I think someone keeps sending fake copyright notices to my web hosts which keeps getting my sites suspended. This is the second web host I have had this problem with. Of course, I am moving hosts again... Can people really send fake copyright notices and not get in trouble? My hosting is trying to resolve this....
No, they are exploiting the law. They are impersonating another party and that is also illegal. They could be charged as operating as a lawyer, without a license. That is punishable by a very hefty fine and possibly a jail sentence in the U.S. Contact your State or Government authorities for more information.
Well first off, are you passing copyrighted ideas, graphics, pictures off as your own? If you're your going to use someone elses ideas in an article or something you need to give credit. Maybe this didn't cross your mind, but I think any rational person would agree that you deserve due process, which should include the evidence presented against you. Why don't you just ASK your host why they suspended you? Request exactly what is violating copyrighting laws.
Giving credit isn't always good enough. If it was, I would sell my own OS called Minisoft and have a line somewhere that says "Thanks Bill!". Check the license for anything you have used to make sure you're not infringing any laws.
The web host will not tell me who it was. I have an idea, but I have no proof. Without proof, there's nothing I can do. I am moving to a new web host again...
1. A subpoena usually helps me getting that type of information if I want it. 2. Speak to the legal department at your host and tell them you want to file a counter notice and demand copies of the notice they are relying on. Or, if it makes good business sense, just move on. But if this is going to be a persistent problem, might as well deal with it now.
They don't owe you that. What they owe you is a good reason why they immediately dumped your site. It is very odd because it's rarely that they'll just due that unless you're causing harm to other hosting clients(like running a heavy program on the server). There's usually a time to investigate before they shut down your site, as well as telling you what they're doing. I'd like to know who this host is since they're acting very unprofessional in my opinion, and I'd also like you to keep us posted on exactly the reason they did this(if they give you a reason)
I wish they did owe me that, would make life easier. I'm definately not harming other clients. Host will contact me back when resolved...
The best thing to do is read up on the DMCA. There is a protocol that gets followed, and as someone who hosts quite a few web sites, I have seen quite a few DMCA notices over the last 9 years that the DMCA has been in effect. If your site is getting shut down, there is probably a reason. I do not jump the gun with these notices. I investigate, notify our client and give them the opportunity to investigate and remove content first. It is only if I do not get a response, or I have an actual court order in front of me that I suspend a web site for a DMCA violation. Some hosts shut things down and ask questions later.. It's best to fully investigate first. I would say about 50% of DMCA complaints are not valid.. Not because they are bogus, but because the people that send them out did not do their own investigation either to validate a copyright infringement claim. For more information please refer to the US Library of Congress Copyright Office: http://lcweb.loc.gov/copyright/ Or read the DMCA in its entirety here: http://www.mia.net/HTML/copyright/hr2281.pdf
Don't worry about it. There will always be competitors and people that don't like it. What I find more disgusting is there is a host that listens and shuts you down. And the worst part is they shut you down right away with no investigation. Are you with a small host that is afraid to be sued? I reported a site hosted by godaddy, I reported it violating godaddy's own terms of service. After two emails sent, they replied back saying they would do absolutely nothing unless the police request it. Even though it was violating godaddy's own terms of service. As bad as godaddy's hosting is, they seem to be good enough not to shut down sites, even ones that violate their own terms.
You can't use images you do not own by merely giving credit. You need to have express permission from the copyright holder.
I did ask for permission for images I used. And I was granted permission. Giving credit is something required, so I adhere. That's not the problem. Someone is purposely following me around to my web hosts complaining that I am violating copyright by placing something they are NOT the author of, on my site. This person has no right to complain if they are not the author of the content. Infact, they complained on something else on my site that is from a seperate author. This is stupid.