Filing an injunction after a bad faith / fraudulent counter notice to a DMA takedown

[tempa]

What is the name of your state (only U.S. law)?

- Uploader / copyright infringer CA
- Service NY (and Ireland / EU)
- Artist of the original GER / EU


Proper DMCA takedown notice delivered and executed by the service
Infringer doesn't look up the source URL of first published given in the take down notice
Infringer does not recognize derivative work either since in the account she looked a derivative original might given her a clue that the artist has the right to have the infringement removed
Infringer files a bad faith / fraudulent counter notice with the service

If I understand correctly I don't need an attorney to file an injunction? Right or wrong?
If correct ...

Do I file an injunction against infringer in CA?
Or in NY against the service?
Or both?

Can somebody point me to a how to for dummies?

 

[quincy]

What is the name of your state (only U.S. law)?

- Uploader / copyright infringer CA
- Service NY (and Ireland / EU)
- Artist of the original GER / EU


Proper DMCA takedown notice delivered and executed by the service
Infringer doesn't look up the source URL of first published given in the take down notice
Infringer does not recognize derivative work either since in the account she looked a derivative original might given her a clue that the artist has the right to have the infringement removed
Infringer files a bad faith / fraudulent counter notice with the service

If I understand correctly I don't need an attorney to file an injunction? Right or wrong?
If correct ...

Do I file an injunction against infringer in CA?
Or in NY against the service?
Or both?

Can somebody point me to a how to for dummies?

First, on this site it is preferred that all related questions are kept to a single thread. The questions you ask here should have been included with your other questions in your first thread.

That said, I think I am going to need a "for dummies" book to understand the questions you are asking.

If you filed a DMCA takedown notice and you received a counter-notice in response, you will need to file an infringement suit against your infringer (within 10 days), or the site hosting the material said to be infringing can return the material to its original place online. If the infringer is located in California, you will need to file suit in California. The suit will be filed under US copyright laws.

I think you need to speak to an attorney in Germany to assist you with these questions and the questions you ask in your other thread. I am thinking that you are not going to be able to handle an infringement suit on your own, if the attorney you see in Germany even thinks you have a suit worth pursuing.

Good luck.

 

[tempa]

First, on this site it is preferred that all related questions are kept to a single thread. The questions you ask here should have been included with your other questions in your first thread.

That said, I think I am going to need a "for dummies" book to understand the questions you are asking.

If you filed a DMCA takedown notice and you received a counter-notice in response, you will need to file an infringement suit against your infringer or the site hosting the material said to be infringing can return the material to its original place online. If the infringer is located in California, you will need to file suit in California. The suit will be filed under US copyright laws.

I think you need to speak to an attorney in Germany to assist you with these questions and the questions you ask in your other thread. I am thinking that you are not going to be able to handle an infringement suit on your own, if the attorney you see in Germany even thinks you have a suit worth pursuing.

Good luck.

Different issues different threads.

This one deals with the counter notice the other one with the USCO registration in general in order to economically register with high volume creative works.

If I could afford an attorney I would. I applied for a pro bono attorney but being German and all I have little hope I find the help I need. You won't find an attorney in Germany versed in international copyright law who will take a case of an artist with a small or mid range income too low to hire a $500/h attorney which is as I understand the average rate for federal case attorneys in copyright cases.

I can make a good argument for my authorship with third party witnesses / affidavit for the first publishing that naturally predates any unlawful copy. I also can make a good case with 13,000+ product detail page take downs that my work has been stolen many many many times. I'm confident that I can get a judge to accept me as the author of the original and the work meets the threshold of originality to be protected under the copyright in either country.

What I need is the formalities and if an injunction can be filed online.

 

[quincy]

Different issues different threads.

This one deals with the counter notice the other one with the USCO registration in general in order to economically register with high volume creative works.

