Issue with Twentieth Century Fox Film Corporation

Discussion in 'Legal Issues' started by SIVAJI, May 12, 2010.

  1. #1
    I have received a mail from FOX .

    I dont know what to do now ...

    I have removed my site and I need your suggestion .

    What can i do now ? I live in Inida

     
    SIVAJI, May 12, 2010 IP
  2. Smyrl

    Smyrl Tomato Republic Staff

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    #2
    Were I in your shoes, I would comply immediately. Fox is a big company and obviously keesp a legal team on payroll.
     
    Smyrl, May 12, 2010 IP
  3. Helvetii

    Helvetii Notable Member

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    #3
    That's why I always give fake information in whois.

    Don't reply to the mail. Just take down the site and let the domain expire. If you feel the need to do more, contact your lawyer don't contact them yourself. Anything you say can be used against you. Further more if the episodes aren't hosted by you and you are just providing the links then they don't have a strong case.
     
    Helvetii, May 12, 2010 IP
  4. RonBrown

    RonBrown Well-Known Member

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    #4
    Assuming the email is legitimate, I'd do as they say, but I wouldn't give them the domain if it is important to you - particularly if they are asking you to do it at your own expense. I also wouldn't be in a position to identify any revenue as only a court (or you complying with any tax legislation in your home country) can demand that kind of information, and even then can only demand if for small number of years not since time began. If you made no money from the site then you can say so.

    They are making these demands under US Law but there's a couple of things to remember.

    1. The part that applies to the law is probably only 1 & 2. 3, 4, & 5 have no legal status but they are attempting to confuse you into beleiving that all their demands have a legal basis.

    2. It is US Law and you are in India.
     
    RonBrown, May 12, 2010 IP
  5. RonBrown

    RonBrown Well-Known Member

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    #5
    Why would you do that? More importantly, why are you suggesting this is a good strategy.

    Providing false Whois information is against the terms of the registrar and you can forfeit your right to own the domain. Does it go on? Obviously, but it is not a strategy for the more honest members of society.

    Also, if they had provided false information, what do you think would happen in this situation? If FOX couldn't get in touch with the domain owner do you think they would just go away? Don't be silly. The chances are they would be able to find out by taking action against the registrar to find out the real owner, then after they had spent all that money they would then come after the owner with an expensive lawsuit and not a warning email.
     
    RonBrown, May 12, 2010 IP
  6. Helvetii

    Helvetii Notable Member

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    #6
    If the OP had given fake info in whois (everything except email ID), Fox would have found it extremely difficult to locate and sue him thousands of miles across, he could have just taken down the site and completely ignored them. Nor would they be bothered.
     
    Helvetii, May 12, 2010 IP
  7. SIVAJI

    SIVAJI Well-Known Member

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    #7
    I have just mailed them that

    This is the mail i have sent
    BTW ,
    1) I did not host anything in it . I was just holding the embedding video
    2) I dont need the domain anymore . Since it doesnot earn anything and it is very new .

    I dont think they will reply .
     
    SIVAJI, May 12, 2010 IP
  8. Rory M

    Rory M Peon

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    #8
    Did that message come via email or snail mail?
     
    Rory M, May 12, 2010 IP
  9. allthatjazz

    allthatjazz Guest

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    #9
    are you stupid [ no offence meant] :p you are India , tell them stfu and come and sue you there , under Indian copy rights acts there is no law regarding online copy rights .lollzz. it is a free net there, Indian govt or the IT act 09 can only be enforced for national threat only!! the mail you got was regarding U.S laws even if they dared to to sue you in India which is like 1 in a zillion any lawyer for 1000 bucks can get you hearing in next decade:p

    and yeah you could have told fox to stop stealing copy righted images them selves from flicker with out paying the guys and then ingoring the DMCA send to them just forward this to them :p

    http://torrentfreak.com/fox-news-rupert-murdoch-all-pirates-100503/
     
    Last edited: May 12, 2010
    allthatjazz, May 12, 2010 IP
  10. fathom

    fathom Well-Known Member

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    #10
    Willful intent costs $150,000 in damages without even proving any damage occurred. A falsified whois is noted in the legislation as being "willful".
     
    fathom, May 12, 2010 IP
  11. RonBrown

    RonBrown Well-Known Member

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    #11
    Using your logic that couldn't have happened because he wouldn't have received the email telling him about the copyright violation in the first place because they wouldn't have known his email address due to the whois info being incorrect.
     
