Following a number of makes an attempt to suppress reporting, the newest of which is a collection of bogus DMCA take-down notices, Root Wellness has been added to BehindMLM’s DMCA Wall of Disgrace.
On June fifteenth Don Bailey, appearing as an “approved consultant of Root Wellness LLC, Clayton Thomas and Christina Rahm, filed a collection of bogus DMCA takedown notices.
On LinkedIn Bailey cites himself as Director of Enterprise Growth for Native Map Co, a South Carolina search engine marketing and advertising company.
As per Native Map Co.’s filed DMCA notices, Bailey claims BehindMLM’s protection of Root Wellness consists of
unauthorized use and infringement of our model’s mental property rights, which incorporates however shouldn’t be restricted to our emblems, copyrighted materials, and the likeness of our manufacturers/individuals.
Cited BehindMLM URLs in Native Map Co’s DMCA discover are:
Thomas settled the SEC’s alleged fraud fees for $844,706 on June ninth. Native Map Co’s DMCA notices have been filed on June fifteenth.
You may put two and two collectively.
I don’t know why however Don Bailey seems to have filed the identical DMCA take-down request thrice.
In any occasion, underneath Truthful Use BehindMLM doesn’t require permission from Root Wellness, Clayton Thomas or Christina Rahm to make use of “emblems, copyrighted materials, and the likeness of … manufacturers/individuals”.
Examples of truthful use in United States copyright legislation embody commentary, search engines like google and yahoo, criticism, parody, information reporting, analysis, and scholarship.
Truthful use gives for the authorized, unlicensed quotation or incorporation of copyrighted materials in one other writer’s work.
This space of US copyright legislation is well-established in terms of information reporting and critiques, which the above cited BehindMLM articles are clearly examples of.
US courts have upheld that DMCA notices issued with out consideration of truthful use are despatched in dangerous religion.
Underneath the Digital Millennium Copyright Act, this constitutes perjury and leaves the filer open to being sued for damages.
Along with DMCA abuse, Root Wellness engaged in a damaging search engine marketing spam marketing campaign in opposition to BehindMLM in July 2022.
Like with the latest bogus DMCA notices, the intent was to suppress BehindMLM’s reporting of Root Wellness.
Between this nonsense and the latest bogus DMCA notices, as per BehindMLM’s DMCA Coverage we’ve added Root Wellness to our DMCA Wall of Disgrace.
