The simple answer is, COMPLY with the DMCA Takedown Notice and remove the book from your store. And DO NOT file a Counter-Notice under any circumstances.
The long answer: We respect the intellectual property rights of others and take care to ensure that we abide by all intellectual property laws. As should you.
If you receive a Digital Millennium Copyright Act (DMCA) takedown notice, follow these steps:
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Click the link to view the products that Shopify will be removing. Copy the SKU and the Title of the products that are being removed. If you can, take a screenshot of the page where the original link from the email takes you. This is the list of the products Shopify is removing.
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Forward us the DMCA takedown notice with the SKU, Titles of the products that are the subject of the notice and the screenshot of the list of the products Shopify is removing to trademark@bookscloud.io so that we may remove the offending material from BooksCloud.
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DO NOT file a counter-notice. This opens you up to being sued in federal court, even if you have taken down the offending material.
If you did file a counter-notice for any reason, immediately reach out to Shopify via their help chat AND via their email: legal@shopify.com and ask them to withdraw the counter-notice. Provide the ticket ID that is on the bottom of the counter-notice and explain to them that the offending material will not be put up again. The reason to withdraw the counter-notice is to make it less likely that you will be sued by a intellectual property law firm.
As innocent as you are and may feel, there are intellectual property law firms that seek to scare people into settling for large amounts of money through the DMCA. This is the reason for their existence. The counter-notice opens you up to their threats of litigation. Simply comply with the DMCA notice and remove the offending books and DO NOT FILE A COUNTER-NOTICE.
We strive to make sure that every single book in our system is within copyright. Sometimes, bad actors use print on demand services to publish books that get automatically pushed into our system from our network of publishers.
We would simply block print on demand services, but the problem is that print on demand publishing is growing very quickly. Even to the point that the largest publishers in the world use print on demand publishing. It is a convenient way to take less risk printing a book that they do not know will do well, for them to hold less stock or to fill gaps in their stock. And we cannot know when a bad actor is putting copyrighted material up when they do not own the copyright. Usually, they don't even know.
So, the best we can do is remove the books, if they appear.
BooksCloud, and splitShops, Inc. may not be held responsible if you are sued for having content on your website that violates the DMCA. It is your responsibility to remove the content as soon as you are made aware of this content and to NOT file a counter-notice under any circumstances. If we receive a DMCA takedown notice ourselves or from any of the retailers using our service, we will comply immediately and delete the book(s) from our systems and delete the book(s) from every retailer's store using our app.