Originally Posted by CS-Jay

Does ccbill even come to GFY?

Originally Posted by corvette

Ripshit, I assure you that we take the issue with clients using unlicensed content very seriously. You will not find any clients that are still processing with us that we have received multiple dmca notices on. In many cases, it is difficult to tell what sites have unlicensed content, and we are not in a position to shut the billing mechanism down of one of our clients if we ?suspect? that they are using unlicensed content.

In any case, I understand this is hot topic and rightfully so. If/when we receive dmca notices that indicate one of our clients is using content they do not have a right to use, that client will not be processing with us any longer. Now I understand that the immediate response to my post by some will be ?well, you guys should just know when a site is using other peoples content and not accept it.? but the reality is that the staff in CCBill policy review do not have a way of knowing for certain whether a site is using content that they are not allowed to use and by law we have to abide by the DMCA

It is very simple process to send us DMCA notices, you don?t need an attorney and it only takes a few moments (see below) and if/when contacted, we will hold your hand through this very quick process. ([email protected], icq 45471840).

If your content is on somebody elses site without your permission, we want to know about it as much as you do


As an ISP, CCBill follows the procedures prescribed by the Digital Millennium Copyright Act (DMCA) for notification, takedown, and counter-notification. If you believe that a CCBill client has something on a website that constitutes infringement of your copyrights, or if any of your other intellectual property rights have been violated, please provide the following information to CCBill's Registered DMCA Agent:
1. Your electronic or physical signature.
2. A description of the copyrighted work and where the original work is located.
3. A description of where the infringement is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the work is not authorized by the copyright owner, agent, or the law.
6. A statement by you, that under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Please send all legal notices to:
http://businesscenter.ccbill.com/htm...copyright.html

Originally Posted by JMM

Let me see if I can clearly explain why a company like CCBill cannot act until they are notified.

The DMCA provides service providers a safe harbor from liability IF they act expeditiously when notified of infringement (A DMCA letter).

Failure to act when properly notifed exposes a company like CCBill to the same liability as the direct infringer.

Now, here is the problem:

CCBill processes for tens of thousands of sites, some of which I am certain deal in stolen content.

If CCBill were to cease processing on sites that they THINK, or BELIEVE are dealing in stolen content WITHOUT being notified by the rights holder, they would then assume the liability for ALL sites that they process for.

So in otherwords, site A, B, and C are all dealing in stolen content. CCBill, acting on a hunch, or a belief, cancels processing for sites A and B (without ever receiving a DMCA notice from the rights holder of the content).

They miss site C, also dealing in stolen content, and continue processing.

They have now assumed the liability for the infringing activity of site C.

The argument would be made, hey..you nixed A and B, but you continued to process for C. You believed that A and B were dealing in stolen content, well you should have believed site C was also.

Pay up.

That is why the DMCA notice was provided for in the DMCA. That is why companies like CCBill, eBay, etc CANNOT act in advance without proper notification, but MUST and do act upon proper notification.

It is all about liability.

Hope that clears things up.