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The guy messaging and writing the LinkedIn post isn't even a lawyer, but did influencer marketing before. Also no kind of education on his LinkedIn. I do hope they have a least a lawyer in their team or on call.
Shitty, but that's how the law works. The customer should file a counter notice (they won't, though), and should there be no response whatsoever, the content goes back online. But during the dispute, it stays offline.
"Our company's revenue is in the millions"
You should tell him that at LET you hang out with friends who lose billions with just a few minutes of downtime. Millions are nothing.
Billions? That's chump change. A 5 second outage of IncogNET would take months or years for the global economy to recover. /s
The way he communicates in the Discord chat could basically be used as an example as to the meaning of ”small dick energy”
Never used hostgator for copyright content. I have however been a customer and I was impressed by their service. Reason I don't use them is I have more control on my vps/bare metals. Their email delivery was pretty good as well.
Please someone send this to the Linkedin post, I don't have an account there
This guy's business model sounds really familiar, probably because someone on ProductHunt tried to shill their DMCA-notice-mill based in Europe and I wrote a god damn novella about what a terrible idea it is and the first person to know the law at all or have a friend who is a lawyer can bankrupt him and at least theoretically open him up to both civil and criminal liability in the US, because a DMCA notice has specific requirements, is considered a sworn statement, and by issuing it, it serves the function of effectively a legal demand letter, which can end with the cessation of the behavior... or a process server waiting at the airport the next time he arrives in the US for anything, if he's lucky. The notice literally puts the end user on notice that your intention is to initiate legal proceedings in the appropriate federal district court. It shouldn't be surprising if someone takes him up on the offer.
Of course, the hilarious thing is that as a platform/service provider, the liability for a DMCA violation, which is a part of the Copyright Act, doesn't actually implicate you directly or some rando who doesn't have the copyright or a license and authorization to send such a notice out on behalf of the rightsholder. Never mind jurisdiction, there's not even standing AND he'd be suing the wrong party. Since part of the sworn statement involves affirmation that you either own the rights or are authorized explicitly to act as the agent/representative of the rightsholder (he can't initiate a private criminal proceeding since that process went out the window federally in the 70s and only a couple of states still allow that, but not under the DMCA, which is a federal statute), what appears boilerplate to someone in Europe may amount to more than just a 17 USC 512(f) cause of action that would render him broke, but also, may open liability from the actual rightsholder civilly and there's even the potential for criminal liability since prosecutors can come up with some wild ways to charge someone, except here that's not even necessary since perjury and attempted/conspiracy to commit wire fraud is basically what these DMCA mills do when operating without a lawyer licensed in the US while based overseas.
Not legal advice or anything, since a threat is a threat is a threat and isn't a lawsuit and so all this is hypothetical, but remember that talk is cheap, but a federal civil judgment usually isn't, at all. Plus, the statute is written explicitly to create criminal liability in addition to the civil cause of action. Maybe sending some links to those county jail reality shows would be all you need to send the right message, it'll cost less than hiring a lawyer to write a sarcastic slap in the face in the form of a letter back.
Funny if this guy's job actually is to send automated DMCA mail, he should be happy with illegal content, because otherwise he wouldn't have a job...
And lawyers must love rapists
And doctors must love driving accidents