Filing a DMCA Complaint

Discussion in 'Legal Issues' started by stmiki, Sep 9, 2008.

  1. #1
    Do you think this guide is a relatively reliable and proper format for a DMCA complaint template?
     
    stmiki, Sep 9, 2008 IP
  2. Dreads

    Dreads Well-Known Member

    Messages:
    1,884
    Likes Received:
    24
    Best Answers:
    0
    Trophy Points:
    150
    #2
    i would advise getting a lawyer to file it for you. I am there are a lot of things to think about and undergo, are you sure u want to just do it yourself? I mean sending a small email wont to do 0o u need to provide proof
     
    Dreads, Sep 9, 2008 IP
  3. MelogKnaj

    MelogKnaj Guest

    Best Answers:
    0
    #3
    People are going to take a DMCA notice a lot more seriously than just an email asking them to remove the content. I wouldn't mess around with the emails unless you are feeling particularly nice.
     
    MelogKnaj, Sep 10, 2008 IP
  4. stmiki

    stmiki Peon

    Messages:
    523
    Likes Received:
    8
    Best Answers:
    0
    Trophy Points:
    0
    #4
    Well what about just as a formal like "Cease & Desist" complaint?

    I want to scare them but not really start any legal trouble :eek:
     
    stmiki, Sep 11, 2008 IP
  5. coduk

    coduk Member

    Messages:
    423
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    35
    #5
    Just say you are breaking the law - name the act they are breaking (DMCA) - just make it look VERY formal, and scary. If it is not worth getting a laywer, then don't get one! Sending a letter really scares someone - but an email is better to start of with.
     
    coduk, Sep 12, 2008 IP
  6. mjewel

    mjewel Prominent Member

    Messages:
    6,693
    Likes Received:
    514
    Best Answers:
    0
    Trophy Points:
    360
    #6
    You can file a DMCA request yourself - just follow the various online guides to make sure it is in a proper format. There is absolutely no reason to hire an attorney. Almost all US hosts will act upon a DMCA because failure to do so exposes them to liability. Filing a false DMCA can result in a lawsuit with hefty damages. Google, Yahoo, MSN and your host is basically taking your word that the content is owned by you - the other party also has a chance to dispute your claim - but 99% of the time they are guilty and don't.
     
    mjewel, Sep 13, 2008 IP
  7. dmehosting

    dmehosting Banned

    Messages:
    35
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #7
    If you contact the ISP/datacenter who is providing the bandwidth to that website they will usually treat it seriously and require their client to remove it asap. If this doesn't work, involve a lawyer and seek legal action.
     
    dmehosting, Sep 13, 2008 IP
  8. Essociate

    Essociate Peon

    Messages:
    466
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    0
    #8
    the dmca is very clear about the requirements, and a layperson should be able to send dmca's without an attorney.
     
    Essociate, Sep 13, 2008 IP
  9. gameaholica

    gameaholica Member

    Messages:
    51
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    43
    #9
    just realized the poster and the author are the same person.... I thought this was someone seeking advice, doh.
     
    gameaholica, Sep 13, 2008 IP