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Patent Infringement Question — DMCA takedown on my original content

Started by first_time_worker_TX · Dec 28, 2023 · 2,794 views · 11 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FT
first_time_worker_TX OP

I've been trying to resolve this on my own but I'm stuck.

DMCA takedown on my original content. I've been dealing with this for about 8 months now and the situation isn't improving.

This involves original creative work over the past 6 months. I do have documentation proving my ownership and timeline.

Should I hire a lawyer for this or try to handle it myself?

RL
RetiredLawyer_FL

I've dealt with this before.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the DMCA safe harbor provisions years for this type of claim.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

TR
TruckerRights_OH

Been there. Here's what I learned.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

JC
just_curious_driver_NY

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

PJ
Paralegal_Jen

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

DN
DataPrivacy_Nerd

I've dealt with this before.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

PJ
Paralegal_Jen

Been there. Here's what I learned.

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

PJ
Paralegal_Jen

Been there. Here's what I learned.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

NH
need_help_buyer_MA

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

CA
CorpCounsel_Amy

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

DD
desperate_dev_help

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

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