Joseph wrote:And, was your photo POSTED or LINKED? If it was only linked you may well be in trouble for filing a false DMCA complaint. Linking is no problem as folks are pointed to where YOU have the image up. If posted, your complaint is valid. You can't control thieves.
All photos and pictures at MDB are linked. The only photos that are hosted are avatars.
However, in order for a DMCA to be valid, the complainant must be the holder of a valid copyright or an agent of the copyright holder.
SeattleSmutWriter claimed that it was his brother who held the copyright because the image was registered at
My Free Copyright. But
My Free Copyright is not an agent of the U. S. Copyright office, nor does it claim to be. Registering your work there does
not make you a valid copyright holder.
On top of that, the use of the image in question has to go beyond Fair Use law. Fair Use law allows for an image to be used for the purposes of parody or critique, which was how
Spurven Ten Sing and
TrashcanMan79 used it in the thread in question. So even if
SeattleSmutWriter and his brother had been valid copyright holders (which they weren't), arguably the use of the image in question here at MDB was legal.
Finally, even if you are a valid copyright holder
and you're complaining against someone whose use of an image goes beyond Fair Use law, your DMCA take-down needs to be filed with the Web server that is hosting the image,
not a Web server that is merely linking to it. In this case, the hosts of the images that
SeattleSmutWriter was complaining about were Gravatar and ImageShack. Yet
SeattleSmutWriter targeted Dreamhost and left Gravatar and ImageShack alone, which is why the images still appear in the Google cache of the thread in question.
You want to talk about illegal activity? Filing a false DMCA is illegal and those who do so may be subject to criminal charges.
Fortunately for
SeattleSmutWriter, I have a feeling that
Dr. Shades is a lot more forgiving of these types of indiscretions than he was.