DMCA Process

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This process kicks in once the user initiates the process as outlined at http://flippa.com/pdf/dmca_procedure.pdf

Scenario :

A Support Request is submitted via ZenDesk, with a DMCA form attached to the Support Request indicating that the contents of a Flippa listing is breaching the claimant's copyright or trademark.

Procedure :

Before taking any further action, the following details must be checked regarding the listing reported, and on the DMCA form that has been submitted :

* Check that the reported listing is still active. The DMCA process only applies to Flippa listings that are still active on Flippa.
If the listing has closed, contact the customer via ZenDesk to advise that the DMCA cannot be accepted due to the reported listing being closed.

* DMCA Form - Page 2 - check that the claimant has added their signature to the form ( claimant can sign the form, then scan the whole DMCA form and send to us via ZenDesk ).

* DMCA Form - Page 3 - check that the claimant has added the Flippa Listing URL where the copyright / trademark infringement is occurring ( e.g https://flippa.com/1234567 ), in the Location Of Copyright Material Residing on Carriage Service Provider's System section. If the claimant has added multiple URL's in this section, respond to them via ZenDesk advising that they must submit a single DMCA form for each active Flippa listing where copyright infringement has occured - multiple listings cannot be reported in a single form.

If any of this information is missing, respond to the claimant via the ZenDesk ticket requesting the form be resubmitted with the missing information added.

If the DMCA form is complete and without errors, the listing where the DMCA issue is occurring must be removed.

Locate the listing on Flippa, and select the Moderate Listing option in the Manage Listing menu.
Under Auction status, select ” Cancelled ”, and DO NOT tick the Cash Refund box. Tick the ” Remove Auction ” box, and add the following text
into the Reason for Removing field, type ” DMCA Received “

Press Save Changes - This will cancel the listing and remove the listing from public view.

In ZenDesk, the DMCA form attached to the initial Support request must be saved and stored locally to your computer, preferably on your desktop.
Open the DMCA form attached to the ZenDesk ticket, select File > Save page as , and save the filename in the format of ” DMCA_(listing ID of removed listing) ”.

Once the listing has been removed and the DMCA saved locally, respond to the claimant using the ” DMCA Response ( Claimant ) ” macro in ZenDesk,
adding the ID of the removed listing into the section that reads ;

” Flippa listing at https://flippa.com/auctions/ / has been cancelled as per DMCA notice. “

Macro will auto-set the Assignee, Category and Status - press Submit to close the ZenDesk ticket

The seller must now be contacted via ZenDesk to advise them that DMCA notice has been lodged in relation to their Flippa listing, which has been removed.

In ZenDesk, select the ” New ” button in the top-right corner of the screen to open a new ticket.
Under the ” Requester ” text field, click the ” or Add A New user ” link. Add the seller's email address into the Email field in the in-line /” New User ” box, then click Create. The email address can be obtained from the seller's User Admin page.

Under the Subject field, add the following text :

Removal of Flippa listing # (listing ID of listing removed by DMCA) - DMCA Notice “

Select Apply Macro > DMCA Notice to Seller - Listing Removed. Into the templated response, add the seller's Flippa username, and the listing ID of the listing removed by the DMCA, into the indicated fields. The DMCA notice must now be attached to the ZenDesk ticket. Select the Attach link in the bottom-right corner under the Description text box in ZenDesk. Browse for the DMCA form saved locally on your computer and select Open. The form will then be added to the ZenDesk ticket. Macro will auto-set the Assignee, Category and Status - press Submit to close the ZenDesk ticket

The DMCA form saved locally on your computer must be transferred into the shared DMCA Google Docs folder for historical records. ( Check with Luke to see if you have access to the shared Google Docs folder. In Google Docs, select the DMCA folder, the select Upload > Files. Browse for the DMCA form saved locally on your computer and select Open. The DMCA form will be saved into the shared Google Docs folder. Once added into the Google Docs folder, the DMCA form saved locally on your computer should be deleted.


Scenario :

Seller sends in a Support Request via ZenDesk, with a counter-DMCA form attached to the Support Request, indicating that they have the rights to offer
the contents of their Flippa listing for sale, which was removed from Flippa through submission of a DMCA form.

