Fake DMCA Takedown Notice

Ericathompson
Tourist
4 0 6

Hi,

My competitor filed a fake takedown notice and I have filed a counter claim.

After filing a counter takedown notice and the person who made the complaint did not take further action, I understand that the material removed could be enabled after 10 business days. However, if the same person who made the complaint report another DMCA takedown on the same product page after it was enabled, will shopify ask me to take it down again? Cause this could go around in cycles. Is there any shopify policy to prevent that?

Replies 18 (18)
Lilith
Shopify Staff
Shopify Staff
603 72 171

Hi, @Ericathompson.

 

My name is Lilith, I'm on the Social Care team at Shopify. I understand your concerns. I'd be happy to take a closer look at your specific questions in relation to your account.

 

I've sent over an email to assist you securely.

Lilith | Social Care @ Shopify 
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 - To learn more visit the Shopify Help Center or the Shopify Blog

madebyrvk
New Member
1 0 1

Hi Lilith,

 

Recently I had the same problem. I haven't filled a counter notice yet, cause I did some research about the person who did sent a copyright complaint. I understand Shopify follows the protocols but what if it's a false complaint? I read a lot of things like "a scam", "a bot" or fake.

 

Before I continue with the counter notice and sent my private data to DMCA complainer, I like to hear more about the takedown notice. 

 

Can you help me with that?

 

Like to hear more!

JamesMPL
New Member
1 0 0

Hi Lilith, we license artwork from agencies in the USA and have the exclusive license. Every single time we file a DMCA against a Shopify store selling stolen images, they counter file a false claim against us. Shopify does not seem to listen to any of our concerns. 

 

Please can you contact me regarding this issue?

globalstore
Tourist
3 0 14

Hello @Lilith , I have had the same problem, one of my competitors filled multiple DMCA notice, taking DOWN my products even if I had COPYRIGHT for them.

 

And NOW, Shopify just CLOSED my account on Tuesday, saying they received many DMCA notices regarding my store. Well... DONE by my competitors who sell exactly the same products. But they know the DMCA is a loophole and no one from your team double check.  FAKE DMCA... how can Shopify let that happen?

Your  Shopify Legal team doesn't care, I am just a number, I sent a long email with all explanations and even documents showing that it was my competitors doing fake DMCA for which I had copyright.

 

Here is your team reply:

------------------

We have received multiple Digital Millennium Copyright Act (DMCA) Takedown Notices for your Shopify store, xxxxxxxxxxxxxxxx.myshopify.com. In accordance with Shopify’s repeat infringer policy, we will be proceeding with closing your account as noted in my previous email. That said, we have allowed time for you to download all of your content and data.

------------------

There is 0 due diligence done, and also absolutely 0 respect from your Shopify team.

 

How can shop owners sleep at night knowing that anytime for any reason Shopify can close your account and won't spend 5 minutes checking any details. Even when they are 100% legitimate.

Cami
New Member
2 0 2
Same problem and this cost me a lot of money. Please do something about this.
Cami
New Member
2 0 2
Any update?
allforyou1
Tourist
3 0 1

Yes, I am also having the same problem. A competitor keeps filing DMCA takedown and never takes any further action. How come Shopify lets them keep on doing this and ruining people's livelihood. What can be done about this to stop these guys from filing false claims against my company and making it a personal matter.

 

Madison09
Excursionist
22 0 4

Hello,

This sounds really stressful, its like you cannot do something about it and those people get away with it.

I would recommend protecting your original content and data using the UNIQUE app.

Been using this app, but its really helpful. I get notified whenever someone uses my brand's photos and content and I can automatically delete it on my end.

Saves you time dealing with DCMA counter-notices. 

Hope this helps!

allforyou1
Tourist
3 0 1
Thank you for the reply and the advice, really appreciate it.
JaimeC
Tourist
6 0 3

Hello,


A Shopify store keeps sending me DMCA Takedown notices. Inside the DMCA they say that I am copying part of their content and the truth is that I have not copied a word. The problem is that the Shopify legal team does not manually check if my content is the same or different, so they ALWAYS deactivate my page for no reason. I have lost a lot of money by having ads on social networks, because my page has already been deactivated 6 times in the last month.

It seems that the Shopify legal team is unable to help me, they are unable to even see if what it says in the DMCA is true. I have contacted on numerous occasions and they always tell me that they cannot do anything and that with regard to the store that sends me the DMCAs they will not do anything against them, when I think that these types of stores are doing a lot of damage to the ecommerce industry and to Shopify in particular.

I feel that on this platform no website is safe, because as soon as they send you a fake DMCA, a chain of fake DMCAs will start from which you will not be able to get out and you will have no choice but to close your store. I like Shopify but because of this I am going to have to look for other possibilities to build my stores. I cannot waste any more money and time on this platform.

topikpl
New Member
1 0 0

Shopify is doing a terrible job when it comes to DMCA claims. One of my competitors said straight-up lies and keeps taking my content down. I am positive that they intend to abuse the DMCA system in order to hurt my business, unfortunately the competitor doesn't know who they are messing with. I recommend finding a good lawyer and suing anyone who creates false DMCAs. These are terrible scums of the e-commerce world, and Shopify is unfortunately not making it right.

Mortaza
New Member
1 0 0

Hey you can contact shopify and have a live chat with them and they will solve any issue for you here.

 

https://help.shopify.com/en/questions#/contact/chat

Fiitg
New Member
2 0 0

i try to add the unique app, but it cannot upload. 

GJayS
Tourist
4 0 1

I'm not a lawyer and this is not legal advice

DMCA is a governmental tool, outside of Shopify's control. When they receive a DMCA takedown notice, Shopify is required to take the content down immediately and give you the opportunity to file a counter notice. Shopify is not a court and is not allowed to mediate the dispute since it is a legal issue as soon as the DMCA takedown notice is filed.

That said, filing a false DMCA claim is perjury, which is a much more serious crime than copyright infringement and depending on your country/state/city etc. jurisdiction, the abuser will likely be liable for not only damages but all of your legal fees defending the claim.

If you are confident that you are the copyright holder and/or acquired the necessary licensing for content on your store you should consult an attorney. There are lots of free and low-cost counsel options out there that can help copyright battles. There are also creators like Legal Eagle that put out a lot of content to help people better understand  copyright Leagal Eagle: When Youtube Sues You 

ShopGeo
New Member
1 0 1

Hi Lilith,

Would you be able to help me as well - I have a competitor who is also continuing to post false DMCA and I do not want my account to be taken down. 

 

retailer22
Shopify Partner
1 0 0

Hi Lililth. My store was taken down after 3 years of being with shopify. During those 3 years the store got 3 complaints total in form of DMCA takedown. The content was taken directly from my suppliers - imported from oberlo through aliexpress. But 3 items in matter of 3 years. I was told too many complaints, but shopify offers a dropshipping platform. We did not know we were infringing any products since they are easily imported through shopify 3rd party apps such as Oberlo & Dsers. Could you please help. We believe we are an honest store

aryanshaikh
Tourist
4 0 0

Hello, My Shopify account got Two FAKE DMCA Strike. 1st Couple days ago and 2nd Today. Both are from the same seller. He's clearly misusing DMCA. I couldn't even sleep from last 2 days. Keep checking the emails. Please help me out. What should I do? I have already filed Counter DMCA But nothing happens 

TopikpL2
New Member
1 0 0

Draft a cease and desist letter with a lawyer and have the other party sign it. It's illegal to abuse the DMCA power, and they will get in legal trouble for it if they are abusing it knowingly. I don't remember the exact legal codes, but I'm sure a good DMCA lawyer will help you super quickly.