2017-04-13 - Lyaman Gilman: DMCA.com Copyright Complaint

[Lorin O'Landry]

This complaint is a somewhat interesting because they've used a third party DMCA service to file this nonsense. I've not seen that before for this site.

Thread: https://kiwifarms.net/threads/green...-lyaman-gilman-greenechka-ubuuugreenie.29884/

---

Cloudflare received a DMCA copyright infringement complaint regarding:

kiwifarms.net

Below is the complaint we received:

Reporter's Name: Anne Sherman
Copyright Holder's Name: Lyaman Gilman
Reporter's Email Address: takedowns@dmca.com
Reporter's Company Name: DMCA.com
Reporter's Telephone Number: 7787470442
Reporter's Address: 765 Market Street Victoria, BC CA
Reported URLs:
https://kiwifarms.net/
Original Work: Source: http://68.media.tumblr.com/3fe9d72bc0b8e7f5f47ddde21cd3817f/tumblr_nyov1jF4C51ubzpyyo1_1280.jpg

Infringing: https://kiwifarms.net/attachments/img_5168-jpg.203642/


Source: http://68.media.tumblr.com/74499925d39fe1ce1196e3d25a39f7ab/tumblr_nvcxfd0MJE1ubzpyyo1_400.jpg

Infringing: https://kiwifarms.net/attachments/img_5169-jpg.203643/


Source:
http://68.media.tumblr.com/22de881b1ec25c1454ea81c5169219d8/tumblr_o092fxJIfu1ubzpyyo9_1280.jpg

Infringing: https://kiwifarms.net/attachments/img_5188-jpg.203646/


Source:
http://68.media.tumblr.com/c9510eb35493d7f3e10873298e4c3bbb/tumblr_ofy3fjxotF1ubzpyyo2_1280.jpg

Infringing: https://kiwifarms.net/attachments/img_5178-jpg.203644/


Source:
http://68.media.tumblr.com/7992ffdfbc3864a7123da65b12da5999/tumblr_oeegr9DA2w1ubzpyyo1_1280.jpg

Infringing: https://kiwifarms.net/attachments/img_5221-jpg.203648/


Source:
http://68.media.tumblr.com/ac8178384306c77cd16841018f4daf05/tumblr_o3p0guJBKp1ubzpyyo1_1280.jpg

Infringing: https://kiwifarms.net/attachments/img_5180-jpg.203645/


Source:
https://pbs.twimg.com/media/C6UzomjU0AEYMTC.jpg

Infringing: https://kiwifarms.net/attachments/img_5207-jpg.203647/


Source: http://68.media.tumblr.com/94e799cb7dc09d8aa9328356b8d89c8e/tumblr_od2dcuX0XM1ubzpyyo1_1280.jpg

Infringing: https://kiwifarms.net/attachments/img_5179-jpg.203651/


Source:
http://68.media.tumblr.com/0fdb0abda33c7c62399fd322056690df/tumblr_nx49jw98Wj1ubzpyyo1_540.jpg

Infringing: https://kiwifarms.net/attachments/img_5171-jpg.203650/


Source: http://68.media.tumblr.com/5aab8bc75903ff1416b835110bf56e88/tumblr_o092fxJIfu1ubzpyyo2_1280.jpg

Infringing: https://kiwifarms.net/attachments/tumblr_o092fxjifu1ubzpyyo2_1280-jpg.203227/


Source: https://pbs.twimg.com/media/CyPjcWyW8AEMd-W.jpg

Infringing: https://kiwifarms.net/attachments/upload_2017-4-9_14-32-54-png.203164/


We have provided the name of your hosting provider to the reporter. Additionally, we have forwarded this complaint to your hosting provider as well.

Regards,

Cloudflare Abuse

 

[bearycool]

oh my God, it looks like she was hit by a train the moment she was born.

Also lol at her basically saying "delete my publicly available tumblr pictures you shitlords!"

 

[Jaded Optimist]

This complaint is a somewhat interesting because they've used a third party DMCA service to file this nonsense. I've not seen that before for this site.

