Copyright Laws in Spain (advice pls)

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  • Amysworld
    Confirmed User
    • Nov 2005
    • 1578
    #1

    Copyright Laws in Spain (advice pls)

    So I find a site that has content that I need taken down. They dont have permission to use this. Anyhow, I find the contact details and I email a formal DMCA letter.

    I receive a letter back saying:
    "Hi Amy, we are a hosting company. You'll have to complaint directly to the webmaster, sorry."

    I respond with, please give me the contact email for the webmaster to this site.

    He responds with:
    "Hi Amy, if our customer register the domain with illegal characters, not allowed by ICANN, then the domain is registered with a default data, our company profile.
    We cannot provide any information of our clients. Here in Spain there is an strict protection data law. Please tell your lawyer he will have to ask for this info directly to a judge. We cannot provide any personal data without judge authorization."

    So what now? If he is the hosting company, isnt he responsible for what is on his server? Can I send a formal complaint to google?
    Tags: None
    • Machete_
      WINNING!
      • Oct 2002
      • 14579
      #2
      Tell them you will send an abuse report to their upstream provider and have their hosting shut off.

        Comment

        • Amysworld
          Confirmed User
          • Nov 2005
          • 1578
          #3
          Originally posted by Machete_
          Tell them you will send an abuse report to their upstream provider and have their hosting shut off.
          Thanks so much.

            Comment

            • Mefo
              Confirmed User
              • Jun 2002
              • 6169
              #4
              I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count. And also data protection always counts heavier than copyright...

                Comment

                • Amysworld
                  Confirmed User
                  • Nov 2005
                  • 1578
                  #5
                  Originally posted by Mefo
                  I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count. And also data protection always counts heavier than copyright...
                  So they are protected because of "data protection"?

                    Comment

                    • Machete_
                      WINNING!
                      • Oct 2002
                      • 14579
                      #6
                      Originally posted by Mefo
                      I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count.
                      Europe has pretty much the same thing. They have the Copyright Directive or EUCD.

                        Comment

                        • boneless
                          Confirmed User
                          • Dec 2002
                          • 3625
                          #7
                          Originally posted by Machete_
                          Tell them you will send an abuse report to their upstream provider and have their hosting shut off.
                          whatabout the registrar of the domain, cant they do anything?
                          icq:148573096 skype:dabone2 email:boneless(a)mgpteam(.)com

                            Comment

                            • Amysworld
                              Confirmed User
                              • Nov 2005
                              • 1578
                              #8
                              Originally posted by boneless
                              whatabout the registrar of the domain, cant they do anything?
                              They are listed as the registrar.

                                Comment

                                • Machete_
                                  WINNING!
                                  • Oct 2002
                                  • 14579
                                  #9
                                  Originally posted by Amysworld
                                  They are listed as the registrar.
                                  Then also tell them you will file a complaint with ICANN.

                                  You don't have to contact the webmaster. The content is on THEIR servers (their property) and they are violating the copyright laws.

                                    Comment

                                    • lagcam
                                      Confirmed User
                                      • Jul 2007
                                      • 2890
                                      #10
                                      Try reading this http://www.webhostingtalk.com/showthread.php?t=973036
                                      Working Cam site for sale - NOT affiliate.

                                        Comment

                                        • Amysworld
                                          Confirmed User
                                          • Nov 2005
                                          • 1578
                                          #11
                                          Originally posted by lagcam
                                          Try reading this http://www.webhostingtalk.com/showthread.php?t=973036
                                          Good read... still reading. Thanks

                                            Comment

                                            • WiredGuy
                                              Pounding Googlebot
                                              • Aug 2002
                                              • 34512
                                              #12
                                              The hosting company can't forward the complaint on your behalf to the client? I never get DMCA's directly, they always go to the host and the host sends it to me.
                                              WG
                                              I play with Google.

                                                Comment

                                                • Amysworld
                                                  Confirmed User
                                                  • Nov 2005
                                                  • 1578
                                                  #13
                                                  Originally posted by WiredGuy
                                                  The hosting company can't forward the complaint on your behalf to the client? I never get DMCA's directly, they always go to the host and the host sends it to me.
                                                  WG
                                                  This is what I was thinking. I even mentioned that to him. He didnt want to hear it and doesnt want to help. I just sent him an email about filing a complaint with ICANN. So I will see what he says.

                                                    Comment

                                                    • scouser
                                                      marketer.
                                                      • Aug 2006
                                                      • 2280
                                                      #14
                                                      isn't pirating legal in spain as long as its not for profit? or something along those lines. its deff a lot less strict than in the us.

                                                        Comment

                                                        • gideongallery
                                                          Confirmed User
                                                          • Aug 2003
                                                          • 7082
                                                          #15
                                                          Originally posted by Amysworld
                                                          So they are protected because of "data protection"?
                                                          no you have to file the appropriate paperwork for the country you are dealing with

                                                          stop expecting US laws to punish NON US citizens.


                                                          btw sending a notice to the upstream provider, has a liability too, remember your effectively censoring every hosted site because you don't want to file the appropriate paper work, and they are obeying the privacy laws of their country.

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

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