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What to do if DMCA ignored

Discussion in 'Legal Issues' started by BCRed, Apr 8, 2012.

  1. #1
    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
     
    BCRed, Apr 8, 2012 IP
  2. copxxx

    copxxx Well-Known Member

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    #2
    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
     
    copxxx, Apr 8, 2012 IP
  3. methad0ne

    methad0ne Member

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    #3
    You've sent DMCA TAKE-DOWN NOTICE to the wrong place. You should send it to the hosting provider, not to the domain registrant.
     
    methad0ne, Apr 9, 2012 IP
  4. chandan123

    chandan123 Prominent Member

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    #4
    godaddy is the hosting provider in this case.
     
    chandan123, Apr 9, 2012 IP
  5. WebDev Solutions

    WebDev Solutions Well-Known Member

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    #5
    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
     
    WebDev Solutions, Apr 9, 2012 IP
  6. BCRed

    BCRed Active Member

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    #6
    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
     
    BCRed, Apr 9, 2012 IP
  7. Staci Lynn

    Staci Lynn Member

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    #7
    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!
     
    Staci Lynn, Apr 9, 2012 IP
  8. Law-Dude

    Law-Dude Active Member

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    #8
    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.
     
    Law-Dude, Apr 9, 2012 IP
  9. ryan1918

    ryan1918 Banned

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    #9
    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.
     
    ryan1918, Apr 10, 2012 IP
  10. helleborine

    helleborine Well-Known Member

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    #10
    There is something off here; godaddy would respond. Recheck your calculation and re-submit.
     
    helleborine, Apr 19, 2012 IP
  11. ryan1918

    ryan1918 Banned

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    #11
    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.
     
    ryan1918, Apr 25, 2012 IP
  12. gaylordellis

    gaylordellis Peon

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    #12
    well copying of full website is a newer thing for me..I just want to know about the DMCA..
     
    gaylordellis, Apr 25, 2012 IP
  13. Linktub

    Linktub Active Member

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    #13
    The DMCA protections afforded to US businesses take time to enforce, it is a bureaucratic thing like anything else.
     
    Linktub, Dec 26, 2012 IP