DMCA Law question

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  • Mutt
    Too lazy to set a custom title
    • Sep 2002
    • 34431
    #1

    DMCA Law question

    these file host fuckers are getting worse and worse. they now think that even with the DMCA they can make up their own law - writing their own DMCA procedures that if you don't follow they feel they can ignore since you didn't follow their own made up rules. Please tell me this has to be bullshit legally. If I send out a DMCA takedown request where I swear I am the owner of the content, include the offending URL's then I have fullfilled my obligation no? Or is that fucking piece of shit law so badly constructed that it does give the 'service provider' the right to concoct their own rules that I have to follow?

    worst. law. ever.
    I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!
    Tags: None
    • CurrentlySober
      Too lazy to wipe my ass
      • Aug 2002
      • 38950
      #2
      Bump 4 you


      👁️ 👍️ 💩

        Comment

        • Nautilus
          Confirmed User
          • Sep 2002
          • 1631
          #3
          That's bullshit and by adding roadblocks to DMCA process they're effectively loosing their safe harbor protection. You can sue them and win.

          Btw, what filehosts are like that?
          .
          .

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            Comment

            • Jack Sparrow
              Almost goners..
              • May 2008
              • 11420
              #4
              They can ask for proof.

                Comment

                • Nautilus
                  Confirmed User
                  • Sep 2002
                  • 1631
                  #5
                  Originally posted by Jack Sparrow
                  They can ask for proof.
                  No they can't. They should either remove or provide counter-DMCA filed by their client. The whole safe harbor thing is about an ISP being a non-party in all copyright disputes.
                  .
                  .

                  FerroCash - 50+ quality niche paysites to promote | 100K+ FHGs | Check recently added galleries

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                    Comment

                    • TeenCat
                      Too lazy to set a koala
                      • Jan 2007
                      • 16139
                      #6
                      hey man its xmas time ...

                      6bot                       / Coming again very soon!
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                        Comment

                        • Mutt
                          Too lazy to set a custom title
                          • Sep 2002
                          • 34431
                          #7
                          Originally posted by Nautilus
                          That's bullshit and by adding roadblocks to DMCA process they're effectively loosing their safe harbor protection. You can sue them and win.

                          Btw, what filehosts are like that?
                          http://www.oron.com and from what I read they own http://www.forumophilia.com - which if it can be proven totally exposes them as more than a 'service provider' with no safe harbor protection.

                          i have been sending this host the same DMCA takedown request email written by a top attorney that I send to Hotfile, Rapidshare etc and they do delete the files at least - Oron.com ignores them, their hosting company Leaseweb is Dutch and notorious for not giving a fuck about copyright infringement complaints. GlobalCrossing the upstream provider does nothing. I've sent abuse complaints to Paypal who also make you jump through hoops just to file a copyright infringement complaint.
                          I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                            Comment

                            • Mutt
                              Too lazy to set a custom title
                              • Sep 2002
                              • 34431
                              #8
                              Originally posted by TeenCat
                              hey man its xmas time ...
                              merry xmas teencat - nice to see the fag reindeer back
                              I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                Comment

                                • Jack Sparrow
                                  Almost goners..
                                  • May 2008
                                  • 11420
                                  #9
                                  Originally posted by Nautilus
                                  No they can't. They should either remove or provide counter-DMCA filed by their client. The whole safe harbor thing is about an ISP being a non-party in all copyright disputes.
                                  Yes they can.
                                  Especially in holland. Leaseweb rocks if you dont want to follow the rules (american ones).

                                    Comment

                                    • Jack Sparrow
                                      Almost goners..
                                      • May 2008
                                      • 11420
                                      #10
                                      Btw you guys should checkout fritchy, hint hint.

                                        Comment

                                        • Nautilus
                                          Confirmed User
                                          • Sep 2002
                                          • 1631
                                          #11
                                          Originally posted by Mutt
                                          http://www.oron.com and from what I read they own http://www.forumophilia.com - which if it can be proven totally exposes them as more than a 'service provider' with no safe harbor protection.

                                          i have been sending this host the same DMCA takedown request email written by a top attorney that I send to Hotfile, Rapidshare etc and they do delete the files at least - Oron.com ignores them, their hosting company Leaseweb is Dutch and notorious for not giving a fuck about copyright infringement complaints. GlobalCrossing the upstream provider does nothing. I've sent abuse complaints to Paypal who also make you jump through hoops just to file a copyright infringement complaint.
                                          Oron has been pain in the ass to deal with awhile back. But recently they do remove everything we send them no questions asked. I remember a couple of months ago they asked for some kind of verification which we did, and that was it. No other problems.

