应对DMCA恶意投诉，跨境电商卖家必知的解决方法
近期，大卖封号、倒闭、裁员的消息频传，小卖家之间利用版权DMCA恶意投诉竞争对手的现象也日益增多。
什么是DMCA？
DMCA即数字千年版权法案（Digital Millennium Copyright Act），允许权利人要求线上服务提供商在接到版权所有者或其代理人涉嫌侵权的通知（即“DMCA通知”）后，迅速删除不当内容以免除版权侵权责任。
收到恶意DMCA投诉怎么办？
以下是处理步骤：
- 与投诉方联系，要求提供版权所有权证明或授权证明。若对方为版权所有者或已授权，可协商解决方案；
- 若对方无法提供相关证明且拒绝撤销投诉，则可通过DMCA反通知流程向亚马逊申诉。
DMCA反通知模板
第一段：列出被投诉的Listing并填写个人信息。
Dear Amazon:
This letter is a formal response to your notification of a complaint received about one of my listings on Amazon.com. The listing page for the following ASIN was removed by Amazon because of this complaint:
Removed ASIN:
Title:
Infringement type:
Complaint ID:
Complainant:
Email:
第二段：根据实际情况选择A或B段。
A段：The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.
B段：The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights.
第三段：指出投诉不符合DMCA规定形式。
The complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has failed to:
- Provide a complaint in written form. [17 USC 512(c)(3)(A)]
- Include a physical or electronic signature of the complainant. [17 USC 512(c)(3)(A)(i)]
- Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii)]
- Provide the URLs for the specific files on my web site that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]
- Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)]
- Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)]
- Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]
第四段：声明同意接受司法管辖区管辖。
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
I ask that Amazon, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).
My name, address, and telephone number are:
Name: 填写法人名字
Address: 填写联系地址
Phone: 填写联系电话
I hereby consent to the jurisdiction of Federal District of the United States of America. I agree to accept service of process from the complainant or an agent of such person.
Best regards,
(签字) 打印手写签字法人的拼音
最后将文件扫描并转换成PDF文档，发送至亚马逊邮箱 counter-notice@amazon.com，邮件标题为 DMCA Counter Notice to Complaint ID[输入投诉ID]。
小贴士：
模板需根据实际情况修改，注意言简意赅，避免使用模糊词语。若亚马逊迟迟未恢复链接，可发催告信提醒。
Dear Amazon,
It has been more than 10 business days since our DMCA counter notice has been accepted by the counter-notice team as a valid and official legal statement.
Removed ASIN:
The complainant has not filed a lawsuit within the required time frame or responded to the counter-notice.
Therefore, in accordance with the DMCA, we request the reinstatement of the following Amazon listings:
Sincerely,
