Legal Question in Intellectual Property in California

The failure of an ISP to follow the law regarding a DMCA notice exposes the ISP to liability. On the other hand, the ISP must receive a properly drafted DMCA notice. The ISP also may have received a counter-notice from the alleged infringer of your copyright.

I suggest you meet with an attorney familiar with copyright and intellectual property law to assist you. Sometimes a letter from an attorney is sufficient. Alternatively, the attorney can review the paperwork to date, and perhaps issue a stronger notice.

If you do not find an attorney on LawGuru to your liking, I suggest you contact your local bar association for a list of attorneys near you who practice in this field.

I agree with my colleague. I would also note that only US entities are required to adhere to DMCA protocol. If this other host/ISP is a foreign provider they may not respond to the notice and there would be no recourse under the DMCA for that. If they are a US provider and assuming the notice was properly formatted and articulated, then they expose themselves to claims of contributory infringement for allowing the offending content to remain up in violation of the DMCA.

I would discuss your options over with a lawyer in private before taking any further action. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.