Illegal Countering for DMCA

I come across stolen assets from time to time on the Roblox Platform. I take the assets down, because they are rightfully my IP, but the claimant counters it even if they KNOW it’s stolen. In this case, I DMCA’D someone’s UGC asset because it was violating my IP rights. They then contacted me and we talked about the issue. This person even admitted that this asset was stolen and still decided to file a counter notice. As a minor on the platform, it’s hard to do anything about this since you need to file a lawsuit to keep the claimant from using your assets. It is also very expensive and it’s just a lot of work to go to court over this. I’ve contacted the Copyright Agent a second time after initially taking down the stolen asset, which they accepted as well, but was later reinstated without notice to me (probably because the claimant proved that they had already countered the DMCA). I have since been able to do nothing about it and the claimant is getting paid for their uploaded UGC asset when people buy their item. This is unfair and I think Roblox should improve their reviewing system to make sure that everything is valid in the counter-notification. There is another post created just like this, but in my case, the claimant used (most likely) valid information, but still countered my DMCA illegally.

The claimant counters the DMCA by saying that the assets were textured and drawn by them. That wouldn’t be true since I uploaded the asset first and I’ve never had any contact with this guy ever?

The claimants email and phone number was redacted due to privacy concerns which doesn’t even make sense? I contacted the claimant originally and they just blocked me. When you send a counter-DMCA, you have to say you will accept service from the user who originally filed the DMCA. In this case, I couldn’t contact him any way. A house address and a Name is no way you can contact someone. And even if I sent a letter in the mail to claimant, it wouldn’t be there in time for them to reinstate the asset because I only have a 2 week period. This whole system just sucks.

I’ve blurred any information that identifies myself and the claimant due to privacy concerns, but the claimant is in red, I’m in black. The claimant clearly says they will take down the asset themselves after the period and then lies (not Roblox’s problem, but just adds to how bad this case is) and the asset is still up to this date.
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Claimant also states that they have made the asset and continues to counter-DMCA my initial report (Which means their counter is a lie).

I request that users who wish to respond to this post are not responding with harassment or is attacking OP. Follow the DevFourm Guidelines. (So, you shouldn’t be making comments on what UGC is being DMCA’D, or Countered, just because what it is.)

In response to all of this, I have filed an application to the United States Copyright Office to verify my asset legally (which is paid) so that maybe I can take this stolen asset down forever. I really hope an admin or Roblox Staff can even just respond and help me with this since Copyright Agents at Roblox are not helping what so ever.

Expected behavior

  • Roblox needs to better review the DMCA process and information included in Reports
  • Roblox needs to check and review both original asset and IP infringing asset completely and should know when assets are literally the EXACT same. (You can compare this in blender through the mesh statistics)
  • I shouldn’t need to go to court for something that is obviously stolen and the EXACT same as my original asset. (Instead the claimant should have to file a lawsuit under the circumstances that the models are the exact same.

A private message is associated with this bug report

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Just to let you know, it’s also illegal to file DMCA claims on items that were created by Roblox and not yourself, so it seems the illegal activity is from both parties here

The asset was created by my modeler. So Idk

If someone sends you a counter notice that you think doesn’t have true information, it’s up to you to do anything about it, not Roblox. It’s how the law works, nothing Roblox can do.

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You clearly didn’t read my post. I state that inaccurate information isn’t the problem here. It is error on the Copyright Agents at Roblox.

The copyright agents simply act as a mediator. They only check if the counter notice is valid and sent it to you. If it contains false information, it’s up to you to initiate the legal process, not Roblox. They have no business between you both.

In the case of the other post I linked, copyright agents actually did respond to false information.

The copyright agents only check if the counter notice is valid. By valid it refers to valid name, valid address, valid signature, perjury statement, etc. If everything is valid, they send it to you. They have no means to verify if the other party’s statement is true, that’s up to the court to decide.

Valid? You mean even if the information is false and knowningly false, but it’s still there, they are just supposed to accept it?

They have no means to verify if the explanation the other person gave is true or false. If it’s false it’s up to you to initiate the legal process, and it’s up to the court to decide if the statement is true or false. The copyright agents aren’t involved in this process, they just merely check if DMCA notices and counter-notices have valid information. It doesn’t have to be true to be approved.

I mean if they accept it and the information isn’t true, you can’t really file a lawsuit against a random person. That risks legal action for filing a false report and Roblox should take stronger measures to verify information.

This exact same situation happened to me. A user stole my shirt, which literally had my watermark and I proved that to ROBLOX’s copyright agents. They also went to my YouTube channel to tell me “someone stole my shirt on ROBLOX” (this comment was later deleted by the commenter, after it all died down). It was stolen by a clear throwaway account, no followers, not following anyone, 1 friend. They even admitted it to me that they stole it, claiming they’d steal more (they admitted this via their profile bio which was how they communicated to me even though I accepted their friend request but they never wanted to chat, they did steal more though - 2 times afterwards). All of this was proven to ROBLOX and they completely ignored me after a few responses of them stating they couldn’t do anything after accepting their counter notice and that I would have to sue them. How do I sue someone who doesn’t exist and I’ve proved they don’t exist, who am I serving the lawsuit to?! A second account from the same user (again, no followers - no friends - no following, admitted they were an alt) also was stealing my works, the account was literally called “I got you twice”. The main (first) thief account is now terminated about a year later (nothing to do with me or this situation, no clue why they’re terminated) but the second one is still there till this day. These accounts were talking to me via their profile descriptions because they knew I’d be watching. They also threatened to dox me as ROBLOX provided them with my private information…AND I WAS A MINOR!!! Proof of that was also sent to ROBLOX and was also ignored, as you could imagine - I was scared (I eventually got braver and didn’t care about their threats). One of the false counter notices literally claimed that it was a counter notice against a group that (after searching them) was a locked/terminated group…not my group? When that was proven to ROBLOX, they STILL did nothing and ignored me. The addresses given were restaurants and the phone numbers even matched the restaurants’ phone numbers, which only took a quick Google search to see. That was also sent to ROBLOX with screenshots. Only once my friend stepped in on their account and threatened them with a subpoena and told them to search it up that they then eventually left me alone. The deleted account’s shirt is still on sale till this day, but the other account’s 2 stolen shirts are off sale (ever since they were reinstated). Also, this all happened about a year ago, though only about 15 days ago (current day) was my friend’s account suspended for her bio for “bullying”, which she was using to contact these thieving accounts to tell them about a subpoena since that’s how they were contacting me. When I Googled my issue, there was another case of this exact same issue and the exact same Copyright Agent that dealt with me with the exact same name was dealing with that user. You’re not alone in this.

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Wow, that situation is crazy, I hope Roblox really does improve this process and reviewing of it.

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