Quote:
Originally Posted by twinvisible
These images are provided in the xml feed for affiliates so can they really get my pages delisted because of an ad tool that is offered from Chaturbate? This model had my /chaturbate/ directory flagged for delisting and not just her page.
|
If the DMCA is so broad as to cover the whole site/domain and not just the image in question then it is not valid and you should issue a counter notice.
If you believe that the use of the image constitutes fair use then you should also issue a DMCA counter notice.
DMCA is not a one way street, if you issue a DMCA counter notice then the content can remain and it's up to the rights holder to take the issue to court. Then a much higher standard applies with regard to evidence and the interpretation of the DMCA.
As for Chaturbate, if they provide an affiliate feed with images then it's implied that those images may be used by affiliates for the purpose of promoting Chaturbate, so that would constitute fair use.