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 “licensed 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 Improvement for Native Map Co, a South Carolina website positioning and advertising and marketing company.
As per Native Map Co.’s filed DMCA notices, Bailey claims BehindMLM’s protection of Root Wellness contains
unauthorized use and infringement of our model’s mental property rights, which incorporates however will not 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 expenses for $844,706 on June ninth. Native Map Co’s DMCA notices have been filed on June fifteenth.
You possibly can put two and two collectively.
I don’t know why however Don Bailey seems to have filed the identical DMCA take-down request 3 times.
In any occasion, beneath 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 honest use in United States copyright regulation embrace commentary, serps, 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 regulation is well-established with regards to information reporting and opinions, which the above cited BehindMLM articles are clearly examples of.
US courts have upheld that DMCA notices issued with out consideration of honest use are despatched in unhealthy religion.
Beneath 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 unfavorable website positioning spam marketing campaign towards BehindMLM in July 2022.
Like with the current bogus DMCA notices, the intent was to suppress BehindMLM’s reporting of Root Wellness.
Between this nonsense and the current bogus DMCA notices, as per BehindMLM’s DMCA Coverage we’ve added Root Wellness to our DMCA Wall of Disgrace.