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freecartoonporn

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#1

How can i make pirate site to loose their .com domain ?

06-12-2015, 09:57 AM

How can i make pirate site to loose their .com domain ?

there is this pirate site , using .com domain, having copyrighted content of mine.
i tried sending valid DMCA , no reply , nada.. pure silence.

so how can i make them loose their .com domain ?

and get this showed on it ?

how much $$$ and time do i need ?
any lawyers here ?

thanks for your time., have a great day.

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JimmyStephans

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06-12-2015, 10:07 AM

Easy...

1- File a lawsuit in Federal Court. Serve the papers on the bad guy.

2- If you don't know who it is, make motion to court to have service done by email and posting.

2- File motion with the court to have the domain placed on hold by Verisign so it can't be sold, moved, and the identity of owner revealed.

3- Serve copy of the motion on the bad guy.

4- If he doesn't show up in court you get a judgement by default. If he does you have a trial over the copyright issues (and should win if you are the copyright owner).

5- No matter what happens in step 4 you have a hearing to award you damages. As you prepare for that you ask the judge to give you the domain as part of the award.

Or.... You can complain to ICANN that the domain name information is fake - which means the domain can be shut down - but it rarely happens.

https://forms.icann.org/en/resources...naccuracy-form

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AdultKing

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#3

06-12-2015, 10:12 AM

Originally posted by JimmyStephans

Easy...

1- File a lawsuit in Federal Court. Serve the papers on the bad guy.

2- If you don't know who it is, make motion to court to have service done by email and posting.

2- File motion with the court to have the domain placed on hold by Verisign so it can't be sold, moved, and the identity of owner revealed.

3- Serve copy of the motion on the bad guy.

4- If he doesn't show up in court you get a judgement by default. If he does you have a trial over the copyright issues (and should win if you are the copyright owner).

5- No matter what happens in step 4 you have a hearing to award you damages. As you prepare for that you ask the judge to give you the domain as part of the award.

Or.... You can complain to ICANN that the domain name information is fake - which means the domain can be shut down - but it rarely happens.

https://forms.icann.org/en/resources...naccuracy-form
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Barry-xlovecam

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#4

06-12-2015, 11:29 AM

Hire a lawyer if you are serious about a civil suit -- this is not easy Judge Judy bullshit

email is not personal service in the US Courts https://www.law.cornell.edu/rules/frcp/rule_4
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freecartoonporn

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#5

06-12-2015, 11:38 AM

Originally posted by JimmyStephans

Easy...

1- File a lawsuit in Federal Court. Serve the papers on the bad guy.

2- If you don't know who it is, make motion to court to have service done by email and posting.

2- File motion with the court to have the domain placed on hold by Verisign so it can't be sold, moved, and the identity of owner revealed.

3- Serve copy of the motion on the bad guy.

4- If he doesn't show up in court you get a judgement by default. If he does you have a trial over the copyright issues (and should win if you are the copyright owner).

5- No matter what happens in step 4 you have a hearing to award you damages. As you prepare for that you ask the judge to give you the domain as part of the award.

Or.... You can complain to ICANN that the domain name information is fake - which means the domain can be shut down - but it rarely happens.

https://forms.icann.org/en/resources...naccuracy-form

Thanks for detailed procedure.,

Can you tell me how many days will it takes aprrox ?. or how much $$ if i hire lawyer for this ?

Thanks

Originally posted by Barry-xlovecam

Hire a lawyer if you are serious about a civil suit -- this is not easy Judge Judy bullshit

email is not personal service in the US Courts https://www.law.cornell.edu/rules/frcp/rule_4

Point taken., thanks

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2MuchMark

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#6

06-12-2015, 11:48 AM

Originally posted by freecartoonporn

How can i make pirate site to loose their .com domain ?

there is this pirate site , using .com domain, having copyrighted content of mine.
i tried sending valid DMCA , no reply , nada.. pure silence.

so how can i make them loose their .com domain ?

and get this showed on it ?

how much $$$ and time do i need ?
any lawyers here ?

thanks for your time., have a great day.

Did you escalate this to his ISP?

We have never had to sue anyone. When takedown notices are ignored, we just file it with whoever is hosting it. They then tell their client to remove the content or else be shut down.
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JimmyStephans

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#7

06-12-2015, 03:26 PM

Originally posted by Barry-xlovecam

email is not personal service in the US Courts https://www.law.cornell.edu/rules/frcp/rule_4

Generally true, but exceptions are made often. I recall a Liberty Media (the CorbinFisher.com guy) case in which it was done by email but can't find it right now.

Here are some older notes about it:

approving service by email

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Barry-xlovecam

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#8

06-12-2015, 05:02 PM

Originally posted by JimmyStephans

Generally true, but exceptions are made often. I recall a Liberty Media (the CorbinFisher.com guy) case in which it was done by email but can't find it right now.

....

Williams v. Advertising Sex LLC 231 F.R.D. 483 (N.D.W. Va. 2005)

[R]ather, we reverse the district
court’s order denying Williams’ motion to reconsider the issue,
and instruct the court to enter default judgments against the
Default Defendants as had been sought by Williams. 2
REVERSED
2
We note that the Default Defendants are commercial
enterprises and persons involved in the distribution of adult
Internet content.
These relatively sophisticated litigants
pursued a litigation strategy that carried the real possibility
of having a default judgment entered against them. Nonetheless,
the Default Defendants failed to enter an appearance before the
district court or this court at their own peril.

http://www.ca4.uscourts.gov/opinions...d/091412.U.pdf

Note that it is from the Appeals Court. The US District Court dismissed the suit for insufficient service. The Appeals Court reversed the District Court on the grounds that because the Defendants were foreign to the US Courts they would allow a default judgement based on an alternative electronic mail (email) proof of service.

