1. Does sending proper notice by way of DMCA “Shut down notice” of infringing copying content hurt the case; were if payment is being received a shut down notice will lessen any profits that could be gained.
2. Does sending DMCA Shut down notice add additional vitality to a claim of copyright infringement?
Intellectual Property Law Attorney
Your question is confusing, but seems to be asking if you should refrain from sending a DMCA take-down notice so that the accused infringer unknowingly runs up the copyright damages. If your accused infringer falls withing the safe-harbor of the DMCA, that could be a defense to copyright infringement and you may wind up collecting no damages. Also, you should be looking to mitigating damages, not exacerbating them.
This answer is for informational purposes only. It is not intended as specific legal advice regarding your question. The answer could be different if all of the facts were known. This answer does not establish an attorney-client relationship.
Again, these are questions you need to ask your own lawyer.
A failure to send a takedown notice could give the alleged infringer a defense to your claim, because the DMCA is supposed to allow them some notice and opportunity to comply before a lawsuit is filed.
Copyright infringement litigation isn't a DIY job, and federal judges hate pro ses who go into court not knowing what they're doing, The statutes reward getting a lawyer, and the case law acknowledges appropriate attempts to avoid litigation, which for some reason you're not doing. If you've tried and can't find a lawyer for your case because it lacks value, take the hint and stop wasting everybody's time and the taxpayers' money.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
I have read your questions several times and can't really understand you. I have read Ms. Koslyn's answer (which is always on point) and her answer didn't help me understand what your questions were. If you are going to court, I respectfully suggest a judge won't understand you either.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Contracts / Agreements Lawyer
First and foremost (and perhaps not on direct point) you MUST be able to properly phrase your question so that people can understand it. Part of the problem appears to be sloppy typing, but there's also the chance that you don't fully understand the legal matters in question... which goes to another answer to this question - if we can't understand you, a judge won't understand you. And the judge won't be very nice about it.