Dealing With Nuisance Abuse Complaints
This week, I've been wrong about (at least) two things, believing that:
* I was done with the Copytrack stuff: I sent them proof of license and subsequently audited my image use to ensure they'd never have any excuse to darken my virtual doorway again.
* I could have a lazy Friday afternoon: I had a day off and intended to doze in front of Four in a bed.
Unfortunately, I was wrong on both counts.
Not long after I had settled down to watch people complain about the quality of sausages, my phone went "bing", indicating the arrival of an email (soon followed by another).
It seems that Copytrack's customer had decided to start filing abuse reports with various service providers, insisting that they either take down my Copytrack blog post or _suspend my service entirely_.
I imagine that there's an opportunity here for others to learn from my experiences, so this post takes a look at those complaints.
As you might imagine, though, I _am_ going to choose my words a bit more carefully than normal.
* * *
#### Oh, Do Fuck Off
This isn't the first legal threat that I've had to deal with in my time scrawling on the interwebs, so intimidation really wasn't on the cards.
I choose my service providers quite carefully, looking to use those that are competent rather than focusing solely on things like price. That's done more with service quality in mind than abuse report handling, but oddly enough, providers that invest in service quality also tend to have good customer facing teams.
But still... of all days, this just **had** to happen on what was supposed to be a relatively restful and stress-free day...
* * *
#### Contents
* Oh, Do Fuck Off
* Contents
* The Complaint
* Claim 1: The Content Is Defamatory
* Statement Of Fact
* Is It Defamatory?
* Claim 2: It Violates GDPR
* Legal Basis For Processing
* Right To Be Forgotten
* Rights To Object
* Claim 3: It violates the Acceptable Use Policy
* Follow Up Claim: Give Me His Info
* TL:DR Summary
* Received A Complaint? What To Do
* Conclusion
* * *
### The Complaint
I'm not going to publish the originator's details here: inclusion of them would serve no material purpose and I don't _really_ want to give them a second URL to try and complain about. Instead, I'll simply refer to them as the complainant.
When an abuse complaint is received, most service providers will send you a copy (for obvious reasons, it's sometimes redacted to strip the originator's details) and ask you to respond within a specific time-frame.
Let's walk through the complaint email, which starts by providing an overview:
> To the Legal Department,
>
> I am contacting you in my capacity as the legal representative of REDACTED, a French audiovisual production company headquartered at REDACTED
>
> This is to formally notify you of defamatory and unlawful content hosted on your infrastructure, accessible at the following URL: https://www.bentasker.co.uk/posts/blog/general/copytrack-sent-me-a-copyright-claim.html
>
> This article references REDACTED, in the context of a copyright enforcement case managed by COPYTRACK, a company with whom we are legally and professionally affiliated.
The email then moves onto giving a more detailed description of the grounds for their complaint (we'll examine each of these in more depth shortly):
> 1. **Defamation and Reputational Damage** : The article portrays our company as engaging in “copyright trolling” practices and uses derogatory language that undermines the legitimacy of our copyright enforcement efforts. These statements are entirely unfounded and constitute defamation under the UK Defamation Act 2013, resulting in reputational and financial harm to our business.
>
> 2. **Breach of UK GDPR / Data Protection Law** : The article discloses identifiable information about our company and myself, in a hostile and non-journalistic context, without consent. This violates the UK GDPR, specifically Article 6 (Lawfulness of Processing) and Article 17 (Right to Erasure).
>
> 3. **Violation of PlutoDNS Acceptable Use Policy** : Your published terms (https://plutodns.com/terms.html) prohibit the transmission or storage of content that is defamatory, illegal, or infringes the rights of third parties. The content in question clearly falls within these prohibited categories.
>
>
Item three contains a pretty major mistake: PlutoDNS are **not** the provider that the complaint was sent to. In fact, I'd never even heard of them until now and they don't appear to be in any way affiliated with any of my service providers.
It's quite an odd mistake to make.
The best that I can conclude is that either the complainant was raising complaints about multiple people with multiple providers, or they've been using something like ChatGPT and not properly checking the output.
