Q: DMCA counter-notice on Amazon, What sort of service did I agree to?
I'm a brand owner, selling on Amazon. I recently filed a DMCA counter notice in the Amazon "Seller Central" system. I didn't think to get a screenshot at the time. From searching around I see what seems to be the standard DMCA counter-notice text. It includes "...and that the subscriber will accept service of process from the person who provided notification."
Did I most likely just agree to the standard methods of service of process?
Someone mentioned to me that I should check that I didn't agree to service by electronic means, whether from Amazon or the plaintiff's attorney by email, etc. I thought that was worth asking, and I haven't found any information about that through some searching. Any clarification or other thoughts would be much appreciated. Thank you.
A: I'm not sure what's happening here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A:
When you filed the DMCA counter-notice in the Amazon "Seller Central" system, by agreeing to accept service of process from the person who provided notification, you likely agreed to the standard methods of service of process, which typically include physical delivery or mail. It is essential to carefully review the terms of the counter-notice you submitted to ascertain the agreed-upon methods of service. If you did not explicitly agree to service by electronic means, then you are not bound by such means of service, whether from Amazon or the plaintiff's attorney by email or other electronic methods.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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