Does DigitalPoint Support Piracy?

Discussion in 'Legal Issues' started by slinky, Mar 23, 2009.

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  1. #1
    So here's my question for discussion: what would you do if you found that your scripts were nulled and being hosted by a DP member who is allowed to openly solicit clients here?

    Recently I've stopped coming here as frequently after watching a great deal of deterioration in the way this forum is run. I just received two infractions for "bumping" a thread which consisted of my having a discussion with a host who has clearly ripped off the web site design of one of my clients. This was pointed out by another member as well. This web host and DP member clearly advertises that:

    (a) He doesn't accept DMCA or "takedown letters" for notifications of copyright infringement because his servers are not on US soil; and

    (b) He completely supports the operation of hosting nulled scripts - so that my fellow DP members might find unauthorized copies of their scripts on this guys server, found right here on digitalpoint.

    What did I do? I responded to the post of another person that this guy clearly ripped off my client's design and basically admitted it in another thread. I also reminded him that just because there still are copyright laws in other countries, not just the "DMCA" - but what happened? DigitalPoint staff gave me TWO INFRACTIONS for "thread bumping"!!!

    So what should I conclude here? When I came here I thought that I'd be mostly around more serious developers and some professionals. The riff-raff would be attended to by the staff, who probably are somewhere near the same. Instead, I'm getting nailed with idiotic infractions even when you've got a member here clearly posting that he is willing to violate law to sell his hosting services to digitalpoint members. So it makes me wonder - what would you do if you found that your scripts were nulled and being hosted by a DP member who is allowed to openly solicit clients here?
     
    slinky, Mar 23, 2009 IP
  2. UncleBS

    UncleBS Guest

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    #2
    Isn't this like blaming the phone company for obscene and telemarketing phone calls??

    And because you were screwed by someone else not following the rules you are not given the ability to break other rules yourself..
     
    UncleBS, Mar 23, 2009 IP
  3. slinky

    slinky Banned

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    #3
    What are you talking about?

    (1) If the DigitalPoint staff is policing content and handing out infractions, it boggles my mind that they aren't policing a known warez hoster and pirate to sell his services. The phone company doesn't police the conversations - and the moment they do police their content, they are liable for illegal actions.

    (2) I haven't broken any rules. The lawbreaking host reported me twice for "harassment" when all I did was ask him the same legitimate questions as everyone else in the thread. He reported me because I told him that he is using my client's work and he's not happy about it!

    Looks like DP rubber stamps those infractions - complain and they hand 'em out, right or wrong. Childish and ridiculous...
     
    slinky, Mar 23, 2009 IP
  4. Rande273

    Rande273 Guest

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    #4
    DP can't control how people BST on the forums, they can control spamming and bumping of threads.

    They can't keep control of nearly 200,000 people.
     
    Rande273, Mar 23, 2009 IP
  5. LbR

    LbR Banned

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    #5
    slinky I agree. The BST Content Section is full of Illegal/Nulled Databases and Contents.
     
    LbR, Mar 23, 2009 IP
  6. Rande273

    Rande273 Guest

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    #6
    Look at the TOS.

     
    Rande273, Mar 23, 2009 IP
  7. Wz Network

    Wz Network Peon

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    #7
    I would think Digital Point tries its best to stay out of the discussions of illegals matters so they won't become liable, not that they condone illegal matters.
     
    Wz Network, Mar 23, 2009 IP
  8. slinky

    slinky Banned

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    #8
    Now I understand why others have left DP. At some point you really have to take things seriously or else you just look like a warez playground.

    1) Common Sense: People used to come here selling their scripts and professional services much more frequently. How can developers participate here if DP will allow members to sell and host nulled copies of their own scripts on this board?

    2) Legally: The DP TOS states "you warrant that you will not post any messages that are... otherwise violative of any laws." This host clearly violates numerous laws, blatantly stating he will ignore copyright law and host nulled scripts and not accept DMCA letters. Additionally, DP does get involved in the conduct and content here online. I have seen DP shut down threads for scammed software and ban users. The rules here say "The staff here had the final say on what is appropriate and what is not." This means DP does control the flow of content. Just because you say you won't get involved in disputes doesn't mean DP somehow avoids liability.

    3) The fact is that the thread discussing this host's services was shut down. I've been told that this guy actually DOES host in the US! If the staff doesn't get involved in disputes, WHY is the DP staff shutting down threads? They've made a judgment call here and what is absurd is that they've decided to support a warez host!

    I've just about had it here. I got infractions for contributing to thread thanks to this warez host complaining. Now I'm getting some warez kiddies giving me negative itraders for transactions that never occurred, stating that I shouldn't complain about this warez host who is ripping off one of my clients. Shouldn't that result in a ban? Is there any order here? Does anyone really care?
     
    slinky, Mar 23, 2009 IP
  9. browntwn

    browntwn Illustrious Member

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    #9
    Deal with it yourself in the real world. You want to stop someone stealing your script, get a lawyer and stop it. Stop expecting people who having no idea who is telling the truth to deal with it. DP is not a judge, they do not have the man power or the desire to deal with your legal matters.

    If you don't like it here, then leave, nobody is stopping you. Why do you expect people to solve your problem for you. If someone is stealing you content then deal with it yourself and stop expecting third parties to get involved in your dispute.

    While you issue may seem black and white to you, there are hundreds of disputes here and do you really expect DP to investigate and make a determination in each one of those? For what? It is not their role. This is not a paid forum. There are different laws which apply to different members here. While something may be a violation in one jurisdiction it may be perfectly fine in another. It would be impossible for DP, as a free forum, to spend the resources to investigate and respond to every claim of wrongdoing.
     
    browntwn, Mar 23, 2009 IP
  10. Ibn Juferi

    Ibn Juferi Prominent Member

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    #10
    I understand your concerns but I personally feel that it would be too much to expect for DP to arbitrate anything related to legal issues such as these.
     
    Ibn Juferi, Mar 23, 2009 IP
  11. wisdomtool

    wisdomtool Moderator Staff

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    #11
    You have posted here and we have answered you, you have PM us and we have answered you. Stop posting multiple threads. If you have a grudge against the said and alleged provider, do feel free to sue him or her in court. Obtain a court writ against DP to request us to remove the said content, feel free to do so. It is a free world out there. If you choose to continue your crusade here. We believe we have given you enough attention and time. Crusades does not belong to DP. You can organize a Exterminate Warez, Protect the Seals, Eliminate Carbon Dioxide and whatsoever, just leave DP out. We hope this will be our last post in response to your repeated PM and posts. We hope you enjoy your stay in DP, but certainly not at the expense of others.
     
    wisdomtool, Mar 24, 2009 IP
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