Anyway, the mail then moves on to requesting that the service provider complete specific actions:
> In accordance with your obligations as a hosting provider under UK law and the retained EU e-Commerce Directive (2000/31/EC), I formally request that you:
>
> 1. Remove or disable access to the infringing page mentioned above.
>
> 2. If moderation is not feasible, suspend or terminate the account responsible for hosting the domain bentasker.co.uk, due to repeated violations of your Acceptable Use Policy.
>
>
There's also a small mistake here, in that none of the providers that complaints were sent to provide me with hosting services.
This might sound like semantics, but it matters because the obligations (and exemptions) imposed by the E-Commerce directive vary depending on the nature of the provider:
* A hosting provider may themselves become liable if they do not remove/disable once relevant content is reported to them.
* A caching provider (e.g. a CDN), though, is exempted until they become aware that the upstream hosting provider has removed/disabled (or they receive a court order etc).
* Providers acting as a mere conduit (for example, a connectivity provider) will almost never become liable.
Obviously, the complainant has no way to know whether a CDN provider might also be acting as a hosting provider, but that's not the case here.
It's inclusion in a complaint mail is also, somewhat unnecessary: providers are very aware of their responsibilities and duties and 2000/31/EC is not in-and-of-itself grounds for a takedown. Mentioning it feels more like a threat that you could try and come after them if they don't accede to your demands.
The demand to terminate my account on the basis of "repeated violations of your Acceptable Use Policy" is also mildly interesting, in that the complainant is only actually alleging one occurrence.
The complaint email then closes out with a set of links labelled as references and a request that the provider respond within 7 days:
> REFERENCES
>
> Infringing content: https://www.bentasker.co.uk/posts/blog/general/copytrack-sent-me-a-copyright-claim.html
>
> PlutoDNS Terms of Service: https://plutodns.com/terms.html
>
> Our company website: REDACTED
>
> UK ICO: https://ico.org.uk
>
> CNIL (France): https://www.cnil.fr
>
> We kindly request written confirmation of the actions taken within 7 working days. Failure to act may result in escalation to the appropriate legal and regulatory authorities in both the UK and the EU.
I'm not _quite_ sure what purpose the links to the homepages of the UK and French data protection authorities are actually supposed to serve - again, this feels a bit GPTesque to me.
Anyway, moving on, let's take a closer look at each of the claims made.
* * *
#### Claim 1: The Content Is Defamatory
> 1. **Defamation and Reputational Damage** : The article portrays our company as engaging in “copyright trolling” practices and uses derogatory language that undermines the legitimacy of our copyright enforcement efforts. These statements are entirely unfounded and constitute defamation under the UK Defamation Act 2013, resulting in reputational and financial harm to our business.
>
##### Statement Of Fact
The post being referenced was originally about a different company: Copytrack.
In the original version of the post, the complainant's company was mentioned in passing, noting that
* Copytrack claimed to be acting on their behalf
* The complainant's company was not listed as the author on stock photo sites
* I had been unable to find any evidence suggesting a link between the complainants company and the image that Copytrack had contacted me about
Ten days later, an update to the post referenced the complainants company some more.
This update was made because Copytrack provided documentation indicating their right to act on behalf of the complainant (who in turn had signed a Copytrack provided document stating that they hold the rights to the image).
The complainants name appeared because it featured prominently on both of these documents - documents that, in the unlikely event that the dispute proceeded to court, would also enter the public record.
Given the concerns raised, on sites across the web, of Copytrack seemingly being (mis)used by copyright trolls, the post goes on to perform some basic due diligence checks on the complainant's company, noting that:
* They do appear to be a real (and long standing) business
* Their website states that they work with Copytrack
* The name on the document does appear to be a real person, at that company
The post goes on to note that the company's Trustpilot page carries an interesting statement (translated from French):
> VERY IMPORTANT | LEGAL STATEMENT | Protection of Intellectual Property `COMPANY` would like to remind you that any infringement of intellectual property, including the unauthorized use of our visual, audiovisual, or textual content, constitutes an offense punishable by civil and criminal prosecution, in accordance with applicable national and international laws.
