Thursday, July 19, 2012

DMCA Takedown Notices Being Abused

Yesterday I posted a blog article about how the DMCA takedown notices are being so heavily abused these days that it amounts to extortion. The good folks over at FightCopyrightTrolls tweeted about my post, it came to the attention of someone at Takedown Piracy, and their owner called me a hack. Well, here's my take. As I said yesterday, DMCA takedown notices have exploded in the last year about twelve fold. Yesterday, this Takedown Piracy company was the number one reporting organization for those takedown notices, at least to Google. They aren't as of today, but they are still number two.
So if you think about it, Takedown Piracy is probably a one-man shop, or at least it appears to be. Yet Takedown Piracy submitted over 400,000 DMCA takedown notices to Google last month. So if this guy Nate Glass works about a 10-hour workday 5 days a week, that's about 215 work-hours a month. So Nate is sending out about 1,860 DMCA takedown notices per hour, or about one DMCA takedown notice every two seconds. You tell me, do you think Nate is doing his homework on those notices?
The Courts have held that before someone issues a DMCA takedown notice, they have to make a determination whether the use of they copyrighted material is a 'fair use.' Does anyone think that Nate Glass and his
ShakedownTakedown Piracy company are performing an actual 'fair use' analysis of every allegedly infringing work before a DMCA takedown notice is served? In two seconds, Nate and his crew can actually visit a site, confirm that a copyrighted work is being used, and determine that it is not a fair use?
Takedown Piracy is a shakedown racket plain and simple. Don't let the smoke and mirrors fool you. They might not get paid directly by the innocents that they shake down, but they are profiting from bogus copyright trolling just the same.