I've got a list of sites that have stolen links to our content, via file hosts like fileserve and filesonic - what do I do next? I should contact the sites and file hosts? How about contacting the web hosts that host the sites too? What if the web host don't take my complain seriously? How to report a web host too? Thanks
IAMAL - If you have the proper proof, reasonable filehosts like filesonic stc will take the content down with a DMCA notification. This also applies for the webhosting company. example
Filehosts do take down with a DMCA notification, but why is the content allowed to be uploaded in the first place? The filehosts still make money from the memberships and I guess the affiliates make their revenue also?
The answer would be because there is no technology invented yet for filehosts to automatically recognized that the content uploaded is copyrighted etc. Heck, even Youtube needs the copywrite owner to make the report before they can take action. Update - sorry about the above post, I meant IANAL
Thanks. There is sort of technology available as Filesonic have a program which recognises files but it's flawed due to splitting files or users cropping files. What my question is about is that: - File hosts aren't allowed to published copyrighted content - Since it's illegal for them to do so, why are they allowed to do it until someone complains and searches for the offending files? I'm wasting hours doing searches for our files, they remove them when I find them - but that's not the point since they shouldn't be there. Any advice? I'm targetting filesonic as the worst offender. Also if a website or web host doesn't reply to emails, how to report them too?
Hopefully I can answer a few of your questions, though note I'm not a lawyer -File hosts are allowed to host copyrighted content, simply not without permission. There is no way for the file host to know who owns that content (and thus, can give permission) until someone complains. -Anyone can start a website and then upload copyrighted material without permission. This isn't an issue exclusive to file hosts, nor even to digital property. To compare to your question: "Since It's illegal to break traffic laws, why are we allowed to own cars and only when we are caught is it an issue"? After all, traffic police waste hours searching for offenders, and ticket them when they find them - but really, in a perfect world no laws would ever be broken. My suggestion is to rethink your business model completely. Instead of getting mad when your content is "stolen", start to find other ways of earning a profit. I own a small IT Consulting firm and we use Creative Commons licensing for the bulk of materials we release (including graphics, which in theory we could try to charge for). I'm not trying to be a jerk, please don't take it that way
Thanks Leo, appreciate your reply! Our content comes from a paid site, so whoever is uploading our content is paying for it in the first place - I guess they think they can make more money by posting it on file hosts and linking to it on websites! Your idea of a car has too many variables , I'd compare the file host situation to: Some who's got an unlocked door, someone going in and stealing the stuff inside your home and then giving it back to you only if you've identified it! Whatever happens, comparing it to a real life situation the file host is in the wrong if they're allowing copyrighted content on their servers. The worst thing is that them and the user are making money off of it. I'd still like to find out: - How to report a website - How to report a file host - How to report a web host... I'd love to take action, but doesn't seem to be much info out there!
I'd like to thank you for keeping a cool head during all of this - that shows a lot right there -The best route to use when reporting a website is to report it directly to the webhost. This works well for smaller sites using shared hosting, but for sites that own their own servers )or have their own legal departments), you'll be better off to file a DMCA notice ( http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Takedown_Notice ). -Depending on the size of a given filehost you'll have to take different routes. The very first thing to look for is their official DMCA Compliance Policy, often linked to in the footer of their website. In the case of FileSonic, they seem to have two different pages dedicated to the matter: ( http://www.filesonic.com/report-abuse ) and ( http://www.filesonic.com/intellectual-property ). Filing a complaint with either should get the job done. -A web host (the owner of the servers) aren't something you report, they're the type you file a civil suit against. These are often large companies but can also be single owners that rent space in a datacenter for a monthly fee. If the server owner refuses to cooperate to the extent of the law, your best bet is to hire a lawyer and pursue the matter in a court. Here's a very informational website on the subject, though I wouldn't vouch for their services for my life (takedowns are a lose-lose game, both time and money are always wasted on protecting content that is uploaded elsewhere immediately). - http://www.dmca.com/ A fair warning that you may have not considered yet, some files aren't illegal. For example with BitTorrent, a webhost only hosts a small bit of meta data that tells a user's client where to find the file. Since you cannot track down and sue every peer (or user) individually, It's impossible to get rid of the content. Suing the host usually doesn't help, just look at The Pirate Bay ( http://en.wikipedia.org/wiki/The_Pirate_Bay ). Good luck with your content!
Filehosts don't care about your content. They make money with your content. You really think they are going to go out of their way to help you? If you find your content being shared, just file a complaint and it will be removed. Your whining on finding your files being shared is hard work is also useless. If you want a majority of the links to be removed, then go find them or just press on. If your content is worthwhile enough, it will never be removed from file sharing sites. As soon as you destroy one link, people will reup and create 10 more. It's useless.
not trying to spam but i think this would be useful to you: http://forums.digitalpoint.com/showthread.php?t=2179580 peace
exactly! File sharing services would be out of business if it wasn't for all those pirated/stolen content. they even "indirectly" encourage people to upload files and earn money. how many percent of those files are created by the uploader? LESS THAN YOU THINK! What they do is a legal way of saying: come on, upload. anything, keep stealing and earn money. and if someone notices, we will remove it and possibly remove your account. but hey you can always make another one! lol
Yep but it's not so funny when it's your content! That link you gave me won't help me much, I can file a DMCA notice to websites/hosts and they usually remove content. What I'm looking to do is take it further and report them - since the content shouldn't be on the filehost or site in the first place...
Wondering if anyone has any fresh advice on this topic? I'd still like to find out: - How to report a website - How to report a file host - How to report a web host...