Josh Responds To DMCAForce

Hello,

I am not going to respond to any DMCA before this email. You have been using automated systems, often twice for the same content, and ignoring my replies for years now. I handled them correctly with counter-notifications until it became apparent your system was to send DMCAs without expectation of reply to just get content removed where it could be without any effort. It is your responsibility to protect your copyright, not mine, and to demand I go through years of emails - which I may not even have anymore - to comply to your requests and do your job for you is completely asinine.

You have also failed to submit sufficient identifying information for the content. I need a link to the page where the allegedly infringing work is found. Links to the image themselves do not include context for which fair use exemptions may be had. As a discussion forum, the overwhelming majority of copyrighted work present on the forum is used fairly - particularly for derision and ridicule, the most protected uses of any work. If you do not provide a link to the page, I cannot assess if the complaint [is fair use] and I would consider the notice incomplete.

Example:

This is a photo of Patrick Tomlinson which may be his intellectual property. <https://kiwifarms.net/attachments/image-jpeg.1283049/>

However, it is found on this forum page which uses this picture to show that, while he claims to he a professional athlete, he is fat and has tits. <https://kiwifarms.net/threads/patrick-sean-tomlinson-stealthygeek.65412/>

This is fair use, and without the context I cannot evaluate your complaint.

If you want to submit any DMCA you should consider fair use. This is required of you, as set forth by a US District Court. I know my rights, and I know that if you continue to send me frivolous complaints I am entitled to compensation under 17 U.S.C. § 512(f). While compensation for DMCA is rarely granted, in exceptional cases where the abuser is a large copyright holder or agency (you), it can be.

I will also never take down derivative works - including, and especially, screenshots of Tweets or other posts. You routinely try to DMCA me for screenshots of posts, and as screenshots are derivative works they are not your property to file a claim on.

Your conduct is completely unprofessional and your agency is a personified representation of the abuse that the DMCA perpetuates . You work in an industry of mentally ill digital prostitutes and nobody should be surprised that people make fun of them on the Internet. If they don't want to be made fun of, they should not shamelessly debase themselves. They have rendered their body into product, and like with any other product, people are allowed to review them on the Internet. That is our first amendment right.

Thanks, Josh