This can happen to any web site that allows user generated content. Yes, that's true that it can happen just as almost anything can happen. But to act as if this comes as a surprise for which such a company should not be prepared is either ill-informed or disingenuous, and somewhat unbelievable in light of all the publicity around DMCA law recently. A company like Jotform, or any company hosting user-generated content (not just to pick on Jotform), can do a lot to help prevent it and protect their legitimate customers.
DMCA lays out several things which can be done to at least attempt to have the appearance of qualifying for safe harbor. If you host user-generated content, do you do one or more of these?
- adopt and reasonably implement a policy of addressing and terminating accounts of users who are found to be “repeat infringers?
- remove or disable access to the allegedly infringing material upon notice?
- implement any sort of "red flag" process?