>
> We reserve the right to take any necessary legal action against individuals or legal entities who have published defamatory or false opinions or who have exploited our works without prior authorization.
>
> Furthermore, any attempt at public defamation or publication of misleading content aimed at harming our reputation may be reported to the relevant platforms as well as to the competent authorities in the author's country of residence.
It also notes that the same Trustpilot page carries Copytrack related reviews and quotes a relevant excerpt from one of them.
> We have been an Elements member for nearly 5 years and support a lot of small creators, but shady tactics from this company are now making us consider even using stock images going forward.
>
> They are wasting a lot of our time with aggressive copyright claims for images - and unrealistic threatening demands for hundreds of pounds required in compensation.
From there, my post
* References a post by another blogger which claims to have made contact with the author of their photo, who denied any knowledge of the complainant or his company
* Notes that there are reviews mentioning the complainant on Copytrack's Trustpilot page too, giving an example
The final paragraphs of that section note that it's not possible to definitively say that the complainant is acting in bad faith and, in fact, goes so far as to suggest alternative possibilities:
> In fairness, there's no way to definitively say whether Copytrack's customer is acting in bad faith - they could as easily be someone who doesn't understand how Copytrack works, or someone who's bought the rights (or believes they have) from some other org.
##### Is It Defamatory?
The abuse complaint specifically references the UK Defamation Act 2013.
UK defamation law is known to be a bit of a minefield, but the law provides for a number of defences, including Truth and Honest Opinion.
**Truth**: if the complainant does not, in fact, own the rights to the image in question, any imputation in my post of them being a copyright troll would, in fact be true and not defamatory.
To date, I've not put much effort into tracking down the original author to check with them, but it shouldn't be necessary: Copytrack provided a signed statement from the complainant stating that they had acquired rights to the image via a licensing agreement with the original author.
The complainant should therefore be able to clarify the nature (and/or existence) of this agreement (in fact, section 10.2 of Copytrack's enforcement terms require that their customers be able to do so, on demand, something that Copytrack didn't appear to do when I requested proof).
**Honest Opinion**: The main thrust of the article is **not** that the complainant is a copyright troll - it's focus is around the idea that Copytrack's mode of operation (and an apparent lack of due diligence) appears to enable (and even encourage) copyright trolling.
The complainant's company was **not** randomly selected or presented as an example of this. They appear in the post _because_ they are the originator of the claim that Copytrack sent to me.
Where the post does make reference to the rightfulness of this claim, it is quite clearly expressed in an opinionated manner:
> Although it was still not clear that the claim is legitimate, I was fed up of having Copytrack in my inbox (with their ever present instructions on how to pay), so emailed over the uncropped screenshot that they'd asked for.
It seems unlikely that the content of my post could be construed as being particularly defamatory about the complainant and their business:
* That Copytrack said they were acting on behalf of the complainant is factual
* That the complainant uses Copytrack is factual and documented, both on their own site **and** in the complaints that they sent to my service providers
* Although the post suggests that Copytrack's communication style is reminiscent of copyright trolls, any suggestion that the complainant might be a troll is clearly caveated and never stated as fact
* * *
#### Claim 2: It Violates GDPR
The second claim in the complaint email stated that my post violates GDPR:
> 1. **Breach of UK GDPR / Data Protection Law** : The article discloses identifiable information about our company and myself, in a hostile and non-journalistic context, without consent. This violates the UK GDPR, specifically Article 6 (Lawfulness of Processing) and Article 17 (Right to Erasure).
>
Let's walk through this one bit by bit (The UK's implementation of GDPR is in the Data Protection Act 2018, but for consistency's sake I'll refer to it simply as GDPR):
> 1. Breach of UK GDPR / Data Protection Law: The article discloses identifiable information about our company
>
GDPR defines rules relating to the protection of data about "natural persons".
A company is **not** a natural person, and so processing of company data is not subject to GDPR (though, of course, processing of data about individuals within the company may be).
There's no need to take my word for it, because the European Commision even has a page on it (for the record, the complainant's company does not appear to be a single person company - their website lists 5 people).
