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Attorney's fees for filing a DMCA complaint?
MadamG Zagato
means business
Join date: 17 Sep 2005
Posts: 1,402
07-04-2006 09:25
When filing a DMCA complaint, it is stated that we may be charged attorney's fees..

http://secondlife.com/corporate/dmca.php
From: someone
To File a Notification:
A written notification must be made. This can be done either by fax or written letter (regular mail) Emails will not be accepted unless a prior arrangement has been made. The notification must:
  1. Identify the in-world item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in-world. For example "The allegedly infringing work I am referring to is located on the map area labeled 'Freelon, 104,30,56'." Please note: You may be liable for damages (including costs and attorneys fees) if you falsely claim that an in-world item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an in-world object is protected by copyright laws.

When an attorney is needed for anything, the fees are usually discussed up front. I would not ever use an attorney who didn't tell me up front how much he/she was charging me. In addition, what constitues a "false claim"? Who decides that? Does the other party filing a counter-claim constitue a "false claim"? Does the attorney who works for LL decide whether it is a "false claim"? You policy does not clearly state how a false claim is determined.

So in this case, would it be too much to ask to post a schedule of fees for whatever services your attorney might provide?

Schedule of Attorney's Fees for DMCA Services:
Case Review $???
False Claim $???
3rd Party Servicing Fee $???
DMCA Take down service $???
DMCA Restore service $???
Court Order Take Down $???
Court subpeona service to 3rd party $???
Court subpeona service to 3rd party $??? (International)

I do not know what the fee you describe is for (and neither dos anyone else) so I just listed some possibilities. With all the arising theft in SL, it would only seem fair that everything be clearly defined so as not to discourage residents from beginning the process of defending their original works. I for one have a few to file, but do not understand your definition of "false claim" and how it is determined and by whom.

So in conclusion:
  1. What are the fees you describe for?
  2. How much are the fees?
  3. What constitutes a "false claim"?
  4. Who makes the determination that a claim is false?
  5. What are this individuals claims based on?
Thank you for your time.
_____________________
Torley Linden
Enlightenment!
Join date: 15 Sep 2004
Posts: 16,530
07-06-2006 11:48
Asking about this...
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Ginsu Linden
Junior Member
Join date: 28 Jul 2005
Posts: 24
07-07-2006 15:03
Please note that the Digital Millennium Copyright Act is U.S. federal law, it is not arbitrary policy established by Linden Lab. Section 512(f) of the Act provides:
------------
(f) Misrepresentations.— Any person who knowingly materially misrepresents under this section—

(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,

shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

(from http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html)
------------

Whether or not a claim is a false claim for purposes of the DMCA is determined by legal process, not Linden Lab policy.

As an example of the financial consequences of inappropriate use of DMCA notifications, you may be interested in Online Policy Group v. Diebold, Inc. - summary available here: http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/