    RonBrown, May 12, 2010 IP
  12. fathom

    fathom Well-Known Member

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    #12
    You can't falsify "everything"... your registrar, host, credit card company(ies), paypal [somone] records have your real identity and can be subpoenaed and then they not only have you with civil liabilities but also with criminal charges.
     
    fathom, May 12, 2010 IP
  13. RonBrown

    RonBrown Well-Known Member

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    #13
    Not a good idea because they just may do that. Fox (i.e. News International) operate all over the Globe. India will be a big market for them so they probably already have Indian operations who would be quite happy to take you on in your local court.


    There's no specific law regarding a copyright being infringed over the internet because it doesn't matter what medium is being used to carry out the infringement. India does have copyright laws which are loosely based on UK law. In the absence of any case law supporting the issue of "fair dealing" in relation to copyright infringement, UK case law may be quoted to support a position. To say there is no copyright law in India is incorrect.

    That act is about electronic data interchange and electronic communication. It has nothing to do with Copyright Law.
     
    RonBrown, May 12, 2010 IP
  14. killaklown

    killaklown Well-Known Member

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    #14
    I dont really think that is a legit email. I have NEVER seen them request the total revenue you made from it.. Makes it sound like its from a competitor.
     
    killaklown, May 12, 2010 IP
  15. Helvetii

    Helvetii Notable Member

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    #15
    No harm in giving an Email ID you have access to.

    Lets be practical, no one's going to go through all that trouble for someone who's thousands of miles away in a country with weak copyright laws, specially when they don't have a strong case.
     
    Helvetii, May 12, 2010 IP
  16. SIVAJI

    SIVAJI Well-Known Member

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    #16
    ahve not done anything that is related with Copyright .
    I was just adding links from megavideo . as sidereel and others do .

    Now i have removed everything . Thats all
     
    SIVAJI, May 12, 2010 IP
  17. miscsoft

    miscsoft Peon

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    #17
    its not about practicality. its about sending a message that "we can f#$# you". and being a volunteer/guinea pig in such scenario is not the brightest idea.

    laws are never strong or weak, and this is particularly true for a democratic country. reminds me the scene from Shawshank Redemption, "why you are here? The lawer f$#%ed me".
     
    miscsoft, May 12, 2010 IP
  18. allthatjazz

    allthatjazz Guest

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    #18
    as i said it is totally mum on it .there is nothing in indian IT act which governs the electronic media about digital copy rights
     
    allthatjazz, May 13, 2010 IP
  19. sameer-sj

    sameer-sj Active Member

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    #19
    DMCA applies to USA only.

    You should do as they say except, no 3 and 4.
    This might also be a fake, but doesn't look like one.
    If your server[hosting] is located in USA, then i recommend you to make a backup of your files and remove them. Because if you don't comply they will go after your webhost.

    and of course they can't do anything to you, if you are in india lol. In worst scenario they might pay you a visit, and there are many ways for one to escape legal issues in india[u kno wat am talking abt;)]

    so just remove the copyright materials and it should be fine.
     
    sameer-sj, May 13, 2010 IP
  20. allthatjazz

    allthatjazz Guest

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    #20
    ohh the multi quote went totally wrong i forgot to mention no foreign company or a individual can file case a case on a Indian citizen in Indian under IPC, it needs a Indian tie up , and in case of individuals they have to consult their consulate in india which in turn has to consult the Indian supreme court for advice , they OP could have turned the tables totally around if he was not a teenager which am guessing he is and filled a criminal case against fox sending threating letters or emails and causing mental and physical anguish to him and also infringing on fundamental right of freedom of speech plus his fundamental right to online privacy , by taking his whois is who and sending him that mail fox broke both and are liable for a crimanal case under IPC.
     
    allthatjazz, May 13, 2010 IP