hosted on your site. The specific content in question is as follows:
http://www.rfjason.com/temp/zaff1-300.jpg
The party making the complaint (Heidi I. Schmid, Attorney at Law, hschmid@muddlawoffices.com), claims under penalty of perjury to be or represent the copyright owner of this content. Pursuant to 17 U.S.C. § 512(c), we have removed access to the content in question.
http://www.loc.gov/copyright/title17/92chap5.html#512
If you believe that these works belong to you and that the copyright ownership claims of this party are false, you may file a DMCA counter-notification in the form described by the DMCA, asking that the content in question be reinstated. Unless we receive notice from the complaining party that a lawsuit has been filed to restrain you from posting the content, we will reinstate the content in question within 10-14 days after receiving your counter-notification (which will also be forwarded on to the party making the complaint). This response can be sent directly to me at ****@dreamhost.com.
In the meantime, we ask that you do not replace the content in question, or in any other way distribute it in conjunction with our services. Please also be advised that copyright violation is strictly against our Terms and Conditions, and such offenses risk resulting in immediate disablement of your account should you not cooperate (not to mention the legal risk to you if they are true).
http://www.dreamhost.com/tos.html
We also ask that if you are indeed infringing upon the copyright associated with these works that you delete them from your account immediately, and let us know once this has been done. We also ask that you delete any other infringing works not listed in this takedown notification, if they exist.
If you have any questions, please don't hesitate to let us know.
Thanks!
Now, you probably weren't counting on the fact that I'm no stranger to DMCA and I know how to respond to one. For those of you who have never had to reply to a DMCA takedown notification, you will want to research DMCA COUNTER NOTIFICATION PROCEDURE.
This is the really great part. The counter notification basically says "you're a liar liar pants on fire" and adds that if you don't respond within 14 days, I get to put my shit back up.
I send the counter notification to my webhost, who then notifies your attorney, and your attorney notifies you and follows up with something like "this will cost thousands of dollars to follow through." And then you swallow, and smack your forehead, and you don't repond within the alloted 14 day period specified in the counter notification and my shit goes back up.
And that's the way it goes! Thanks for playing. All contestants on the RFJason Show get "The Craigslist Experiment" home game and free turtlewax.
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