Piratereports.com cause damange to my business

Exactly right. Filing a false DMCA can have huge liability issues for the person who filed it (and the chances are slim someone is going to file a false DMCA under their own name, and with valid contact information). A US host is required by law to act upon a properly filed DMCA in a expeditious manner. They cannot decide to judge and render a decision on the validity of the infringement by requesting what they would consider additional proof (that is what courts are for) and expect to have immunity. Immunity for the host is granted only upon following specific guidelines and procedures set forth in the law.

If someone does file a false DMCA, the person who it was filed against can counter that claim and then it is up to the DMCA filer to initiate a lawsuit. If they don't, the content can again be displayed.

 

It is really not that complicated. At least two of you get it.

 

Obviously, Mjewel, Browtwn, and Druidelder have a false sense of the law and how it is interpreted:

The law states: OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing.

See: http://en.wikipedia.org/wiki/Digital..._Copyright_Act
You as a host or provider have a right to verify content, and if your user claim that contents is not infringement you are fine. Even if the claims are false. You are not require or is liable in any way unless there is a court issue.

Host or internet service provider, or forum owners, whoever you are, if you receive a DMCA you can ("CAN") ignore it if your user claims that it is not infringement. You are not require to do anything by law unless there is a "court order".

The provision sets to counter the "anyone can claim DMCA".
It makes sense that there is a counter to the DMCA.

Many hosts, like 3ix will wake up bankrupt if their users sue them.
Their users will not only sue them for deleting contents, but the DMCA for false filing.

 

You have a serious comprehension problem. I was the only person to bring up the counter to a DMCA. We were not discussing a host responsibility under a counter to a DMCA.

"If someone does file a false DMCA, the person who it was filed against can counter that claim and then it is up to the DMCA filer to initiate a lawsuit. If they don't, the content can again be displayed."

We are talking about a host provider adding their own rules and terms as far as proof before they will act upon a DMCA. You are 100% wrong when you stated that a host will be sued for taking down content because they are acting upon a properly filed DMCA. While you can sue anyone, the law is clear that the host is immune from damages in this situation. Completely "ignoring" a DMCA is just plain stupid advice. A host can then be sued for damages as they have now lost immunity.

Feel free to throw good money after bad and sue the host who acted upon the DMCA - there is absolutely legal no basis for your claim.

 

Quoted: We are talking about a host provider adding their own rules and terms as far as proof before they will act upon a DMCA

The law states: OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing.

That's not anything to make up as a rule, its "OKAY" to verify, hosts are not liable from DMCA if they ask for verification from their customers/users.

Quoted: While you can sue anyone, the law is clear that the host is immune from damages in this situation

The host is immune from the DMCA, but not from the suit from its customer. If the host chooses to delete contents without verification.

I think its still murky in the water, but I do agree that Host is Immune from DMCA. I however do not agree that host is immune from liability of users suing them.

However, host can also be immune from DMCA by asking its user an explaination according to the law.
Its a two way street.

 

Are you actually reading the posts? Who is talking about asking a customer for proof? We are talking about the FILER of the DMCA, NOT the hosts customer. At no point were we discussing a counter claim.

Again, the law is clear. The host is not responsible for doing a take down when a DMCA is filed. Would I notify a customer before? Yes. Is the host required to? No. As far as the host being required to keep a copy of your content, read their TOS and the agreement you entered into when you signed up for hosting and see what they are required to do. Most hosts are not responsible for backups of data.

Sue the filer of the DMCA - but remember that you are going to be asked to show proof of actual damages. If you have lost tens of thousands of dollars, then you might want to retain an attorney - but no attorney is going to take this case on contingency. You are going to have to come up with thousands in legal fees to sue them. Maybe it's worth it, maybe not. That is up to you.

I think Jelsoft should have refunded your purchase and let you keep it (based on one side of the story, yours) or made it up to you in some other way, but they don't have to.

 

Well, I gave my attorney a jingle not too long ago. He had confused me when talking about this a little. When there is a counter than I can require a little more and keep my immunity .