                                          Probably they like your content more and do not want it removed from their servers

                                          But anyway, unanswered DMCA is a strong card, you can play it nicely. They're not durt poor studs you can stumble upon easily when sueing torrent users. They do have money, and they do have US presence (through paypal at the very least). Nice chunk of cash on the table for you. Just make sure to register your works with the US copyright office (if not done already), after that you can get statutory damages awarded to you by US courts (HUGE ones), and then go on to collect (freeze their paypal if necessary, or any other of their US assets if they have any). I single unanswered DMCA with a mere hundred links in it can get you MILLIONS.
                                          .
                                          .

                                          FerroCash - 50+ quality niche paysites to promote | 100K+ FHGs | Check recently added galleries

                                          New sites | Pantyhose | Nylon | Shemale | Strapon | Lesbian | Mature/MILF | Anal | Old&Young | Gay | Feet

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                                          Wish to review or evaluate our sites before promoting them? Contact me for free password.

                                          ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

                                            Comment

                                            • Nautilus
                                              Confirmed User
                                              • Sep 2002
                                              • 1631
                                              #12
                                              Originally posted by Jack Sparrow
                                              Yes they can.
                                              Especially in holland.
                                              Tell that to mininova lol.

                                              Leaseweb is playing with fire. Holland is not a place to mess with the copyright laws.
                                              .
                                              .

                                              FerroCash - 50+ quality niche paysites to promote | 100K+ FHGs | Check recently added galleries

                                              New sites | Pantyhose | Nylon | Shemale | Strapon | Lesbian | Mature/MILF | Anal | Old&Young | Gay | Feet

                                              Morphing RSS feeds - check them at the Official blog| Page Peels (Sample 1 : Sample 2)

                                              Wish to review or evaluate our sites before promoting them? Contact me for free password.

                                              ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

                                                Comment

                                                • VGeorgie
                                                  Confirmed User
                                                  • Nov 2008
                                                  • 359
                                                  #13
                                                  Originally posted by Jack Sparrow
                                                  Yes they can.
                                                  No, they can't. Just because they do doesn't mean they're allowed to within the DMCA law (which anyone can read if they cared to).

                                                  I've had this same problem with Oron. It'll only get better if LOTS of us lean on them and their payment providers. Eventually they'll get their ass handed to them.

                                                    Comment

                                                    • nicedreams
                                                      Confirmed User
                                                      • Apr 2004
                                                      • 298
                                                      #14
                                                      We just sent a DMCA notice to Oron last week and they took our videos down quickly.

                                                      Jimmy

                                                      Nice Dreams Cash
                                                      http://www.nicedreamscash.com

                                                        Comment

                                                        • Shap
                                                          Confirmed User
                                                          • May 2001
                                                          • 8313
                                                          #15
                                                          Originally posted by Mutt
                                                          http://www.oron.com and from what I read they own http://www.forumophilia.com - which if it can be proven totally exposes them as more than a 'service provider' with no safe harbor protection.

                                                          i have been sending this host the same DMCA takedown request email written by a top attorney that I send to Hotfile, Rapidshare etc and they do delete the files at least - Oron.com ignores them, their hosting company Leaseweb is Dutch and notorious for not giving a fuck about copyright infringement complaints. GlobalCrossing the upstream provider does nothing. I've sent abuse complaints to Paypal who also make you jump through hoops just to file a copyright infringement complaint.
                                                          Have you hit up their registrar?

                                                            Comment

                                                            • Barefootsies
                                                              Choice is an Illusion
                                                              • Feb 2005
                                                              • 42635
                                                              #16
                                                              Originally posted by Nautilus
                                                              That's bullshit and by adding roadblocks to DMCA process they're effectively loosing their safe harbor protection. You can sue them and win.
                                                              Originally posted by Nautilus
                                                              No they can't. They should either remove or provide counter-DMCA filed by their client. The whole safe harbor thing is about an ISP being a non-party in all copyright disputes.
                                                              That would be correct.
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                                                                Comment

                                                                • Mutt
                                                                  Too lazy to set a custom title
                                                                  • Sep 2002
                                                                  • 34431
                                                                  #17
                                                                  Originally posted by nicedreams
                                                                  We just sent a DMCA notice to Oron last week and they took our videos down quickly.

                                                                  Jimmy
                                                                  can you send me your DMCA notice you sent them so I can see how it differs from mine if it does?

                                                                  mutt AT rogers.com

                                                                  thanks
                                                                  I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                    Comment

                                                                    • Grapesoda
                                                                      So Fucking Banned
                                                                      • Jul 2003
                                                                      • 46238
                                                                      #18
                                                                      Originally posted by Nautilus
                                                                      Just make sure to register your works with the US copyright office (if not done already), after that you can get statutory damages awarded to you by US courts (HUGE ones), and then go on to collect (freeze their paypal if necessary, or any other of their US assets if they have any). I single unanswered DMCA with a mere hundred links in it can get you MILLIONS.
                                                                      yes this is the key to it

                                                                        Comment

                                                                        • Mutt
                                                                          Too lazy to set a custom title
                                                                          • Sep 2002
                                                                          • 34431
                                                                          #19
                                                                          Originally posted by Shap
                                                                          Have you hit up their registrar?
                                                                          no, that's the only one i haven't - good idea.

