DMCA'ed For Linking to other sites???

Discussion in 'Legal Issues' started by ksb2050, Feb 26, 2009.

  1. ksb2050

    ksb2050 Well-Known Member

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    #21
    Ok.

    Not sure if it matters, but Aurora Nova has confirmed that the individual is not related to them. They called it "fraudulent representation".
     
    ksb2050, Feb 28, 2009 IP
  2. turiel

    turiel Peon

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    #22
    Or, just move your site to an EU host. No DMCA, tada!
     
    turiel, Feb 28, 2009 IP
  3. Pixelrage

    Pixelrage Peon

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    #23
    I wonder if the sites you've linked to have gotten that notice and will be taken down..
     
    Pixelrage, Feb 28, 2009 IP
    Blogspotter likes this.
  4. ksb2050

    ksb2050 Well-Known Member

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    #24
    nope. just me. I've gotten no response from the email given to me for the violation yet (I had asked for clarification on what needed to be removed).
     
    ksb2050, Feb 28, 2009 IP
  5. jamuna

    jamuna Active Member

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    #25
    In past, i got three DMCAs but none of them pursue the matter even after my ignorance.
     
    jamuna, Feb 28, 2009 IP
  6. easydolla

    easydolla Peon

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    #26
    keep us posted , im interested in the outcome of this

    and jamuna, same here, i totally ignore dmcas sometimes , days when im on my man period
     
    easydolla, Feb 28, 2009 IP
  7. sub7

    sub7 Well-Known Member

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    #27
    I received a DMCA notification email before about fox episodes linked on my warez blog, it wasn't perticularly busy but they thought they would have a poke anyway.

    I never got a reply and was never bothered again, I just don't understand why they would bother with such small fry? You take down rapidshare and you got 80% of illegal files wiped off the net, but will it happen? Nope. so they will kick the lil guys about to make their clients feel happier that they are doing a good job.
     
    sub7, Feb 28, 2009 IP
  8. easydolla

    easydolla Peon

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    #28
    exactly

    they dont understand the game
     
    easydolla, Mar 1, 2009 IP
  9. Blogspotter

    Blogspotter Notable Member

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    #29
    Is it OK once you remove the links of if u say in written that its been taken down? Or whats the status now?
     
    Blogspotter, Mar 1, 2009 IP
  10. grk519

    grk519 Peon

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    #30
    I would call it a BS DMCA report.

    If a company like Bandai, or any decent size company is going to go after you it will come from one of their company domains, not a free MSN account.
     
    grk519, Mar 1, 2009 IP
  11. ksb2050

    ksb2050 Well-Known Member

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    #31
    I sent the email listing a email asking for clarification on what needs to be removed. It's been about 30 hours now since then with no reply, and I honestly doubt there will be a reply. I've told my host that as of midnight tonight if there is no reply we'll assume there is no problem and resume site operations.

    That's what I figured too but I had to play it safe to start out.
     
    ksb2050, Mar 1, 2009 IP
  12. ksb2050

    ksb2050 Well-Known Member

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    #32
    Site Ops have been resumed. Is was definitely a fake dmca as the site has been running now all day and I've received no response from the email. And the dead give away.....now I've been hacked. Been dealing with this all week, now I have to deal with some 14 year old kid who is apparently trying to pursue some sort of personal agenda. It's amazing how much people will do just to screw another complete stranger over :/
     
    ksb2050, Mar 1, 2009 IP
  13. hostlonestar

    hostlonestar Peon

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    #33
    Sucks you got hacked. Make sure your host knows about that so they can search the logs and persue their own interests in seeking damages for that one. Make sure the IP gets banned (ban the range if you'd like).

    Hope they get the fake DMCA guy.

    We have all clients forward DMCA notifications to us to investigate. No action is taken until we verify it is authentic. However, if there is stuff on the site against our tos we usually give the clients some time to take it down before we suspend them.

    Make sure your using a complex password for your wordpress login that is not the same as your Database password. Your database password is transfered in plain text and can be read by anyone that knows how.
     
    hostlonestar, Mar 1, 2009 IP
  14. IRCCo Jeff

    IRCCo Jeff Peon

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    #34
    DMCA is mostly blind threat. Generally I tell them to their face that their claim is bogus (unless there is an actual violation, usually there is not.)
     
    IRCCo Jeff, Mar 1, 2009 IP
  15. mojtata

    mojtata Well-Known Member

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    #35
    I really do not see the point.
    See this:http://thepiratebay.org/legal.php ... or any torrent tracker

    These sites are still online.

    You should add statement as on their site: All sidebar links are generated by users.We are not responsible for their content or any other :)
     
    mojtata, Mar 1, 2009 IP
  16. victor9191

    victor9191 Active Member

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    #36
    They wouldn't just blow smoke, just remove it, you don't want that kind of heat in your kitchen or website lol.
     
    victor9191, Mar 1, 2009 IP
  17. IRCCo Jeff

    IRCCo Jeff Peon

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    #37
    I beg to differ, DMCA requests are a dime a dozen and only some of them are legitimate. Copyright owners hire out companies to send DMCA complaints but very few are ever followed up.

    Legal action on a trademark, copyright, etc. violation is very difficult, costly, and time consuming. I have first hand knowledge of this. We've been in a correspondence battle between attorneys over a blatant infringement of our registered trademark that just seems to be going in circles.
     
    IRCCo Jeff, Mar 1, 2009 IP
  18. victor9191

    victor9191 Active Member

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    #38
    Lol I guess, but that was just my 2 cents :p Since you have had more experience, I guess we would have to take your opinion in account here, but ya.
     
    victor9191, Mar 1, 2009 IP
  19. ksb2050

    ksb2050 Well-Known Member

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    #39
    Thanks for all the help guys!! I really really appreciate all the advice I've received!

    FYI mojtata:

    Piratebay and those sites are sweedish based. Sweeden doesn't bother with copyright laws so those sites can run from the law all they want and it wont matter at the end of the day. Piratebay's been in a legal suit with the MPAA for years now, and they're winning....
     
    ksb2050, Mar 1, 2009 IP
  20. turiel

    turiel Peon

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    #40
    Actually the issue with Piratebay is that they *dont* host any copyright-infringing materials. They're just a search engine, like Google. The only files they host are torrents which are links, not the actual files.

    DMCA notices are ridiculous - to send one out, all you have to do is send an email in the appropriate format. You don't have to prove that you own the content (although you do have to act in 'good faith', in reality this means nothing). The receiver of the DMCA notice is legally required to take down the content immediately - even if they know the content doesn't belong to the sender. If they believe it shouldn't be taken down, they have to file a counter-notice, but still take down the content first. There have been many instances of content being taken down on Youtube even though the record label/movie studio/whatever have no right to it.
     
    turiel, Mar 2, 2009 IP