Alex911 |
08-22-2012 05:05 AM |
Not totally sure this is relevant to this thread but firstload.com which is advertising on http://www.filestube.com (a filelocker search engine) - with keywords that refer to stolen copyrighted content - is still using CCBILL as a payment processor !!! Just take a look on filestube.com' first 3 sponsored links and you'll see that firstload is charging access to Usenet with CCBILL (with the same keywords used by pirates to promote their links on Filelockers).
https://www.firstload.com/signup/ccbill_cc/index.php
Here's an interesting exchange we had with them:
Quote:
FROM:18CloseUpCash.com
DMCA/EUCD NOTICE of COPYRIGHT/TRADEMARK INFRINGEMENT
[...]
I am forwarding the following/attached notice of copyright infringement.
The infringing materials must be removed from your servers of the site
mentioned above within 24 hours, or under the Digital Millennium Copyright Act (DMCA)/(EUCD), I will forward this
complaint with full legal action against the owners/managers of content
hosted as the domain holder is ignoring any requests and re uploads
copyright content which is expressly protected under the DMCA 1998.
In order to preclude any difficulties, I urge you to take positive action
and remove any material from your site and with immediate effect cease
selling/using any products produced by 18CloseUp Cash that you do not
hold the copyright or a valid license for.
-
18CloseUp Cash
http://www.18closeupcash.com
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Quote:
FROM: Christoph Leitgeb via RT
Dear Bart ,
In regard to your request we would like to state our general position on the issue.
Firstload is solely an access provider for Usenet. Usenet is a world-wide electronic network
similar to the world wide web. This network contains various categories, so called 'newsgroups'.
The content of usenet is neither administered by firstload nor can firstload add or delete
data at will.
The software 'Lumac' was developed and made available by firstload exclusively for end-use
customers of firstload.
The sole purpose of the newsreader 'Lumac' is browsing usenet for files, comparable to the
operating mode of an internet search engine. Similar to the operating mode of a search engine
you are free to search for anything you like by inputting whatever you can think of. The search
engine itself does not have any influence whatsoever on the availability of files on the web.
It merely displays the detection and location of the respective search item.
In your particular case this means the following:
The only way for us to comply with your request is to browse usenet for the objectionable
content ourselves and block search results for said content in our client 'Lumac' if necessary.
This course of action ensures that the search for the files in question no longer yields any
results in 'Lumac'.
On principle the actual availability of content in usenet needs to be verified first.
Please keep in mind that a link reaching us from a third-party reseller may sometimes result in
a 'false positive' i.e. data which does not actually exist on usenet and thus cannot be found
on the Firstload usenet index appears to be available on usenet by virtue of aforementioned
link. These links are automatically generated by said third-party resellers.
In this case not even blocking the search results is possible as the content is actually NOT
available on usenet.
Compliance with existing law is the duty of end users as expressly stated in our terms of use
under article 4 'obligations of the customer', in particular 4.3. and 4.4..
In the present case we confirm in accordance with our explanation above that we have thoroughly
searched usenet for the content in question and could not find said content in Usenet.
We hereby declare explicitly that Firstload as access provider does not have any influence
whatsoever on form, content or size of Usenet and hence cannot be held accountable for the
alleged existence of data/files on usenet.
In conclusion, we may also point out that the content of usenet is subject to change every day
and objectionable content may no longer exist on Usenet by the time your complaint reaches us.
Firstload as access provider has no hand in the composition of the content of usenet and,
accordingly, does not accept any responsibility whatsoever for the use thereof.
We hope to have been of service to you.
Yours faithfully,
Firstload Support
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Quote:
FROM: 18CloseUpCash.com
Dear [email protected],
As you did not take immediate actions to remove the links infringing our copyrights, let me be totally clear: I understand how Usenet works and that the files that are available on this network may have been uploaded by third party/newsgroups. And I agree with you on one thing: you are not accountable for the files that are available on Usenet. Nevertheless, let me remind you that it is in your interest to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and that if you receive such a notice for infringing links subject to DMCA takedown notices that are indexed by your search engine LUMAC, you should disable access to that content and remove those links immediately.
In addition, you are sponsoring http://www.filestube.com with keywords that are explicitly referring to our copyrighted work (18closeup com, 18 close up, 18closeup jenna, 18closeup anna, emoteenpussy, emoteenpussy com, etc.), and which makes you the direct beneficiary of the sales generated from the indexation of your search engine by advertising this stolen content/copyrighted content on filestube.com as if it was your own. In other words, you are charging access to Usenet with your CCBILL client account (through your website firstload.com) to profit from this misleading advertisement. Let me remind you that this practice could lead to charges that include racketeering, conspiracy to commit copyright infringement, and money laundering.
As you are referring to your search engine LUMAC, please note that other search engines like Filestube.com or Google.com comply with the law and if you refuse to do so, we will take all appropriate actions, including sending an immediate DMCA report to your hosting company to enforce that rule or remove the offending website itself.
If you fail to comply, we will be sending a copy of this email to [email protected] to inform them that you are sponsoring their website with stolen content/copyrighted content. If you don't remove those sponsored ads to our copyrighted work immediately, they will, but they may have to renounce to your sponsoring as a whole for technical reasons.
We will also send a copy of this email to [email protected] to inform them that your account 943922 is being used to advertise stolen content/copyrighted content and that you are using their platform to charge access to Usenet for your members that allegedly infringe our copyrights. If you don't remove those sponsored ads to our copyrighted work immediately, they'll probably have to close your client account and report you to the concerned authorities.
It is in the interest of both our companies to find an amicable solution.
Please remove all links, files, folders, photos, videos & articles with the name http://www.18closeup.com, 18closeup.com, 18closeup, 18 closeup, 18closeup videos, 18closeup torrent, 18closeup torrents, 18closeup e-books, 18closeup Kindle eBook, 18closeup films, 18cl0seUp, 18-closeup, [18closeup], 18closeup [SiteRip], 18closeup screens, 18closeup DvdRip, 18closeup SiteRip, 18closeup complete site-rip, 18closeup passwords, 18closeup password, 18closeup.com [full site rip] etc.
Please remove all links, files, folders, photos, videos & articles with the name http://www.emoteenpussy.com, emoteenpussy.com, emoteenpussy, emo teen pussy, emoteenpussy videos, emoteenpussy torrent, emoteenpussy torrents, emoteenpussy e-books, emoteenpussy Kindle eBook, emoteenpussy films, em0teenpu$$y, emo_teen_pussy, [emoteenpussy], emoteenpussy [SiteRip], emoteenpussy screens, emoteenpussy DvdRip, emoteenpussy SiteRip, emoteenpussy complete site-rip, emoteenpussy passwords, emoteenpussy password, emoteenpussy.com [full site rip] etc.
Best regards,
18closeup.com
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