Quote:
Originally Posted by LouiseLloyd
How would an affiliate go about this? The agent is the point of contact but undoubtedly the model will have never provided a real name or valid address.
Say I was to issue a small claims for losses to a model that I knew resided in my jurisdiction, but didn't know real name or address, only DMCA agent as point of contact?
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It's not a small claims case. Its US federal law so it should be filed in US federal court.
The best way would be for a group of interested plaintiffs (affiliates, program owners ect) to join together, chose a lead plaintiff, split the costs and hire an attorney to file the lawsuit. It's not a class action so to speak since there would be no class but merely a sharing of costs.
I believe there is an attorney fee provision in the DMCA so that if you win you can recover any attorneys fees spent.
However, be careful who you chose as a defendant so that they have deep enough pockets that you can actually collect.
There's no penalty provision in the law for companies that file false DMCAs. This is why they act with complete disregard for the law. The person or company that caused the false DMCA to be filed is the responsible party.
The plaintiffs would subpoena the information on the models name from the DMCA takedown company and they would have to provide all the information they have on their client.
You could try to name the DMCA company as a defendant but they would probably be quickly dismissed from the case but you might be able to cost them the attorneys fees to file the dismissal which might motivate them to change their policies.
https://arstechnica.com/tech-policy/...earch-results/
https://www.digitalmusicnews.com/202...-dmca-notices/
https://www.forbes.com/sites/paultas...ny-2-youtuber/
https://www.theverge.com/2023/3/30/2...wn-competitors
https://torrentfreak.com/shopify-fil...ssment-231128/
https://torrentfreak.com/ytmp3-sues-...otices-230801/