Procedure :

Before taking any further action, the following details must be checked on the counter-DMCA form that has been submitted :

* Page 2 - check that the seller has added their signature to the form ( seller can sign the form, then scan the whole counter-DMCA form and send to us via ZenDesk ).

* Page 3 - check that the seller has added the Flippa Listing URL where the copyright / trademark infringement was reported to have occurred, prior to being removed through the initial DMCA lodgement ( e.g https://flippa.com/1234567 ), in the Location Of Copyright Material Residing on Carriage Service Provider's System section.

If any of this information is missing, respond to the seller via the ZenDesk ticket requesting the form be resubmitted with the missing information added.

In ZenDesk, the counter-DMCA form attached to the Support request must be saved and stored locally to your computer, preferably on your desktop.
Open the counter-DMCA form attached to the ZenDesk ticket, select File > Save page as , and save the filename in the format of ” Counter_DMCA_(listing ID of removed listing) ”. Once the counter-DMCA is saved locally, respond to the seller using the ” Counter-DMCA Receipt Notification ( Response to Seller )” macro in ZenDesk, adding the website URL, the URL of the removed Flippa listing and the date of counter-DMCA submission, into the indicated fields in the ZenDesk macro. Macro will auto-set the Assignee, Category and Status - press Submit to close the ZenDesk ticket

The claimant must now be contacted via ZenDesk to advise them that counter-DMCA notice has been lodged, in relation to the removed Flippa listing.

In ZenDesk, select the ” New ” button in the top-right corner of the screen to open a new ticket.
Under the ” Requester ” text field, click the ” or Add A New user ” link. Add the claimant's email address into the Email field in the in-line /” New User ” box, then click Create. The email address can be obtained from the claimant's original ZenDesk ticket or from the DMCA form.

Under the Subject field, add the following text :

Removal of Flippa listing # (listing ID of listing removed by DMCA) - Receipt of Counter-DMCA Notice “

Select Apply Macro > Counter-DMCA Notification ( Claimant ). Into the templated response, adding the website URL, Flippa listing URL and Date of original DMCA submission, into the indicated fields. The Counter-DMCA notice must now be attached to the ZenDesk ticket. Select the Attach link in the bottom-right corner under the Description text box in ZenDesk. Browse for the counter-DMCA form saved locally on your computer and select Open. The form will then be added to the ZenDesk ticket. Macro will auto-set the Assignee, Category and Status - press Submit to close the ZenDesk ticket

The Counter-DMCA form saved locally on your computer must be transferred into the shared DMCA Google Docs folder for historical records. ( Check with Dave or Danny to see if you have access to the shared Google Docs folder. In Google Docs, select the DMCA folder, the select Upload > Files. Browse for the Counter-DMCA form saved locally on your computer and select Open. The DMCA form will be saved into the shared Google Docs folder. Once added into the Google Docs folder, the Counter - DMCA form saved locally on your computer can be deleted.


Scenario :

DMCA form is submitted reporting infringement on copyright / trademark within a Flippa listing, resulting in the removal of the listing. A counter-DMCA is lodged by the seller, indicating their rights to offer the contents of their Flippa listing for sale. 10 - 14 working days after the counter-DMCA form is lodged, no formal legal notification of a Court Order involving the 2 parties is received.

Procedure :

Legally, Flippa is required to reinstate a Flippa listing removed through a DMCA notice, if no formal legal notification of a Court Order involving the 2 parties is received. To reinstate the listing, locate the removed listing through ZenDesk or from the original DMCA notice in Google Docs / DMCA .
Select Moderate Listing from the Manage Listing menu, and select Open in the Auction Status section. You may also need to select the option to Restore Listing, so that the listing is visible to the public again. Select the Save Changes button, which will restore the listing.

When the cancelled listing is restored it will be restored in one of the 3 following states, with further options for the seller :

* Listing will continue for its remaining duration with previous bids intact
* Listing closed while in a cancelled status, and accepted bids did not reach the Reserve Price - seller can relist the unsold item for $9 USD.
* Listing closed while in a cancelled status, and accepted bids reached the Reserve Price, declaring the highest bidder as the winner - seller is required to complete the transaction with the highest bidder, regardless of the listing being cancelled through the DMCA process. if the buyer and seller agree to mutually canel the transaction, a Dispute can be lodged through the Sale Completion Area to have the unsold website relisted for sale.

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