In the current Q4 peak season, infringements must be prevented. Otherwise, your listings may be removed at best, and your sales privileges may be removed at worst, which means you may miss out on the chance to make big sales. Be especially careful about copyright infringements, as not only will there be a risk of your account being blocked, but even improper appeals may lead to your account being deactivated.
Recently, many sellers have reported that their accounts were blocked due to filing DMCA complaints during copyright infringement complaints, and the situations are different. Some sellers received a notification of account blocking while waiting for the result of their complaints, while some sellers were blocked after successfully filing DMCA complaints and their sales resumed and the infringement performance disappeared. Many sellers are worried about being blocked even after a successful appeal, and they are increasingly concerned about whether to file a DMCA when encountering copyright infringement issues. My advice to everyone is to not abuse it. “ In what situations can the DMCA be used? DMCA has always been regarded as a powerful tool to resolve malicious complaints of copyright infringement. According to the Digital Millennium Copyright Act of the United States, if the party being complained against has not infringed, a DMCA counterclaim can be filed. After Amazon receives the counterclaim letter, it will forward it to the complainant, who will either withdraw the complaint or file a lawsuit. If the complainant does not take any action, Amazon will unblock the listing after 10 working days. At the beginning of last year, malicious complaints about copyright infringement were rampant. Unscrupulous peers copied sellers' listings to independent websites or other sites and then used them to complain about copyright infringement. Since it is difficult to prove the copyright of listings, 5-point descriptions, etc., the sellers who were spoofed had no reason to explain themselves, so they had no choice but to submit DMCA, and many sellers have indeed successfully resolved the problem in this way. It is reported that due to the sharp increase in copyright infringement complaints, Amazon has also upgraded the appeal process and directly included DMCA as one of the appeal options. Sellers no longer need to write a counter-claim letter, but can directly check and fill in the relevant information. Submitting DMCA has become convenient and relatively effective, which makes many sellers eager to take action when they encounter copyright infringement complaints. However, the premise of submitting DMCA must be: there is no infringement of other people's copyrights, and it is a spoof by competitors or Amazon's misjudgment. If you submit a DMCA in the case of actual infringement, once the other party sues or Amazon determines that it is a wrong use, there is a risk of blocking the account. It is recommended that you first fully evaluate whether there is infringement after receiving a copyright infringement complaint. Generally, Amazon's infringement emails will include information such as the rights of the other party that have been violated, the copyright number, and the contact information of the complaining party. Sellers can compare the other party's copyright information with their own listings to determine whether there is real infringement. If the copyright number or complaint content is not clear in the email, you can contact the other party to inquire. After checking and confirming that there is no infringement, choose to submit a DMCA. However, many sellers have reported that Amazon has not restored the link after submitting the DMCA. In this regard, you can consider submitting a reminder letter, or find a professional lawyer to assist, and ask the lawyer to mail a copy to Amazon at the same time as submitting it in the background, which can solve the problem faster and more effectively. |
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