Legal Question in Intellectual Property in Michigan

DMCA Copyright Infringement

There is a company that is claiming my website is guilty of violating the DMCA, infringing on their rights, specifically dissemination of two software programs. The developers of the programs that I provide information to on my website are located in countries where the DMCA is not honored which is why I believe my website has become a target, being that I am located in the United States and have my website host in the United States.

The specific programs have never been reviewed in a court case in the United States and the company making these claims against me have not presented anything beyond DMCA violation notice emails to my web host.

Does the company accusing my website of containing content that violates their IP rights under the DMCA need to get a ruling from a judge on whether these programs are in fact a violation of their rights under the DMCA or can the company come directly at me and my website with a civil case and sue me for dissemination?

I am far from knowledgeable in civil law and apologize if I was not clear or did not provide details that are needed. Thank you for any help with this.


Asked on 4/04/09, 10:19 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: DMCA Copyright Infringement

There are a number of issues here. Contact an IP attorney in your jurisdiction to assist you.

It is not necessary for a plaintiff to have a declaratory judgement before filing suit. One of the motions in limine that your attorney would bring is that there is no jurisdiction in your case.

Your case may be a case of first impressions. It is not necessary to have precedent in law to bring suit.

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Answered on 4/05/09, 3:55 am


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