                                                                          they think they can make up their own rules - they want a scanned letter with letterhead - an electronic signature - it enfuriates me that these theives who are stealing from me have the balls to make me dance like a monkey just to stop them from stealing.

                                                                          I came across a new filehost today with an affiliate program setup that will blow your mind.

                                                                          Hotfile and Rapidshare as much as I hate them run their businesses in tight accordance with the DMCA. Files come down fast with a simple DMCA notice via email Now you have all these new ones popping up who have no attorneys or understanding of the DMCA and think anything goes.

                                                                          And of course shady porn webmasters are now getting into this game - checked out the portfolio of an adult web designer I wanted to use and what did I see - new designs for file hosting companies.
                                                                          Last edited by Mutt; 12-24-2010, 09:51 AM.
                                                                          I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                            Comment

                                                                            • Agent 488
                                                                              Registered User
                                                                              • Feb 2006
                                                                              • 22511
                                                                              #20
                                                                              Originally posted by Mutt
                                                                              g.

                                                                              I came across a new filehost today with an affiliate program setup that will blow your mind.
                                                                              what would be the difference between the ones with affiliate programs already like sharing matrix, hotfile, oron etc?

                                                                                Comment

                                                                                • Spudstr
                                                                                  Confirmed User
                                                                                  • Jan 2003
                                                                                  • 2321
                                                                                  #21
                                                                                  Originally posted by Nautilus
                                                                                  No they can't. They should either remove or provide counter-DMCA filed by their client. The whole safe harbor thing is about an ISP being a non-party in all copyright disputes.
                                                                                  Under DMCA hosts most certainly can ask you for proof that you are the copy right holder, or proof toa profile/content location on your existing site.

                                                                                  For example we got a blanket DMCA for a certain cam site stating images on x y z URLs were theres. Simple we asked to see that profile and to provide that cam models profile so we can validate that it is in deed there content they hold rights to. If not they are slinging mud with out jurisdiction or proof. Their request is simply to broad to be handled.

                                                                                  If you read the actual laws for DMCA you have to provide proof you do in fact hold the copyright. If not someone can simply go and send millions of dmca requests to everyone in the world demanding things to be removed.

                                                                                  Considering this is what we were told by our Attorney Marc Randazza who is as many of you know the exact type of lawyer who goes after people for DMCA.
                                                                                  Managed Hosting - Colocation - Network Services
                                                                                  Yellow Fiber Networks
                                                                                  icq: 19876563

                                                                                    Comment

                                                                                    • Spudstr
                                                                                      Confirmed User
                                                                                      • Jan 2003
                                                                                      • 2321
                                                                                      #22
                                                                                      Originally posted by Mutt
                                                                                      no, that's the only one i haven't - good idea.

                                                                                      they think they can make up their own rules - they want a scanned letter with letterhead - an electronic signature - it enfuriates me that these theives who are stealing from me have the balls to make me dance like a monkey just to stop them from stealing.

                                                                                      I came across a new filehost today with an affiliate program setup that will blow your mind.

                                                                                      Hotfile and Rapidshare as much as I hate them run their businesses in tight accordance with the DMCA. Files come down fast with a simple DMCA notice via email Now you have all these new ones popping up who have no attorneys or understanding of the DMCA and think anything goes.

                                                                                      And of course shady porn webmasters are now getting into this game - checked out the portfolio of an adult web designer I wanted to use and what did I see - new designs for file hosting companies.
                                                                                      Technically they have every right to ask you for proof, and to be honest the only certain way you are serving someone with a DMCA complaint is with a certified letter. Paper trails > email trails.

                                                                                      And to be honest http://www.copyright.gov/l You need to send the DMCA complaint to a registered copyright agent for that host/organization. If they are not listed and having a registered agent then well. They can be in some trouble.


                                                                                      EDIT: http://www.copyright.gov/onlinesp/list/index.html is the proper url
                                                                                      Last edited by Spudstr; 12-24-2010, 10:58 AM.
                                                                                      Managed Hosting - Colocation - Network Services
                                                                                      Yellow Fiber Networks
                                                                                      icq: 19876563

                                                                                        Comment

                                                                                        • Spudstr
                                                                                          Confirmed User
                                                                                          • Jan 2003
                                                                                          • 2321
                                                                                          #23
                                                                                          Originally posted by Nautilus
                                                                                          Tell that to mininova lol.

