Some Guy's Blog
Apparently, phishers are sending out DMCA Notifications. The links on the pages link to malware. Is this true? Not sure. Don't know if I want to test that myself. Apparently, that is what this author is trying to convey.
Let's think about this for a second. It's not like DMCA agents or IT even really check those links. At least, not most of them. How do I know this? I asked. They receive a notification, check if the requirements are met, disable access and remove files. Seriously. I was told that checking every link would be too time consuming.
There are people who lost access because apparently, the person filed a notification against themselves.
Now, how in the world do you send a notification to yourself? Why would you do that? You would not typically do such a thing. Would you? A competitor might send a notification out to take you down.
Imagine what a dangerous thing that is for small businesses.
A counternotification can take up to 14 days to process.
One thing to remember, if you are ever in such a situation, is to emphasize that the notification is invalid because you are listed as the sender and receiver and you NEVER sent such a notification out.
Back to the entire phishing thing.
First of all, the sites with alleged malware could happen in several different ways.
So that could be valid
Second, the letter itself. Let's break it down.
Dear Sir, (Sir... really?)
Attached is a list of the copyrighted material you are infriging on.
(LIST?What list?)
As well as hosted at http://democraticconventionboston.com/copyrights.php under Copyrighted Materials.
We are the proprietors of all copyrighted material that is being fringed (Fringed?) upon on your companies webste. (companies? Oh, you mean company's - this is how I realized I had received a pirate version of a movie I bought on Yahoo Stores years ago. Try SPELL CHECK!)
We have reserved all rights regarding these trademarked files. (Wait... Trademark? I thought we were talking copyright here!)
Permission was neither asked nor granted to reproduce our copyrighted material, therefore what your company is doing constitutes infringement of our rights. In terms of the Copyright Statutes, we are entitled to an injunction against your continued infringement, as well as to recover damages from you for the loss we have suffered as a result of your infringing conduct.
In the circumstances, we demand that you immediately:
1. remove all infringing content and notify us in writing that you have done so;
2. pay a licensing fee in the amount of 160,000 USD;
3. immediately cease the use and distribution of copyrighted material;
We await to hear from you by. (BY?)
This is written without prejudice (or a Spell check tool) to our rights, all of which are hereby expressly reserved.
(ALL RIGHTS RESERVED. -_- )
Yours faithfully,
Senior Legal Advisor
Graham Barr
http://democraticconventionboston.com/copyrights.php
No, really, this is too funny.
Where's the contact information?
Where's the location of infringing materials?
Not a valid notification. Right?
Well, if it is true, then the alleged phishers could be doing any of these or a combination of these:
- Are NOT likely aware that IT/DMCA agents don't usually check the links
- Don't know of or don't care about the misrepresentation penalties
- Are completely aware that IT staff/DMCA agents don't carefully look over notifications and making a statement
- Are targeting the users themselves. Users can receive a notification from a sender.
However, this is not always the case. In fact, there are many users who never see their notification, unless the service provider sends the notification to Chilling. - Are complete idiots
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