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In the first part of our article, we looked at why DMCA scams exist and how they are set up. This week, we will try  to analyze their consequences, and see if there are tips that can help you protecting yourself against these scams.

Consequences of DMCA scams

False DMCA takedown requests and DMCA-related scams can have devastating consequences for individuals and businesses. Being the target of such a request can lead to significant disruptions in your business. These scams can affect marketing campaigns and even communications with customers. Such an operation can damage the reputation of a company or designer, and result in significant financial losses. For example, when a content creator on a platform such as Twitch or Youtube has their account suspended, or part of their videos taken offline, the loss of visibility will be significant and will affect reputation, whether or not the notices are justified. Contestation takes time and resources; you might mean to hire a cybersecurity firm or a lawyer; in the meantime, the content remains offline and generates no revenue. Smaller creators don’t necessarily have the resources to defend themselves effectively. These claims can also damage the reputation of cybersecurity and content protection companies such as Agence PDN, whose missions include helping customers making legit DMCA claims; nowadays, even legitimate claims are indeed viewed with suspicion.

Possible means of defense

The DMCA provides a mechanism for contesting abusive takedown requests: the counter-notice. When a takedown notice appears to be unfounded, a counter-notice can be filed with the platform hosting the content. If no legal action is taken within 10 to 14 days, the content has legally to be be restored.

However, the counter-notification process is often complicated and intimidating for the uninitiated user.  There is also no compensation for losses incurred during the withdrawal period, which limits its effectiveness.

  • Legislative reforms

There has been much talk of reforming the DMCA to provide better tools and help preventing abuse. Some proposals include tougher penalties or more restrictive filtering mechanisms. For the time being, however, these reforms don’t seem to be a solution,  as slowing down applications by subjecting them to greater scrutiny would at the same time risk undermining legitimate applications.

  • Technical defenses

Tools have also been developed to detect and prevent false takedown requests. For example, advanced algorithms can analyze claims to identify patterns of abuse, and users can be asked to provide additional evidence before a takedown request is accepted. However, this type of analysis remains highly imperfect for the time being.

  • Education

Education plays a crucial role in protecting against DMCA abuse. Content creators, companies and Internet users need to be informed of their rights and about what they can do if they are facing a request to remove legitimate content.

 Awareness campaigns can help reduce the number of scam victims by increasing their vigilance .

A fake law firm for DMCA scams

When you receive a DMCA takedown request, it is essential to verify the identity of the person making the request.

Requests must come from reliable sources and be accompanied by clear evidence of the alleged infringement. If in doubt, it is advisable to consult a lawyer specializing in intellectual property.

But even this last advice is   not so simple: recently, several law firms, which actually do not exist, have been spotted.

For example, a fake Boston law firm, Arthur Davidson, was created entirely by AIs. To all appearances, this firm is made up of lawyers who look real: on the firm’s website, you can find their names, photos and full biographies, including the names of the universities from which they graduated. One user received a DMCA request from a Nicole Palmer, a lawyer specializing in copyright law. The only problem? Nicole doesn’t exist…

Other fake companies have been spotted over the years, including nationlaws.us, nationlaws.org, citi-law.org and taylorwilsonsmith.com. As these domains are shut down, others in the same genre appear.

So how do you protect yourself?

Creators should be familiar with the DMCA counter-notification process and know how to use it if necessary. By being prepared to respond quickly to a false claim, you can significantly reduce the time your content remains offline, and best preserve your revenues.

DMCA scams often spread via electronic communications. It is therefore essential to secure e-mail addresses and check the authenticity of messages before replying or clicking on links. The use of spam filters and security software can help reduce the risk of falling prey to these scams.

Some companies, such as Agence PDN, offer monitoring services to protect copyright. These services can also be used to monitor false claims and to intervene quickly in the event of abuse. By hiring such a company, creators and businesses can concentrate on their core work in the knowledge that they are protected.

False DMCA takedown requests and DMCA-related scams represent a growing threat to content creators, businesses and Internet users in general. To combat these abuses, a combination of education, vigilance, legislative reform and technological solutions is required. By understanding the risks and taking proactive measures, creators and businesses can protect themselves against false claims and scams, while continuing to exploit the Internet’s potential to disseminate their works and ideas. The important thing is to preserve a balance between protecting copyright and defending against abuses that threaten freedom of expression and innovation online.

Come back to our blog in October for our new theme:  the darkweb and its role in piracy. At Agence PDN we’re used to making DMCA requests. If you receive a takedown request that seems fraudulent, don’t hesitate to contact us. We can help you identify if it’s legitimate, and defend you if it’s not. Enjoy your reading, and see you soon!

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