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Hi, everyone. Despite having stuck around Kboards for three years or so, I don't have a whole lot of threads to my name. I'm more of a responder than a starter, I guess. But this seemed worth putting out there.
On Saturday, someone filed a 100% fraudulent DMCA take-down notice against Nolander with Amazon and Smashwords, which promptly blocked the book. Sending in my official U.S. copyright registration materials has done nothing to resolve the situation. Both retailers' position is that I and the DMCA complainant have to send in our written permission before Nolander can be made available again.
I wrote the whole story up as a blog post, including how I discovered for sure that this is some kind of scam. It's sort of long because there was a bit of detective work involved: http://the-active-voice.com/2015/03/01/nolander-blocked-at-amazon-and-smashwords/
The TL
R is that someone can apparently just fabricate a claim of copyright infringement and send it on in, and that's that. I'm preparing a DMCA counter-notice, but I have no idea whether or not it will have any effect. Neither Amazon or Smashwords mentioned counter-noticing as a possible remedy. It's scary. Really scary.
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Updating March 5 with the latest. What I sent to KDP a few days ago:
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A final update (March 10), for anyone coming upon this thread in the future: Amazon did agree to restore Nolander. It took an email to Jeff Bezos ([email protected]) to reach people high enough up in the company to get personalized attention. So, it all worked out well for me.
If something like this happens to you, please bump this thread to let the Writers' Cafe know about it. Indie authors may remain vulnerable to this kind of scam. Hopefully Amazon will be adjusting its DMCA-related policies, but we'll have no way to know whether or not they've done that until the person's experience.
ETA: Links to other possible/proven copyright attacks: http://www.kboards.com/index.php/topic,224280.0.html (added October 19, 2015); http://www.kboards.com/index.php/topic,226272.0.html (added November 16, 2015)
On Saturday, someone filed a 100% fraudulent DMCA take-down notice against Nolander with Amazon and Smashwords, which promptly blocked the book. Sending in my official U.S. copyright registration materials has done nothing to resolve the situation. Both retailers' position is that I and the DMCA complainant have to send in our written permission before Nolander can be made available again.
I wrote the whole story up as a blog post, including how I discovered for sure that this is some kind of scam. It's sort of long because there was a bit of detective work involved: http://the-active-voice.com/2015/03/01/nolander-blocked-at-amazon-and-smashwords/
The TL

***
Updating March 5 with the latest. What I sent to KDP a few days ago:
What I just got:Dear (Rep's Name),
Thank you for prompt response, and for your assistance with this matter. I appreciate Amazon's careful attention to copyright issues.
Please find attached a DMCA counter-notice.
The DMCA notice you received from Rajesh Lahoti was fraudulent. Shortly after Amazon blocked my book from sale, Rajesh Lahoti initiated contact with me through my website, using an alias. He offered to help me with my "DMCA problem." I believe he is using the DMCA process as part of a scam.
I hope this matter can be resolved quickly. Please let me know if you have questions or need anything else from me. For instance, I have a signed hard copy of my counter-notice, which I would be happy to mail in.
Sincerely,
(Me)
So, there's the answer to that question: Amazon does not consider itself legally bound by the DMCA counter-noticing provision.Hello,
I'm so sorry, but we can't offer any additional insight or action on this matter. We are unable to provide you with legal advice. For any specific questions you have about your publishing rights, we recommend you consult an attorney or copyright law professional.
Until this dispute is resolved by all parties concerned, the titles will not be made available for sale in the Kindle Store.
Best Regards,
(Rep's name)
Amazon.com
Your feedback is helping us build Earth's Most Customer-Centric Company.
***
A final update (March 10), for anyone coming upon this thread in the future: Amazon did agree to restore Nolander. It took an email to Jeff Bezos ([email protected]) to reach people high enough up in the company to get personalized attention. So, it all worked out well for me.
If something like this happens to you, please bump this thread to let the Writers' Cafe know about it. Indie authors may remain vulnerable to this kind of scam. Hopefully Amazon will be adjusting its DMCA-related policies, but we'll have no way to know whether or not they've done that until the person's experience.
ETA: Links to other possible/proven copyright attacks: http://www.kboards.com/index.php/topic,224280.0.html (added October 19, 2015); http://www.kboards.com/index.php/topic,226272.0.html (added November 16, 2015)