Michael Farah of Texas used a DMCA to attempt to take down a post about his client from CheaterBoard.com… Was this photo being used commercially or is it just a bullshit claim by Michael Farah of Texas? You be the judge! The claim follows:
FWD: DMCA copyright violation notice [email@example.com] (FROM: firstname.lastname@example.org)
VIA EMAIL: email@example.com
Domains by Proxy LLC
14455 N. Hayden Rd
Scottsdale, AZ 85260
RE: DMCA COPYRIGHTED MATERIAL VIOLATION NOTICE
My name is Michael Farah, I represent Molly Allison Walters, of Fort Worth Texas. I received your information from the copyright portion of the website information at https://www.whois.com/whois/cheaterboard.com.
A photo was copied onto your servers without permission. The original PHOTO, to which we own the exclusive copyrights, can be found at:
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my client owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Michael E. Farah
The Farah Law Firm, P.C.
2170 Matlock Road #110
Mansfield, TX 76063