                                                                                          Leaseweb is playing with fire. Holland is not a place to mess with the copyright laws.
                                                                                          Leaseweb is coming to the states with a new datacentear in northern virginia. They will have to register with the US Copyright office as well and have to pretty much abide by all US DMCA complaints and not give people the finger because they are not a US based organization.
                                                                                          Managed Hosting - Colocation - Network Services
                                                                                          Yellow Fiber Networks
                                                                                          icq: 19876563

                                                                                            Comment

                                                                                            • rogueteens
                                                                                              So fucking bland
                                                                                              • Jul 2006
                                                                                              • 8005
                                                                                              #24
                                                                                              Originally posted by Spudstr
                                                                                              If not someone can simply go and send millions of dmca requests to everyone in the world demanding things to be removed.
                                                                                              Sounds like fun, we should do a 12Chan on one of those big illegal tubes and hit them with millions of DCMA requests in a day! :D
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                                                                                                Comment

                                                                                                • Spudstr
                                                                                                  Confirmed User
                                                                                                  • Jan 2003
                                                                                                  • 2321
                                                                                                  #25
                                                                                                  Originally posted by rogueteens
                                                                                                  Sounds like fun, we should do a 12Chan on one of those big illegal tubes and hit them with millions of DCMA requests in a day! :D

                                                                                                  DMCA does say it is illegal to do that you know. Two wrongs make a right?
                                                                                                  Managed Hosting - Colocation - Network Services
                                                                                                  Yellow Fiber Networks
                                                                                                  icq: 19876563

                                                                                                    Comment

                                                                                                    • Nautilus
                                                                                                      Confirmed User
                                                                                                      • Sep 2002
                                                                                                      • 1631
                                                                                                      #26
                                                                                                      Originally posted by Spudstr
                                                                                                      Under DMCA hosts most certainly can ask you for proof that you are the copy right holder, or proof toa profile/content location on your existing site.
                                                                                                      If it is so "certain" it will be easy for you to qoute the exact provision in DMCA law that authorizes ISPs to ask for proof.

                                                                                                      For example we got a blanket DMCA for a certain cam site stating images on x y z URLs were theres. Simple we asked to see that profile and to provide that cam models profile so we can validate that it is in deed there content they hold rights to. If not they are slinging mud with out jurisdiction or proof. Their request is simply to broad to be handled.
                                                                                                      You only got away with it because they sent you fake bs takedown request. But if, by chance, all of those pics were indeed their, and they'd sue because you bitch and wouldn't remove in a timely manner as the law says you should, you'd be spamming Buy&Sell forum now selling your servers to pay for damages awarded to this copyright holder by court.
                                                                                                      .
                                                                                                      .

                                                                                                      FerroCash - 50+ quality niche paysites to promote | 100K+ FHGs | Check recently added galleries

                                                                                                      New sites | Pantyhose | Nylon | Shemale | Strapon | Lesbian | Mature/MILF | Anal | Old&Young | Gay | Feet

                                                                                                      Morphing RSS feeds - check them at the Official blog| Page Peels (Sample 1 : Sample 2)

                                                                                                      Wish to review or evaluate our sites before promoting them? Contact me for free password.

                                                                                                      ICQ: 38.89.22.76 e-mail: support AT ferrocash.com

                                                                                                        Comment

                                                                                                        • gideongallery
                                                                                                          Confirmed User
                                                                                                          • Aug 2003
                                                                                                          • 7082
                                                                                                          #27
                                                                                                          Originally posted by Mutt
                                                                                                          http://www.oron.com and from what I read they own http://www.forumophilia.com - which if it can be proven totally exposes them as more than a 'service provider' with no safe harbor protection.

                                                                                                          i have been sending this host the same DMCA takedown request email written by a top attorney that I send to Hotfile, Rapidshare etc and they do delete the files at least - Oron.com ignores them, their hosting company Leaseweb is Dutch and notorious for not giving a fuck about copyright infringement complaints. GlobalCrossing the upstream provider does nothing. I've sent abuse complaints to Paypal who also make you jump through hoops just to file a copyright infringement complaint.
                                                                                                          my god how many times do you have to be told that DMCA is an american law

                                                                                                          if anything the lawsuit that fucked over mininova proves if you obey DMCA takedown request but ignore your own countries equivalent you get no safe harbor protection at all.

                                                                                                          get a lawyer from the country to draft a takedown notice that is complient with that countries laws.

                                                                                                          “When crimes occur through the mail, you don’t shut the post office down,” Steve Wozniak

                                                                                                            Comment

                                                                                                            • Jack Sparrow
                                                                                                              Almost goners..
                                                                                                              • May 2008
                                                                                                              • 11420
                                                                                                              #28
                                                                                                              Originally posted by VGeorgie
                                                                                                              No, they can't. Just because they do doesn't mean they're allowed to within the DMCA law (which anyone can read if they cared to).

                                                                                                              I've had this same problem with Oron. It'll only get better if LOTS of us lean on them and their payment providers. Eventually they'll get their ass handed to them.
                                                                                                              Then dont believe, im 100% sure they can. But if ya'll wanna hang on to the dmca from your side its fine with me.

