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20th Oct 2011, 04:20 PM #7BannedWebsite's:
XmasPresent4Me.comIf your host or you yourself ignore dmca you may not ever get a take-down notice. The copyright holder can go to the search engine for the listing to be removed with out contacting you. There is no forced compliance to any real chain of notification that I have read or heard about. They will go directly to the search engine with out trying to contact the site owner in many cases to eliminate the bulk of the traffic to the file/post.
Based on this notice I think the file host has been contacted by the copyright holder also for removal if Google was contacted.
Because of the potential liability Google acts fast on dmca complaints and they notified you of the action in case you dispute the action which they are required to by law. They stated this in the middle of the notice, Google does not want to have the courts levy a monetary judgement for the indexing of the post/file.
They send similar notices when Law Enforcement or the Courts want access to your gmail account also. I believe they give you a certain number of days to object in the case of email though before the action is carried out.
As for it being stupid, I do not think so, it was smart eliminate search engine listing to kill traffic to the post and file link while waiting for file-host to remove it was a cost effective means by the copyright holder to protect their intellectual property. Probably did it completely automated with software.
Note: I am not a lawyer and am basing this post on information found elsewhere on the internet and may or may not be based off of some person experiences. I encourage anyone to needing precise information to search publicly available sources or professional legal counsel.
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