Head Slam … Educate Yourself on Copyright Law before sending a DMCA Notice
The DMCA is applicable and applies to material or content that is protected by copyright law. If the material does not enjoy protection under U.S. Copyright Law, the DMCA is not applicable.
Recently, a DMCA Notice was sent regarding a claim of infringement over a LOG IN SCREEN. Yes, a log in screen (user name, password…you know the drill). It caused a lot of problems for the alleged infringer who wasn’t an infringer at all. In fact, the allegedly infringing log in screen is not infringing. And, the log in screen claimed to be copyright protected was based on a word press generated log in screen.
For those of you looking to use DMCA, please make sure your content is ORIGINAL and is protected under copyright law. Otherwise, you will do nothing more than to derogate the DMCA, cause a lot of problems for others, and your intent of stifling competition will be obvious.
As TechDirt stated, “Either way, the people behind iPhotographyCourse, like so many before them, have exposed their true intentions by targeting such an obviously non-infringing page: this isn’t about protecting intellectual property, but interfering with competition by abusing the DMCA process. Either that, or they are tragic victims of our ownership culture who also haven’t logged into a website in the past ten years.”
There are hundreds of FREE websites with information about copyright law. Please be a responsible user of the DMCA by educating yourself on copyright law.
I have opened this post for comments in case anyone wants to disagree with me.