A pirate site disputed our notice. Now what?
Sometimes, after a page is removed from search, the site owner responds with a counter-notice. Here’s what that means and what to do next.
What a counter-notice is
The DMCA gives both sides a say. The rights holder files a notice, and Google removes the page from search. The page owner can disagree and respond with a counter-notice, claiming the content was removed by mistake or that they have the right to use it. The procedure is set out in section 512(g) of the law.
What it must contain
A counter-notice isn’t free-form. It’s only valid if it includes:
- the sender’s signature;
- identification of the removed material and where it appeared;
- a statement under penalty of perjury that it was removed by mistake;
- the sender’s name, address and phone number;
- consent to the jurisdiction of a US federal court.
Those last two items are the main reason pirate sites almost never use this procedure: they would have to reveal who they are and agree to be taken to court.
How much time you have
Google forwards a copy of the counter-notice to the rights holder. From then, you have 10 to 14 business days to let Google know you’ve filed a lawsuit. If you don’t, the page may be restored to search results.
What we do
When a counter-notice arrives, we:
- check whether the sender’s details look real: name, address, phone number;
- confirm again that the page contains your work, not a quote or a review;
- lay out your options: a notice to the hosting provider, negotiating with the site owner, or a lawsuit, for which we bring in a lawyer.
Keep your source files and proof of publication dates: project files, correspondence, contracts. If it comes to a dispute, they’re the first thing you’ll need.