FACTS AT A GLANCE
- Client alleged his copyrighted materials were being posted online without his permission
- Takedown notices were given to the alleged violator pursuant to the Digital Millennium Copyright Act (DMCA)
- iDS engaged to examine evidence of receipt, acknowledgement, and compliance of DMCA takedown notices by the alleged violator
- Client was able to establish disregard for the takedown notices and was compensated accordingly for copyright infringement.
Assist a client with seeking proof that an alleged violator of a copyright had been given proper takedown notice.
Our client, a copyright holder, alleged that certain materials being posted online were his copyrighted materials and that the offending poster was in violation of the Digital Millennium Copyright Act (DMCA). The alleged violator failed to comply with the DMCA takedown notices, and our client was seeking to show proof that the alleged violator had in fact been given proper takedown notice.
iDS was engaged for its expertise in the following:
- Understanding how emails are sent and received, as well as what is required to demonstrate proof of service
- Understanding how fax machines send and receive transmissions, and how to confirm receipt of faxes sent to a specific fax machine
- Helping the client find examples of previously served DMCA takedown notices
iDS established that previous takedown notices had been received by the alleged violator.
iDS Digital Forensics Experts examined evidence to establish that previous takedown notices had been received, acknowledged, and complied with by the same alleged violator. Specifically, the iDS team examined and reported on the following:
- Emails both sent and received between the client and the offender
- Fax transmissions between the sender (our client) and the receiver (the alleged violator)
- The examination of metadata of the copyrighted materials to establish ownership
Our client had a successful trial and was compensated for the infringement.
Trial testimony ensued and the iDS Expert was able to explain the methodology used to establish that there was a high probability that the takedown notice was simply ignored. Our client was successful at trial and compensated accordingly for copyright infringement.