So I took a look at their website and holy crap, they charge for this service. They have the cheap option which is them providing a template for you, or the more expensive where they do everything for you. This chick paid real money to have this business copy+paste for her...

 

[Marvin]

Ohshit.

How are you going to respond?

So I took a look at their website and holy crap, they charge for this service. They have the cheap option which is them providing a template for you, or the more expensive where they do everything for you. This chick paid real money to have this business copy+paste for her...

It seems to mask her address by using the company's address. (I wonder if that's even legal...)

 

[Null]

Ohshit.

How are you going to respond?

I'm not. If they press the issue I'm going to remind them that the site's discussions require the works to enable criticism. If they continue to press it I will make the works unique parodies in my own beautiful, special way.

It seems to mask her address by using the company's address. (I wonder if that's even legal...)

It is if they're authorized to represent her.

 

[CatParty]

 

[Jaded Optimist]

Super real testimonial:

“I was extremely upset when I found an unauthorized picture of me on a social media site. DMCA.com was essential in taking down the photograph. They relentlessly contacted the host site until every copy was taken down. I highly recommend their services.”

ie expect more emails @Null

 

[Null]

Super real testimonial:

ie expect more emails @Null

Something tells me that these emails are going to end up in my spam folder and never read.

 

[Jaded Optimist]

Something tells me that these emails are going to end up in my spam folder and never read.

I'm reading through their FAQS because I wanted to see if they had a guarantee. Terms out they have a 5 day promise. So at the most you'll get some extra junk mail for a week, I'm sure your spam folder can handle it.

If your takedown will take longer than the guarantee time of 5 working days one of DMCA.com's Takedown professionals will often advise you prior to proceeding with the takedown.

 

[Apteryx Owenii]

Is this that most illusive of animals, the properly formatted takedown notice?

 

[Feline Darkmage]

Is this that most illusive of animals, the properly formatted takedown notice?

Shame it has no actual, legal merit.

 

[The Fool]

Gotta make use of daddy's money somehow

 

[D.Va]

View attachment 204913

Guess they don't have a no-win-no-fee clause...

edit:

Professional Takedown Services DMCA.com offers a money back guarantee should the the Professionally managed service not be successful. Exceptions are:

1. EXCEPTION - the client has waived this guarantee and this waiver has been made within the case comments of the Professional Takedown case related to the client's payment.
2. EXCEPTION - the client has not responded within 24 hours of case inactivity email notification.

 

[Marvin]

So their business model is to send empty threats and hope they work?

But like, since most people actually do capitulate to the threats, it's actually a p successful business model.

 

[CatParty]

they should hire sam and his buddies

 

[repentance]

So their business model is to send empty threats and hope they work?

Not really. In many cases the complaint would be legitimate but people fuck it up by not filing a valid complaint. Yes, a lot of people will just capitulate whether or not the complaint has merit, but $199 is nothing to pursue a valid complaint compared to hiring a lawyer.

The problem here is that our use falls within "fair use" provisions.

 

[Marvin]

Not really. In many cases the complaint would be legitimate but people fuck it up by not filing a valid complaint.

Many or most? I do know valid DMCA complaints exist, but considering how rarely people get punished for filing false ones, there's good reason to believe DMCA is just constantly abused, all the time.

 

[repentance]

Many or most? I do know valid DMCA complaints exist, but considering how rarely people get punished for filing false ones, there's good reason to believe DMCA is just constantly abused, all the time.

Oh, it's abused all the time but plenty of people who can't afford to take action have their copyright violated. It's part of the reason why even hobby photographers now watermark the shit out of their stuff.

You're right that there's no real punishment for abusing it, though.

 

[Kikomi]

200 fucking dollars? i wasn't too sure she was lolcow material until i saw that she spent that much just to send spam complaints about us posting her publicly available images. made my night tbh

 

[zinsy]

I'm assuming that her reasoning for this stunt is a combination of anger that her images are being reposted anywhere without her consent, and fear that a reverse google image search of her artwork will bring up this site as a search result.

Spending 200 dollarydoos to try and get her images removed in such an absurd manner managed to reanimate this thread from the dead, though, which is probably going to result in the opposite of what she wanted. Why do lolcows never learn?