Wait, a few questions:
a) the DMCA, being an American law, can't literally be enforced without local cooperation (and likely, with some local adaptations). I'm not sure how trying to enforce the DMCA in Europe actually goes - I suspect easier in some countries than others - but if it's happening in the United States and you get a counterclaim you're a step away from having to go to federal district court over it. Wouldn't it make more sense to bring suit, if necessary and local laws allow, to sue under your local statute instead of an American one?
b) Issues like fair use, which is almost certainly one of the first go-to defenses, doesn't really exist in the same way in Europe as far as I know. If a client of yours insists on something that would clearly fall under that category, what would be your options? The prices aren't really enough to retain a decent IP lawyer in the US and because there are criminal liabilities that don't neatly overlap with civil liabilities and safe harbors, especially since the safe harbors change every few years.
c) Not sure how it works in Europe but in the US you can always hire someone, likely a lawyer, to do it anonymously anyway. It doesn't necessarily end up helping since the original copyright holder will need to be identified anyway and it may attract a Streisand effect.
Just a few Qs that popped up in my head. I'm really not all that sure much each country in the EU retains their own copyright/trademark laws and how much is centralized nor what sort of remedies could be gotten, so sorry if I'm asking something that's obviously or something. Cheers.
@jim_zhou@emiruckan I'm sorry but I'm not asking whether you have happy clients, but about contingencies. I'm quite familiar with the system in China - my grandfather was a judge in China from the late 70s to the mid 80s, and I'm also very well aware of the rubberstamp quality of the system there. However, the system in other countries, some on civil law and some on common law traditions, differ wildly and may open yourself to significant liabilities. So it doesn't really quell my concerns since it's usually the one unhappy customer that has the impact of 100 happy ones. Can you answer my questions please? Thanks.
@jim_zhou I've understand but We don't interfere with International legal problems. That's not our case or service. Check out our updated terms. You should hire a lawyer for complicated problems. We can only help for listed platform who cooperates (that mostly have DMCA departments). That's why we've listed the compatibility platforms on site. We'll refund for unsuccessful cases. *
* We've updated refund policy on TOS, check for updates.
@jim_zhou@emiruckan I don't think you quite understand - a DMCA complaint is a legal problem, period. The platforms are service providers and so they are shielded by law from liability in most cases involving users of the platform. Obviously Rights Enforcement Organizations (REOs) are plentiful in the US, but the most untenable aspect of their work is the investigatory aspect of the validity of the copyright claims, and it's not a problem that they've been able to solve adequately at scale, with lawyers knowledgeable in the field, and with the help of machine learning. Section 4 of your ToS seems to simply push the investigatory aspect of the validity of the claim onto your clients or a 3rd party provider, but because you are acting as the agent/rep and your good faith belief is sworn to on the takedown notice, that at least theoretically would render all of your takedown notices prima facie invalid. What counts for "good faith" of course is slippery, but it's less slippery when you state ahead of time that you aren't responsible for the investigatory aspect of the law at all. The fact that you're a startup located overseas that doesn't seem to work with American lawyers but deal exclusively with American law in American jurisdictions is really asking to get sued by the first aggrieved person who happens to read your ToS and knows a lawyer who can take a look at the circumstances.
At first I thought you were trying to enforce laws similar to but not identical to the DMCA in Europe, which at least makes some sense provided that if the EU has some sort of uniformity in handling these things. But don't make the mistake in thinking that oh it's just some forms to fill out and if it doesn't go through it's okay. Even most American law school graduates who graduate and immediately go solo don't tend to wade into the treacherous waters of IP law alone. Ironically enough, it's probably easier for you to blackhat a copyright troll operation from overseas than to do a legit service, such is the broken state of our laws, but since I suspect extortion or fraud is illegal in your country as well, it's still unwise, just in a different way, I suppose.
If you're actually interested in the minefield you're about to wade into, there are a few academic papers that would at least be worth your time to go through:
https://papers.ssrn.com/sol3/pap...https://assets.documentcloud.org...
@jim_zhou no, I don't quite understand you. I don't want to debate this. DMCA legals is not so complicated. It this not about law development project. This is Privacy Protection service for DMCA Takedown for small creators who wants keep their privacy.
I'm so sorry that you've misunderstood it. Please next time take a peek on site, check the facts what project stands for.
If you like to debate more about, please join in some Law & Legals Group that shares same mindset, instead of ruining startup projects makers. If you don't like my project, you don't have it use. I'm not forcing as you do.
For the DMCA to be real, you have to be real and traceable. I can claim copyright on anything performed by, say Bon Jovi, according to this sucky app, anonymously and cause a lot of grief to the actual copyright holder as well as the platform carrying the material.
It is a half-brained idea, launched without thinking.
I hope it crashes and burns without seeing any use. Anonymity is not for everything. Obviously, the creator's feeble mind is not capable of grasping the concept.
@travelsalot , It not what it seems like, Off course there is no Anonymous Agreement. When you want to claim the rights, You'll sign an Real Client-Agency Agreement that binds you legally.
DMCA keyword(s) Monitoring is a 3rd Party Service that we don't use (for now). Actually I don't rely on these services, too problematic to maintain for right solutions.*
* We've Updated Terms for this problem on 4.2 Copyright Monitoring
We DO NOT Claim Trademarks. Ex. If somebody apply for DMCA Takedown for Trademarked items, applied platform won't accept incoming request from non-registered contact email, they won't process it. And We don't refund. (That's why nobody will like to make thing kind of claim).**
** We've Updated Terms for this problem on 4.1 Trademark Claims,
Monimen DMCA Takedown is a service for Twitch Streamers, YouTube Creators, Graphic Designers, Photographers, Content Creators etc. that we help personal copyright holders.
And we do DMCA Takedown for Anonymous to save your real information from Thieves. Platform you apply is giving your real information to thief account holders.
I hope this works to save more people's privacy like Women and LGBT+ members to keep their privacy while they remove unwanted creative copyrighted content from pirated accounts.
