When filing a takedown is it necessary to forward personal information (e.g., name, address, phone #) to the person who's infringing on copyright? I'm asking because a certain webhost told me that they will have to forward the DMCA complaint to their client. My concern is the exchange of personal information. Every site has their own methods in dealing with DMCA complaints. Why would this webhost forward my personal information along with the DMCA complaint?
They have a right to know who is claiming the information is infringing and you should expect them to forward the complaint.
I don't know who owns the domain. It may be someone I knew in the past and may be a complete stranger. My concern here is that this person will have my information which can open doors to harrassment and other means.
You could always send an email to the contact for the domain before filing the DMCA, otherwise you'll need to give them your information.
If they just automatically took DMCA action without some form of documentation on who filed it they could be in a different legal problem..
Thanks guys for replying. The hosting company will have the documentation in full. I don't have an issue with that. I may consider contacting the domain first. I'm just suspicious how everything came about. The new domain owner has knowledge of what our site was about based on the content that's up now. My belief is that this person downloaded content from an archive site then uploaded the content to the domain to try to mimic what the original site was. I have a gut feeling I'm being baited into giving out my personal information. Do I seem overly cautious?
It pretty common for people to take content from the archives when it is no longer in use - not knowing that it is illegal. I have filed a lot of DMCA notices, never had a single one objected to, nor have I ever heard from the other party. I think they were just hoping I wasn't going to sue them for the infringement/damages and the last thing they wanted to do was something to provoke a lawsuit. You know your situation better than anyone else, but I wouldn't hesitate to file the DMCA - however, I do have a business address.