However, I am immune from suit should the notice prove to be false so long as I act in good faith.

 

unless the DMCA comes with an actual legal court, then the dmca is nothing more then a threating email that anyone can send out..people write them in a prof manner to make them look legit and threating, they have no power. I would only consider a DMCA if it was sent by a verified attorney, otherwise it is just a meaningless threat people use to get you to take action on what they want done, and since dmca is not a legal document, hosts do not have to respond to them, however, hosts or anyone may think otherwise and remove your domain because they do not really understand, and they are scared into shutting your domain down.

DMCA IS NOT A LEGAL DOCUMENT, HOSTS DO NOT HAVE TO RESPOND TO THEM. DMCAS CAN BE SENT BY ANYONE!

 

Don't post nonsense. Of course it is a legal document filed under penalty of perjury. A host can certainly ignore a DMCA, they just lose their "safe harbor" protection. Since most hosts don't want to be held liable (become a party to a lawsuit) they are going to act upon a properly filed DMCA.

 

Someone could send me an email saying hey, I have a copyrighted script registered, number blah blah blah, your person is selling it on his site without my permission.

I have to take it down. I will verify the number, but, I will have to take it down. I like my little immunity I have as a host. I sincerely hope you don't run a hosting company, because with that mentality you are goin to become a defendant in a lawsuit soon.

You have no idea what your talking about and should quit while you are behind.

 

You guys are off a bit on some of your DMCA knowledge.

A host is NOT immediately required to take down material.

http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

It's not yet been court determined how quick a host must remove content.

And an ISP can certainly wait for a counter claim against the DMCA notice. Read the section on "Counter-Notification". Some hosts just suck and get scared at a DMCA but if that's the case get a better host that will at least notify you and give you a chance to voluntarily remove material or counter the notification. Many hosts give you 48-72 hours to respond to one. Certainly immediate deletion is some BS but this might also depend on the hosts TOS which you should have read when you signed up.

I argued with OP at Namepros and pretty much laughed at all his assertions. 12 hours of downtime sparked all this outrage and it's imho ridiculous. His site is new and and isn't earning crap. I have had longer outages on better site from DDOS attacks. What's he going to do then? Sue a hacker..lol. Downtime happens. Get over it and be glad it was short and while you are still new. Suing won't go anywhere at all. To even speak about it is a waste of breathe.

 

Just to add,
The "PGP.sig" file probably contains the senders Public PGP key which can be used for encrypted transmissions. It's the most popular method of public email encryption.

 

I just want to say, if you don`t have vB license they can`t avoid you, they just can send you message to erase vB files OR send request to your hosting company to erase vB files from you host or delete full your hosting account. I read this somewhere on forum. Not this one, but on one forum. I hope this will help you anyhow.

 

VB imho is among the best software. Was tempted to use it but I am trying to find an alternative now after seeing all the reports plus on the internet. Looking at mybb as an option perhaps

 

IMHO Mybb is the option to choose.

 

i second dscurlock

there is no point in these things, you have too much to do and not much to gain with this litigations and stuff.

at most IF you succeed in proving lost income, you might get 1000-3000$ as damages, but to incur that cose there are just too many problems at hand.

So as dscurlock said, this is the way life goes, get on with it.....

 

And to whoever left me negative rep next time man up and sign it.

 

Howard is a good guy, he wouldn't send a notice to your host just because he has some free time on his hands..lol

Don't do illegal stuff on your forum, and you don't have to worry about it
and crying here isn't going to change a thing, you need to ask at his site or vbulletin.com

 

Ahh, way to do another one. To the + guy, thanks To the negative, I knew you'd be too scared to say anything.

 

To clarify the compaint against Pirate Reports the site was reported as the payment was shown as a payment "Chargeback" when we checked the database and our report was totally valid.

As another poster totally correctly stated the database is not ours nor is the method of payment which I think in this case was Paypal and it is that company that supplies the "Chargeback" data.

Given that my company's reputation may have been damaged by this misinfomation I trust the complainant will post an apology in this forum. Unlike him I won't threaten to sue for damages.