The Court made a rather ominous note:"We note that the Default Defendants are commercial enterprises and persons involved in the distribution of adult Internet content." So, if you are a pornographer the Court may limit your rights

The decision would possibly be very narrowly interpreted to foreign litigants and is only precedential in the 9th US District.

I would go the administrative routes first with ICANN (false filing information complaints) and the ISP (Hosts) and Registrars {copyright infringement issues} first. Having to take a case into appeal in the US Courts is something you would be very lucky to succeed in pro se.
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freecartoonporn

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#9

06-12-2015, 08:54 PM

Originally posted by MarkPrince

Did you escalate this to his ISP?

We have never had to sue anyone. When takedown notices are ignored, we just file it with whoever is hosting it. They then tell their client to remove the content or else be shut down.

host is outside US, i tried their abuse contact and nothing.

Originally posted by JimmyStephans

Generally true, but exceptions are made often. I recall a Liberty Media (the CorbinFisher.com guy) case in which it was done by email but can't find it right now.

Here are some older notes about it:

approving service by email

thanks.,

Originally posted by Barry-xlovecam

Note that it is from the Appeals Court. The US District Court dismissed the suit for insufficient service. The Appeals Court reversed the District Court on the grounds that because the Defendants were foreign to the US Courts they would allow a default judgement based on an alternative electronic mail (email) proof of service.

The Court made a rather ominous note:"We note that the Default Defendants are commercial enterprises and persons involved in the distribution of adult Internet content." So, if you are a pornographer the Court may limit your rights

The decision would possibly be very narrowly interpreted to foreign litigants and is only precedential in the 9th US District.

I would go the administrative routes first with ICANN (false filing information complaints) and the ISP (Hosts) and Registrars {copyright infringement issues} first. Having to take a case into appeal in the US Courts is something you would be very lucky to succeed in pro se.

how would i know if they have false information, they are using privacy protect service.

what if while case is ongoing they chnage/switch the domain ?

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baggg

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#10

06-12-2015, 10:00 PM

The host has nothing to do with the domain most of the time.If you wanna kil the host,dmca the host but the guy will still have the domain.
Go for the registrar,if its godaddy you in for an easy one
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TheDA

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#11

06-13-2015, 01:20 AM

Depending on their domain registrar, you might get the registrar to take their domain back if you file a DMCA with them.

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BaldBastard

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#12

06-13-2015, 04:02 AM

Regarding that Williams case, although she won, because no one turned up, as far as I know she's never collected a dime, nor was a domain removed.
I was one of the 59 and my legal advise was wait til she try's to collect and we will bring her into an Australian court. Every fact she stated about my involvement was false and provable from me. Was difficult to watch the, Judges and USA court system further slander myself and company name based on that false evidence.
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Barry-xlovecam

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#13

06-13-2015, 04:46 AM

Originally posted by freecartoonporn

host is outside US, ...

how would i know if they have false information, they are using privacy protect service.

what if while case is ongoing they chnage/switch the domain ?

Us the privacy company in the USA or the same country you will file a lawsuit in? Join the privacy address advocate company as a Defendant, to the lawsuit, they will roll over on their client>>?

Piercing the Veil
A civil complainant needs a method for reaching
an infringer other than the subpoena
process, which gives the infringer a heads-up
notice and time to move its activities to
another location on the Internet. Fortunately
for complainants, there is a way to ensure
almost immediate disclosure of a domain
owner?s true identity. This method is derived
from a policy that appears common to private
registration services: Once a legal process is
initiated against a service, it will substitute its
customer?s contact information into the Whois
database in place of its own to protect itself
from liability

http://www.lacba.org/Files/LAL/Vol29No2/2249.pdf

Here are some interesting ideas

NameCheap Sued Over WhoisGuard | Domain Name Wire

It?s common for someone to name a domain name registrar or whois privacy service in a lawsuit as a way to get the actual registrant disclosed. That might be all that Emergency Essentials wants here regarding the domain name theemergencyessentials.com.

But the plaintiff claims that WhoisGuard was not responsive to its earlier inquiries. It faxed and mailed a cease and desist letter to the whois privacy address in January. The fax was allegedly delivered but the certified letter was returned undeliverable. No one responded to the letters.

Then in March Emergency Essentials sent a cease & desist letter directly to NameCheap.

In its suit, Emergency Essentials writes:

As of the filing of the present litigation, WhoisGuard had failed to identify any other owner of the website. Therefore, WhoisGuard is responsible for the content of the website

The company also named web host BlueHost in its complaint.

Responding to the suit won?t be free. And thus, providing whois privacy services isn?t free.

For discussion purposes only -- not legal advice.
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Barry-xlovecam

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#14

06-13-2015, 05:07 AM

Originally posted by MrBaldBastard

Regarding that Williams case, although she won, because no one turned up, as far as I know she's never collected a dime, nor was a domain removed.
I was one of the 59 and my legal advise was wait til she try's to collect and we will bring her into an Australian court. Every fact she stated about my involvement was false and provable from me. Was difficult to watch the, Judges and USA court system further slander myself and company name based on that false evidence.

Interesting. Only the lawyers won -- they cashed out on the deal
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BaldBastard

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#15

06-13-2015, 09:06 AM

She represented herself, I think she just kept trying with the sob story so hard that they eventually just gave it to her. I ended up with 1.8 million in fines, based on a text link, on a test page, with a broken link to the sponsor, ie no images, no profit made in her name, a line of text on a spam page.. I never made, had some outfit in Ukraine do a batch of auto generated pages for me.... Only in Amerika
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