                                                                                                              Originally posted by Nautilus
                                                                                                              If it is so "certain" it will be easy for you to qoute the exact provision in DMCA law that authorizes ISPs to ask for proof.



                                                                                                              You only got away with it because they sent you fake bs takedown request. But if, by chance, all of those pics were indeed their, and they'd sue because you bitch and wouldn't remove in a timely manner as the law says you should, you'd be spamming Buy&Sell forum now selling your servers to pay for damages awarded to this copyright holder by court.
                                                                                                              Wow, you mad?

                                                                                                              Not a very nice way to treat someone thats respected throughout the community son. I get that you are all upset, but i know for a fact he is right. And not only that, i know for another fact that spud here is very serious about dmca's and takedown request.

                                                                                                              You are barking up the wrong tree. Nice to see who not to promote from now on however.

                                                                                                                Comment

                                                                                                                • VGeorgie
                                                                                                                  Confirmed User
                                                                                                                  • Nov 2008
                                                                                                                  • 359
                                                                                                                  #29
                                                                                                                  Originally posted by Spudstr

                                                                                                                  If you read the actual laws for DMCA you have to provide proof you do in fact hold the copyright.
                                                                                                                  You're misinformed. The law says no such thing (feel free to quote from the law if you insist otherwise). You must claim, under penalty of perjury, that your statement is true and accurate, but it says nothing about "proving" you hold the copyright, because such proof is subjective and inconclusive.

                                                                                                                  In addition, the DMCA *does* say that if the takedown notice substantially complies with the requirements the offending party must take action. Oron and some of the others are ignoring or rejecting valid DMCA based on one or two inconsequential issues missing, like providing a valid email and physical address, but not phone number. The law merely states you must provide sufficient information for them to contact you, if that's required.

                                                                                                                  The DMCA requires that to be covered by safe harbor the ISP or service must have on file with the Copyright Office the name and full contact information of the service's designated agent. Most of these services don't comply at all with this or provide bogus information (wanting to remain anonymous), and that in itself makes them ineligible for safe harbor ("The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent...)."

                                                                                                                    Comment

                                                                                                                    • VGeorgie
                                                                                                                      Confirmed User
                                                                                                                      • Nov 2008
                                                                                                                      • 359
                                                                                                                      #30
                                                                                                                      Originally posted by Jack Sparrow
                                                                                                                      Then dont believe, im 100% sure they can. But if ya'll wanna hang on to the dmca from your side its fine with me.
                                                                                                                      It's not like the text of the law is a secret. It's only on about 10,000 sites. Find a copy and show me where it says they can demand proof of copyright ownership.

                                                                                                                        Comment

                                                                                                                        • VGeorgie
                                                                                                                          Confirmed User
                                                                                                                          • Nov 2008
                                                                                                                          • 359
                                                                                                                          #31
                                                                                                                          Originally posted by gideongallery
                                                                                                                          get a lawyer from the country to draft a takedown notice that is complient with that countries laws.
                                                                                                                          More talking out of your ass.

                                                                                                                          Oron is registered by a US entity and uses private registration, making it difficult - at best - to know what country they are located in. Their site makes no mention of it otherwise.

                                                                                                                          They do, however, provide a link for DMCA (explicitly identified as such) with instructions to provide them a DMCA notice, complete with reference to the relevant US statute. Presumably they provide this page with the intention of following this silly American law.

                                                                                                                          Is there anything else you want to say without taking even the slightest degree of research?

                                                                                                                            Comment

                                                                                                                            • nicedreams
                                                                                                                              Confirmed User
                                                                                                                              • Apr 2004
                                                                                                                              • 298
                                                                                                                              #32
                                                                                                                              Originally posted by Mutt
                                                                                                                              can you send me your DMCA notice you sent them so I can see how it differs from mine if it does?

                                                                                                                              mutt AT rogers.com

                                                                                                                              thanks
                                                                                                                              Sent.

                                                                                                                              Jimmy

                                                                                                                              Nice Dreams Cash
                                                                                                                              http://www.nicedreamscash.com

                                                                                                                                Comment

                                                                                                                                • Mutt
                                                                                                                                  Too lazy to set a custom title
                                                                                                                                  • Sep 2002
                                                                                                                                  • 34431
                                                                                                                                  #33
                                                                                                                                  Originally posted by Spudstr
                                                                                                                                  Technically they have every right to ask you for proof, and to be honest the only certain way you are serving someone with a DMCA complaint is with a certified letter. Paper trails > email trails.

                                                                                                                                  And to be honest http://www.copyright.gov/l You need to send the DMCA complaint to a registered copyright agent for that host/organization. If they are not listed and having a registered agent then well. They can be in some trouble.


                                                                                                                                  EDIT: http://www.copyright.gov/onlinesp/list/index.html is the proper url
                                                                                                                                  LOL - and you're with/own a hosting company. Yes a hosting company that hosts several large tube sites of the thieving variety.

