When Starflow receives a DMCA takedown notice we check for two things:
- Is the notice valid?
- Is the notice silly?
The first check is to make sure that it complies with the requirements of the DMCA and that the information appears to be correct, such as that the person sending the notice is actually authorized to send it.
The second check is to make sure that the alleged infringement passes the common sense test. We don’t stop all potentially silly claims here, because we are held liable if we refuse to take content down, but we try our best to make sure that silly claims don’t harm creators.
If you receive a notice then we have already gone through this review and determined that it is at least a valid claim and probably isn’t completely silly.
At this point you have 48 hours from when we emailed you until we remove the content or your page to comply with the DMCA.
If you wish to dispute this DMCA takedown then you can send us a valid counter-notice. If you do this we will forward it to the original sender of the takedown notice. If the original sender wishes to keep your content removed then the next step for them is to sue in federal court. We strongly advise that you speak with an attorney before taking this step. We can refer you to an attorney with a guaranteed flat rate of $350 for an initial review.
To send a counter-notice we suggest you follow this template:
- Your personal information:-Your name-Your address-Your telephone number
- In your own words identify the content that was removed and include the URL of your page. If the content was located somewhere other than your creator home page, then please specify where it was located.
- This statement:“Under penalty of perjury I have a good faith belief that the material was removed as a result of mistake or misidentification. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located. If my address is outside of the United States, I consent to the jurisdiction of for any judicial district in which Starflow may be found. I will accept service of process from the person who sent the original takedown notice, or an agent of that person.”
- Your physical or electronic signature.
Please note that if we receive multiple DMCA notices for your page that we may ban you from using Starflow as part of our repeat infringer policy. Any notices you send a counter-notice for will not be counted against you in our repeat infringer policy.