> and myself,
As noted in the Commission link above, GDPR _does_ apply to personal data relating to people in the course of a professional activity. This is not particularly surprising, given that that would otherwise be a **huge** loophole.
So, let's look at what information the post shared about the complainant specifically:
* Their name: this featured prominently on documents provided by Copytrack and was also referenced in the article body
* A link to the complainants public profile on their company website
It's worth noting that there was also some redacted personal data: the Copytrack documents included the complainant's business address (which might, of course also prove to be the complainants home). At no point was this information published unredacted (although, for the record, it appears that the same details _are_ published on the complainant's own site).
I didn't seek those address details out: Copytrack sent them to me (and in fact, for other reasons, my 2025-05-10 update actually noted that I believed Copytrack's systems might not be safely handling EU user's data).
So, the published personal data is a name: one which (demonstrably) appears in a number of locations around the web (though this, of course, is not a defence under GDPR) and is easily discoverable by searching the complainants company name.
Given the wide availability of this information, the risk of harm is likely to be very low.
> in a hostile and non-journalistic context,
The term "hostile" can be quite loaded - some use it as an extremely strong term, others simply mean a less than friendly environment. It's inclusion here, though, doesn't seem _particularly_ pertinent to the application of GDPR.
On the face of it, the reference to a non-journalistic context might also seem irrelevant, but has likely been included because the Data Protection Act 2018 includes exemptions for
* The purposes of journalism
* Academic purposes
* Artistic purposes
* Literary purposes
It doesn't seem worth going into too much depth assessing whether any of these might apply here, given that there are other aspects of the claim which may obviate the need to do so.
Instead, lets move onto the real bones of the GDPR claim:
##### Legal Basis For Processing
> without consent. This violates the UK GDPR, specifically Article 6 (Lawfulness of Processing)
This part of the complaint echoes a common misconception that consent is the only lawful basis under which GDPR allows personal data to be processed.
In reality, though, consent is one of six:
> a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
>
> b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
>
> c) processing is necessary for compliance with a legal obligation to which the controller is subject;
>
> d) processing is necessary in order to protect the vital interests of the data subject or of another natural person;
>
> e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
>
> f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
There's very little processing of personal data performed for the purposes of running my blog, but almost all is performed under the basis of Legitimate Interests.
My Privacy Policy also clearly explains that I may sometimes share or publish information:
It could, perhaps, also be argued that this processing could occur under the basis of being in the public interest: adding to the communal body of work (i.e. comments and posts) warning about concerns with some of the financial demands being made, by a company (Copytrack) seemingly associated with problematic claims and indiscriminate working methods, in the name of the complainant and others.
One noteworthy aspect of processing under Legitimate Interests, though, is that it does give the data subject the right to object to that processing.
So the complainant _could_ have contacted me and asked that I (re)assess whether my interests in the inclusion of that data were sufficient to override their rights. Within a month of that request, I would need to perform a new Legitimate Interests Assessment (LIA) and then act upon the result.
Instead, they opted to file (quite poorly substantiated) complaints with my service providers. This does not _remove_ their right to object, but it does imply that they may be trying to make a point/example (by getting service suspended) rather than actually trying to exercise their GDPR rights.
We're still not quite done with the GDPR claim though, because the email continues.
##### Right To Be Forgotten
> and Article 17 (Right to Erasure).
Article 17 of the GDPR is sometimes known as the "right to be forgotten".
It gives data subjects the right to request erasure of data where one of the following applies:
> a) The data is no longer required for it's original purpose
>
> b) the data subject withdraws consent where processing was on the basis of consent **and** no other lawful basis applies
>
> c) The data subject objects to the processing **and** there are no overriding legitimate interests
>
> d) The data has been processed unlawfully
>
> e) The data must be erased to comply with a legal obligation
>
> f) The data was collected in relation to the offer of information societies in Article 8
The most important thing to understand here, though, is that it places a duty on the **Data Controller** (in this case, me). Outside of a court order, Article 17 is of bugger all relevance to intermediate service providers and is not something which would or should cause someone like a CDN or DNS provider to suspend services.