                                                                                                                                  NOWHERE in the Digital Millenium Copyright Act does it say anything about having to prove to a service provider that you own the content. NOWHERE.
                                                                                                                                  So yes anybody can send out thousands of fraudulent DMCA takedown notices and the law protects service providers against that - a counter claim against the complainant which has its own penalties under the law.
                                                                                                                                  I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                                                                                    Comment

                                                                                                                                    • Mutt
                                                                                                                                      Too lazy to set a custom title
                                                                                                                                      • Sep 2002
                                                                                                                                      • 34431
                                                                                                                                      #34
                                                                                                                                      Originally posted by nicedreams
                                                                                                                                      Sent.

                                                                                                                                      Jimmy
                                                                                                                                      thanks
                                                                                                                                      I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                                                                                        Comment

                                                                                                                                        • Mutt
                                                                                                                                          Too lazy to set a custom title
                                                                                                                                          • Sep 2002
                                                                                                                                          • 34431
                                                                                                                                          #35
                                                                                                                                          Originally posted by gideongallery
                                                                                                                                          my god how many times do you have to be told that DMCA is an american law

                                                                                                                                          if anything the lawsuit that fucked over mininova proves if you obey DMCA takedown request but ignore your own countries equivalent you get no safe harbor protection at all.

                                                                                                                                          get a lawyer from the country to draft a takedown notice that is complient with that countries laws.
                                                                                                                                          I'm aware that Leaseweb isn't American, it's why Oron is hosted there. Oron is American, Santa Clara California.
                                                                                                                                          I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!

                                                                                                                                            Comment

                                                                                                                                            • Brad Mitchell
                                                                                                                                              Confirmed User
                                                                                                                                              • Nov 2001
                                                                                                                                              • 9813
                                                                                                                                              #36
                                                                                                                                              Originally posted by Mutt
                                                                                                                                              these file host fuckers are getting worse and worse. they now think that even with the DMCA they can make up their own law - writing their own DMCA procedures that if you don't follow they feel they can ignore since you didn't follow their own made up rules. Please tell me this has to be bullshit legally. If I send out a DMCA takedown request where I swear I am the owner of the content, include the offending URL's then I have fullfilled my obligation no? Or is that fucking piece of shit law so badly constructed that it does give the 'service provider' the right to concoct their own rules that I have to follow?

                                                                                                                                              worst. law. ever.
                                                                                                                                              While there is certainly room for improvement in the DMCA, it does work and have some teeth. The problem is largely that on both sides of the fence, too many people don't understand it. On the complaining side of DMCA, most would benefit from a well written template and explanation on how to properly search and send one out - including to WHOM (the registered copyright agent, if one exists or if you can actually figure out the proper company name).

                                                                                                                                              Most hosts don't fully understand the law (or comply) and therefore don't qualify for the safe harbor.. they aren't educated enough to know what it is they don't know. If a DMCA complaint is properly formatted and sent to the registered copyright agent at a web site in question, or in absence of that, for the host of the web site in question.. then the content must come down.

                                                                                                                                              From the moment that the web site submits a counter affidavit stating that they do in fact have the right to publish the material in question then the clock starts ticking again. This does not give the web site the immediate ability to keep it's material online - in fact, the material must stay down for 10 days. This is to allow for the complaining party to go and file an injunction, etc, if necessary.

                                                                                                                                              The teeth in the DMCA starts with the liability of the complaining party. If one is going to send a take down notice, they sure better have the right to do so. Swearing under penalty of perjury isn't a "little" deal.

                                                                                                                                              Perhaps one of the lawyers can jump in and provide a more thorough explanation for the benefit of all of the readers here. Above is just my overview... The process here at MojoHost is managed by our legal counselor, Corey Silverstein.

                                                                                                                                              Cheers,

                                                                                                                                              Brad
                                                                                                                                              President at MojoHost | brad at mojohost dot com | Skype MojoHostBrad
                                                                                                                                              71 industry awards for hosting and professional excellence since 1999

                                                                                                                                                Comment

                                                                                                                                                • DWB
                                                                                                                                                  Registered User
                                                                                                                                                  • Jul 2003
                                                                                                                                                  • 31779
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by Spudstr
                                                                                                                                                  Two wrongs make a right?
                                                                                                                                                  In this case, yes.

                                                                                                                                                    Comment

                                                                                                                                                    • Jack Sparrow
                                                                                                                                                      Almost goners..
                                                                                                                                                      • May 2008
                                                                                                                                                      • 11420
                                                                                                                                                      #38
                                                                                                                                                      Originally posted by Mutt
                                                                                                                                                      LOL - and you're with/own a hosting company. Yes a hosting company that hosts several large tube sites of the thieving variety.