If I could afford an attorney I would. I applied for a pro bono attorney but being German and all I have little hope I find the help I need. You won't find an attorney in Germany versed in international copyright law who will take a case of an artist with a small or mid range income too low to hire a $500/h attorney which is as I understand the average rate for federal case attorneys in copyright cases.

I can make a good argument for my authorship with third party witnesses / affidavit for the first publishing that naturally predates any unlawful copy. I also can make a good case with 13,000+ product detail page take downs that my work has been stolen many many many times. I'm confident that I can get a judge to accept me as the author of the original and the work meets the threshold of originality to be protected under the copyright in either country.

What I need is the formalities and if an injunction can be filed online.

First, please stop the back and forth on your threads. Stick to ONE thread only. The questions you are asking are all related to your copyrighted works being infringed in the US.

You will need to file a suit against your California infringer using US copyright laws. Your alleged infringer will use US laws, as well, to defend against the suit. The infringer has several possible defenses available in the US that are not available to an infringer in Germany. You will need to become familiar with these if you intend to pursue a legal action here in the US.

I once again recommend you speak to an IP attorney in Germany for assistance.

 

[tempa]

I do not agree that I am going back and forth. I maintain that I am discussing to different legal issues.

It would be helpful if you could point me the differences. Apparently you have some idea.

And no if an unlawful act falls into the jurisdiction of my country I can always file in my country. And the service with office in the shared jurisdiction has no choice but to abide by the decision of the court we share the residence even if the infringer safe and sound in the US does not.

 

[justalayman]

I do not agree that I am going back and forth. I maintain that I am discussing to different legal issues.

It would be helpful if you could point me the differences. Apparently you have some idea.

And no if an unlawful act falls into the jurisdiction of my country I can always file in my country. And the service with office in the shared jurisdiction has no choice but to abide by the decision of the court we share the residence even if the infringer safe and sound in the US does not.

Your German court has no jurisdiction over the guy in California so suing in Germany will provide you no benefit. Your German court has no jurisdiction over events that occurred in the US either.

 

[tempa]

Your German court has no jurisdiction over the guy in California so suing in Germany will provide you no benefit. Your German court has no jurisdiction over events that occurred in the US either.

Yes as I said, it won't affect the infringer but it will affect the service who is within the German jurisdiction. The service won't be able to reactivate the product detail page or allow the infringer to repost without reprogramming the site to exclude customers from Europe which serves the purpose. The service will not bent over backward for one product page and one seller. All these services have the clause that they can remove items on their whim at any time.

 

[quincy]

Yes as I said, it won't affect the infringer but it will affect the service who is within the German jurisdiction. The service won't be able to reactivate the product detail page or allow the infringer to repost without reprogramming the site to exclude customers from Europe which serves the purpose. The service will not bent over backward for one product page and one seller.

I think you probably are best off discussing your legal concerns with whatever attorney in Germany you have been speaking to, because he is apparently telling you what you want to hear.

Here again is the link to the US Copyright Office: http://www.copyright.gov

Good luck.

 

[justalayman]

Yes as I said, it won't affect the infringer but it will affect the service who is within the German jurisdiction. The service won't be able to reactivate the product detail page or allow the infringer to repost without reprogramming the site to exclude customers from Europe which serves the purpose. The service will not bent over backward for one product page and one seller. All these services have the clause that they can remove items on their whim at any time.

Ya, good luck with that. You come on back and let us know how it all worked out for you.

 

[quincy]

I get a bit irritated by posters who come here for the first time and then try to argue how the forum is run. Ah well.

Following is a link to the Digital Media Law Project's "Dealing with Foreign Legal Threats," provided for its ease of reading and for its brief outline of some of the problems that can be encountered over jurisdiction and the enforcement of foreign judgments, this when parties to a suit reside in different countries.

http://www.dmlp.org/legal-guide/dealing-foreign-legal-threats

Generally, for most court decisions to have any effect on an individual living in a foreign country, the legal action needs to be pursued in that individual's home country in that country's courts under that country's laws. The US generally will not enforce foreign judgments if they run counter to US law.