Ignoring that, though, the right to erasure is **not** absolute and Article 17 provides exemptions where processing is necessary:
* for exercising the right of freedom and expression
* for compliance with a legal obligation
* for reasons of public interest in the area of public health
* for archiving in the public interest, scientific or historical research (but only if erasure would mean it cannot be achieved)
Running a **personal** blog should fall, quite squarely into that first exemption. But, as above, it's all rather moot because Article 17 requires that the complainant make a request to the controller (me) rather than invoking references to it in complaints to random service providers.
##### Rights To Object
Instead of attempting to have a third party interrupt my service, the complainant had two valid routes to request that I re-assess the inclusion of their name in my post:
* The right to object to processing under Legitimate Interests
* The Article 17 right to request erasure
Despite specifically referencing GDPR in their complaint email, the complainant has not chosen to exercise either of these rights.
Splitting hairs a little, it could also be argued that the phrasing used in the complaint emails is problematic. GDPR provides data subjects with various rights, however the complainant clearly expresses that they are communicating on behalf of their company (which has no GDPR rights):
> I am contacting you in my capacity as the legal representative of REDACTED, a French audiovisual production company headquartered at REDACTED
None-the-less, having become aware that the complainant has objections, I have proactively completed a Legitimate Interest Assessment to balance their rights against my interests.
* * *
#### Claim 3: It violates the Acceptable Use Policy
Here, I'll be generous and ignore that the complainant is referencing the acceptable use policy of an **entirely unrelated and unassociated company**.
> 1. **Violation of PlutoDNS Acceptable Use Policy** : Your published terms (https://plutodns.com/terms.html) prohibit the transmission or storage of content that is defamatory, illegal, or infringes the rights of third parties. The content in question clearly falls within these prohibited categories.
>
What I have to be less generous about, though, is the apparent mischaracterisation of that company's terms, which don't actually make any reference to defamation or to content which "infringes the rights of third parties".
It doesn't seem to be that the author mistakenly inserted the wrong link because searching PlutoDNS's site doesn't reveal any other relevant policies.
The most likely explanation seems to be that the complainant is lawyering-by-GPT: asking an LLM to summarise the page and not noticing hallucinated portions of the response.
If we look, instead, at my CDN provider's AUP we can see that it covers a range of things:
* Material protected by copyright, trademark, trade secret or other IP rights (and without proper authorisation)
* Material that is obscene, defamatory, constitutes an illegal threat or violates export control laws
* Illegal material (CSAM, malware, scams etc)
What this tells us is that, in order to compel a takedown, the complainant would need to adequately demonstrate that the post is defamatory.
* * *
### Follow Up Claim: Give Me His Info
Unfortunately, this was not some fire-and-forget attempt: when providers processed my dispute and closed the claim, the complainant attempted to argue against it.
I'm (obviously) not privy to the full communications, but I understand that the complainant tried to insist that the service providers release details about me, requesting
* Records relating to any agreements that we may have (even if indirectly)
* Confirmation of the types of service provided (DNS, email, hosting etc).
In support of this request, they referenced GDPR Article 15 (Right of access by the data subject).
This claim is **absolute bollocks** : In the context of data about **me** , the data subject is **me** and not the complainant.
I've noted a few times above that I thought the complainant might be using ChatGPT (or some other LLM) and, for me, this rather cements that. I'm just not sure that I can be convinced that anyone could independently believe that Article 15 of the GDPR provides each of us the right to run around demanding information about _other data subjects_.
If true, it really would be quite ironic that someone so apparently invested in copyright enforcement is relying on a system who's creators claim is only possible by ignoring copyright.
The information that the complainant wanted would only generally be released to a third party in response to a court order. Even then, it's not quite clear what bearing information about things like who provides my email would have.
* * *
### TL:DR Summary
I've written quite a lot in this post, so to summarise my response for each of the claims:
* **Defamation** : The post is unlikely to be considered defamatory, the sections of the post relating to the complainant are either factual or quite clearly stated as opinion. The post even offers viable alternative explanations. Any mention of copyright trolling is in reference to the way in which Copytrack operates or is offered as commentary on reports of similar issues elsewhere on the web.