                                                                                                                                                      NOWHERE in the Digital Millenium Copyright Act does it say anything about having to prove to a service provider that you own the content. NOWHERE.
                                                                                                                                                      So yes anybody can send out thousands of fraudulent DMCA takedown notices and the law protects service providers against that - a counter claim against the complainant which has its own penalties under the law.
                                                                                                                                                      Please provide proof of yf hosting illegal thieving tubes.
                                                                                                                                                      I'll be sending this to eric in a bit.

                                                                                                                                                        Comment

                                                                                                                                                        • Jack Sparrow
                                                                                                                                                          Almost goners..
                                                                                                                                                          • May 2008
                                                                                                                                                          • 11420
                                                                                                                                                          #39
                                                                                                                                                          Originally posted by VGeorgie
                                                                                                                                                          It's not like the text of the law is a secret. It's only on about 10,000 sites. Find a copy and show me where it says they can demand proof of copyright ownership.
                                                                                                                                                          Info comes straight from a lawyer thats very wellknown to adult and dmca. If you take those "texts of law" on 10000s of websites serious i feel sorry for you.

                                                                                                                                                            Comment

                                                                                                                                                            • d-null
                                                                                                                                                              . . .
                                                                                                                                                              • Apr 2007
                                                                                                                                                              • 13724
                                                                                                                                                              #40
                                                                                                                                                              can someone explain further this concept of a "copyright agent"? can you designate yourself as your own copyright agent, reachable only through email? I think I've seen it done that way before

                                                                                                                                                              __________________
                                                                                                                                                              Looking for a custom TUBE SCRIPT that supports massive traffic, load balancing, billing support, and h264 encoding? Hit up Konrad!
                                                                                                                                                              Looking for designs for your websites or custom tubesite design? Hit up Zuzana Designs
                                                                                                                                                              Check out the #1 WordPress SEO Plugin: CyberSEO Suite

                                                                                                                                                                Comment

                                                                                                                                                                • DWB
                                                                                                                                                                  Registered User
                                                                                                                                                                  • Jul 2003
                                                                                                                                                                  • 31779
                                                                                                                                                                  #41
                                                                                                                                                                  Originally posted by Jack Sparrow
                                                                                                                                                                  Please provide proof of yf hosting illegal thieving tubes.

                                                                                                                                                                  I'll be sending this to eric in a bit.

                                                                                                                                                                    Comment

                                                                                                                                                                    • Jack Sparrow
                                                                                                                                                                      Almost goners..
                                                                                                                                                                      • May 2008
                                                                                                                                                                      • 11420
                                                                                                                                                                      #42
                                                                                                                                                                      Originally posted by DirtyWhiteBoy
                                                                                                                                                                      posted twice it gets old

                                                                                                                                                                        Comment

                                                                                                                                                                        • VGeorgie
                                                                                                                                                                          Confirmed User
                                                                                                                                                                          • Nov 2008
                                                                                                                                                                          • 359
                                                                                                                                                                          #43
                                                                                                                                                                          Originally posted by Jack Sparrow
                                                                                                                                                                          Info comes straight from a lawyer thats very wellknown to adult and dmca. If you take those "texts of law" on 10000s of websites serious i feel sorry for you.
                                                                                                                                                                          Oh, that was easy, Just claim "some lawyer" told you otherwise. Look, the section on host liability is all of a couple of paragraphs. I'll help you: look in section 512(c). Find *anything* about the host having the right to determine the legitimacy of the copyright claim beyond accepting the sworn statement of the complaining party.

                                                                                                                                                                          You WON'T, because they CAN'T.

                                                                                                                                                                          Find the section in the law or otherwise you're just one more person making a false claim he can't back up. If I've misinterpreted the law, cite the exact paragraph. Or have your lawyer come here and do it for you.

                                                                                                                                                                            Comment

                                                                                                                                                                            • VGeorgie
                                                                                                                                                                              Confirmed User
                                                                                                                                                                              • Nov 2008
                                                                                                                                                                              • 359
                                                                                                                                                                              #44
                                                                                                                                                                              Originally posted by d-null
                                                                                                                                                                              can someone explain further this concept of a "copyright agent"? can you designate yourself as your own copyright agent, reachable only through email? I think I've seen it done that way before
                                                                                                                                                                              You can provide the email address for DMCA notices, but the Copyright Office wants more, and this information is not subject to privacy laws.

                                                                                                                                                                              (A) the name, address, phone number, and electronic mail address of the agent.

                                                                                                                                                                              (B) other contact information which the Register of Copyrights may deem appropriate.

                                                                                                                                                                              The operative word in sub-para A is "and." See Section 512(C)(2). Most of these hosts don't have a registered agent, making them ineligible for safe harbor anyway. Not that it matters, as hosts like Oron don't qualify anyway because of 512(C)(1)(b): they directly benefit financially from the infringing activity, and by paying a bounty to the uploader encourage the infringing activity.

