What to do if DMCA ignored

About two weeks ago I found that someone had copied my entire website, including images and content, 100%. All they had switched were the links to his own account. I sent a DMCA takedown notice to both his payment processor (Digital River) and well as his host (Godaddy) but have not received any response from either and the content is still live.

How do you generally proceed if a valid DMCA takedown notice is ignored. Both receiving companies are US, as well as the guy who stole the site (due to his lack of privacy settings I have been able to get his home and work addresses, emails, and phone numbers). I had thought Godaddy would at least respond but apparently Godaddy breaks the law and ignores DMCA takedown notices.

What do you guys advise me to do? This is hurting my bottom line, but I don't know if I can afford a lawyer.

Thanks

 

I believe you can afford a lawyer, just do a search in your local area (eg: "affordable lawyer calgary" with quotation marks) or just take a look at http://www.canadalawyerlist.com

 

You've sent DMCA TAKE-DOWN NOTICE to the wrong place. You should send it to the hosting provider, not to the domain registrant.

 

godaddy is the hosting provider in this case.

 

I'd contact him directly, be calm over the phone- but make it clear you'll be pursuing this legally if the content isn't removed (even if you don't plan too- saying it will often be enough). If this returns unsuccessful, and the host does not act on the DMCA then you're options become rather limited unless you can find the funds to invest in a lawyer.

WebDev

 

Thanks for the advice guys. I sent a cease and desist by email. If he hasn't taken action by Friday I'll call as well.

And yes, in this case Godaddy is both host and registrar.

In the day since I've posted this Digital River seem to now have taken action and turned off the merchant processing account, so hopefully now that he can no longer make money off of it he'll remove my content

 

I'm surprised that GoDaddy didn't act. They have been known to respond quickly to DMCA notices -often too quickly and without proof. Act first - ask questions later.
Did you send it to the correct department in Godaddy? CopyrightClaims(at)godaddy.com or TrademarkClaims(at)godaddy.com.
Also, a well-written notice that sites the legal rules of DMCA and includes your sworn statement seems to work best.
Good luck!

 

Are you sure that you sent the DMCA takedown notice in the correct form and to the right e-mail address? Have you tried sending from a different e-mail domain in case you're just getting blocked by their spam filter?

GoDaddy usually responds to DMCA notices within a day or two, and will even tell you if your notice isn't in the correct form and what to add.

If you're sure that you sent the correct form and that they received it, send the notice again and tell them that you already sent it once and that failure to comply will eliminate any safe harbor that GoDaddy has under the DMCA, and may open them to personal liability for the infringement.

 

What did godaddy even respond to you and say, or didn't they at all? Normally your going to be wasting your money and time if you really proceed any further because it will cost you in the thousands range to sue them in court if you can find them and if they in the same country where you are which is unlikely, I know it makes people mad but fact is unless you got millions of dollars and your a huge company, you don't get much attention, but I'm still surprised they didn't do anything or at least reply to you.

If you really want to go a step further contact Godaddy's bandwidth providers and send them the DMCA notices which sometimes will get the issue resolved, If you need help finding it just contact me via private message with the site in question and I'll help you as much as I can.

 

There is something off here; godaddy would respond. Recheck your calculation and re-submit.

 

Well most of the time, and this is normally 95% of the time no provider will ever respond back to you, they won't tell you the outcome of the case or tell you if anything is happening because of releasing client information just could get them sued very easily, so most of the time you will get a automated response and either the person responds to godaddy with proof, or they get suspended, I don't see them ignoring it completely, IF anything maybe your email never got received by them, or was accidentally deleted or never take care of it, I would suggest sending a email to verify it was received, and see if they can respond with any action taken IF any or proof of legal rights to use the content.

 

well copying of full website is a newer thing for me..I just want to know about the DMCA..

 

The DMCA protections afforded to US businesses take time to enforce, it is a bureaucratic thing like anything else.