* **GDPR** : The complainant's name **is** used (and covered by GDPR), however this is performed under a valid lawful basis and (given that the complainant's name is publicly documented, including on their own company website) the risk of harm is assessed as low. The remainder of the complainant's GDPR claims are invalid, as they either misunderstand the principles of GDPR (which applies to the personal data of natural persons, not companies) or misunderstand the applicability of parts of it (such as Articles 15 and 17). In any case, complaints would need to be filed with the data controller (me) or a supervisory authority (the ICO) and not an intermediate service provider.
* **Acceptable Use Policy Violations** : Under my various providers AUP's, the complainant would need to demonstrate that the blog post is defamatory or otherwise illegal. They do not appear to be able to do so.
* * *
### Received A Complaint? What To Do
This seems like a good point to talk about what you should do if you've received notification of an abuse complaint.
First, **breathe** : service providers don't generally take action immediately - you'll often have at least a day to respond.
Once you've calmed yourself:
1. If your service provider provides the means to do so, acknowledge that you've received the report and are looking into it
2. Sit and re-read both the content and the complaint
3. Try to identify whether there are any possible grounds to the claim: perhaps you wrote something which can be read in a different light? Are you publishing something questionable that someone else said unnecessarily?
4. If you conclude that it's appropriate, make changes to (or remove) the content, but keep a note of exactly what you've changed (I track changes in git, but if you're running Wordpress, something like the Simple History plugin can do this for you).
Once you're ready, respond to your service provider, but keep it brief - they don't need to know minutiae, nor do they need to hear how unfair it is. All that they need is the information necessary to be able to quickly assess whether you (or they) need to do more.
For all that I've written here, what I actually sent to most service providers was along the lines of:
> The grounds for the complaint are invalid.
>
> The content being complained about is not defamatory (it's factual) and is not in violation of GDPR (which applies to information about individuals, not publicly accessible details about companies).
>
> Please close the abuse case - FYI the same individual has made complaints to some of my other providers too.
Your provider will also have reviewed the content, and if they need more information, they'll generally reply and ask for it.
If you believe that this is part of a campaign and that complaints may also be sent to other service providers, it's worth contacting their abuse teams to give them a heads up. They can't simply ignore complaints and will still need to follow their policies, but getting ahead of the curve will help empower them to resolve the complaints quickly.
Finally, don't be like me: you _probably_ shouldn't blog about it. It might be tempting to rant and rave (or wose, gloat) but, if further action is subsequently taken, your lawyer may well observe that you've made your own life harder.
* * *
### Conclusion
Receiving notification of an abuse complaint can be quite stressful: is a provider going to over-react and turn everything off on the say-so of a somewhat dubious claim?
The answer to that is almost always "no". If a provider _does_ turn things off without giving you adequate time to respond, you should probably consider that a good sign of a bad service provider. Nuisance reports, by all accounts, are not uncommon and good providers invest in teams able to handle them.
Once you've received a report, you need to move relatively quickly but without panicking: assess the details of the complaint against the content being complained of - can it reasonably be construed in the described way?
Be aware that, in some cases (like mine), the complainant may also include claims which don't stand up to scrutiny.
In a world full of genAI originated inaccuracies, you should also check that everything the complaint says is actually accurate (a **good** provider should also be checking this, but LLMs include such foundational mistakes that they can be easy to miss).
By extension, **never ever use ChatGPT (or Copilot, Gemini etc) to respond** , LLM's are incredibly unreliable sources, prone to just making shit up and you **need** to be sure that you'll be able to stand by anything that you've sent in response.
Having gathered the facts, send your service provider a brief overview of your findings - if there's no apparent issue, state why. If there was an issue, state how you've addressed it, etc. A good provider will (almost always) want to work with you to resolve things if they feel that you need to do more.
Unfortunately, if you're writing critically about things that involve other people, however careful you are, you _will_ sometimes attract complaints and nuisance reports. They're not the end of the world, but you do need to be willing to address them as objectively as possible.