                                                                                                                                                                                Comment

                                                                                                                                                                                • Jack Sparrow
                                                                                                                                                                                  Almost goners..
                                                                                                                                                                                  • May 2008
                                                                                                                                                                                  • 11420
                                                                                                                                                                                  #45
                                                                                                                                                                                  Originally posted by VGeorgie
                                                                                                                                                                                  Oh, that was easy, Just claim "some lawyer" told you otherwise. Look, the section on host liability is all of a couple of paragraphs. I'll help you: look in section 512(c). Find *anything* about the host having the right to determine the legitimacy of the copyright claim beyond accepting the sworn statement of the complaining party.

                                                                                                                                                                                  You WON'T, because they CAN'T.

                                                                                                                                                                                  Find the section in the law or otherwise you're just one more person making a false claim he can't back up. If I've misinterpreted the law, cite the exact paragraph. Or have your lawyer come here and do it for you.
                                                                                                                                                                                  You think i care enough about you to do that?

                                                                                                                                                                                  Really?

                                                                                                                                                                                    Comment

                                                                                                                                                                                    • d-null
                                                                                                                                                                                      . . .
                                                                                                                                                                                      • Apr 2007
                                                                                                                                                                                      • 13724
                                                                                                                                                                                      #46
                                                                                                                                                                                      Originally posted by VGeorgie
                                                                                                                                                                                      You can provide the email address for DMCA notices, but the Copyright Office wants more, and this information is not subject to privacy laws.

                                                                                                                                                                                      (A) the name, address, phone number, and electronic mail address of the agent.

                                                                                                                                                                                      (B) other contact information which the Register of Copyrights may deem appropriate.

                                                                                                                                                                                      The operative word in sub-para A is "and." See Section 512(C)(2). Most of these hosts don't have a registered agent, making them ineligible for safe harbor anyway. Not that it matters, as hosts like Oron don't qualify anyway because of 512(C)(1)(b): they directly benefit financially from the infringing activity, and by paying a bounty to the uploader encourage the infringing activity.
                                                                                                                                                                                      when you use the term "hosts", are you referring legally to the actual server location, or are you referring to an entity hosting, ie. any website?

                                                                                                                                                                                      __________________
                                                                                                                                                                                      Looking for a custom TUBE SCRIPT that supports massive traffic, load balancing, billing support, and h264 encoding? Hit up Konrad!
                                                                                                                                                                                      Looking for designs for your websites or custom tubesite design? Hit up Zuzana Designs
                                                                                                                                                                                      Check out the #1 WordPress SEO Plugin: CyberSEO Suite

                                                                                                                                                                                        Comment

                                                                                                                                                                                        • Agent 488
                                                                                                                                                                                          Registered User
                                                                                                                                                                                          • Feb 2006
                                                                                                                                                                                          • 22511
                                                                                                                                                                                          #47
                                                                                                                                                                                          http://www.plagiarismtoday.com/2007/...wn-dmca-agent/

                                                                                                                                                                                          http://www.freelancewritinggigs.com/...for-your-site/

                                                                                                                                                                                            Comment

                                                                                                                                                                                            • DWB
                                                                                                                                                                                              Registered User
                                                                                                                                                                                              • Jul 2003
                                                                                                                                                                                              • 31779
                                                                                                                                                                                              #48
                                                                                                                                                                                              Originally posted by Jack Sparrow
                                                                                                                                                                                              posted twice it gets old

                                                                                                                                                                                                Comment

                                                                                                                                                                                                • VGeorgie
                                                                                                                                                                                                  Confirmed User
                                                                                                                                                                                                  • Nov 2008
                                                                                                                                                                                                  • 359
                                                                                                                                                                                                  #49
                                                                                                                                                                                                  Originally posted by Jack Sparrow
                                                                                                                                                                                                  You think i care enough about you to do that?

                                                                                                                                                                                                  Really?

                                                                                                                                                                                                  Proving you're not just talking out of your ass isn't for me, pal, it's for you.

                                                                                                                                                                                                    Comment

                                                                                                                                                                                                    • VGeorgie
                                                                                                                                                                                                      Confirmed User
                                                                                                                                                                                                      • Nov 2008
                                                                                                                                                                                                      • 359
                                                                                                                                                                                                      #50
                                                                                                                                                                                                      Originally posted by d-null
                                                                                                                                                                                                      when you use the term "hosts", are you referring legally to the actual server location, or are you referring to an entity hosting, ie. any website?
                                                                                                                                                                                                      A "host" is anyone that literally delivers content, or is involved in the delivery of the content. It can be a website, ISP, hosting company, and many other entities.

                                                                                                                                                                                                      The DMCA was written to provide an exclusion for Internet service providers, but websites have adopted the safe harbor provisions as also covering them. This works as long as the site derives no direct financial gain from the infringement. So, Google is covered because they don't charge. Oron and their ilk are not.

                                                                                                                                                                                                        Comment

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