Friday, January 6, 2017

DemandingInformationThatDoesNotExistIsAbusive

NEEDED A URL Or Google won't accept a DMCA takedown notice. You don't want your distressing image on the web? Step one: Man up and put another copy on the web.

An authorized copy is not viewable publicly on the web. The images were taken without knowledge or consent from social media (Instagram) that requires a login/password and user permission none of which were given.

I am attempting to expunge threatening, abusive and libelous material place on the web by someone stalking and harassing a young woman.

The police have been contacted, a formal DMCA takedown notice has been issued to approximately 20 different addresses including Google's from 'whois'. Contact me if you want the formal notice listing the various domains and providers involved.

The takedown notice is legitimate. The complainant is the original creator and copyright holder of the images in question and they were obviously not authorized since they are literally being used to threaten the copyright holder.

I appreciate that you should be reluctant to comply with DMCA takedown requests. This request is about the health and safety of a frightened, vulnerable young woman being victimized by an unknown stalker.

This is about health and safety, not about preventing people access to information.

Re: a copy of each legal notice may be sent to the Lumen project -- I get why this should be done in many, perhaps most instances. This is NOT one of those instances. It is specifically disclaimed and forbidden. Strictly speaking, since you have made it a required input in the only DMCA notice mechanism you seem willing to acknowledge, it cannot possibly be legal defensible and any lawyer involved in creating this ought to be sanctioned. You can't tack on and 'I promise you a billion dollars' as a mandatory checkbox to an input form and expect a court to order somebody to pay you a billion dollars. Same thing here. Additionally, doing so with any type of information that identifies the individual involved puts that person at further risk. That, in turn strictly contravenes existing Canadian legislation involving a case such as this.

This material, along with another copy of the formal takedown notice will be sent to the only Email addresses that seem to be available. Your 'legal contact' stuff does not work.

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