DMCA issue, help needed

[mrpornlive]

Hello GFY members. I own a porn list that is online since 8 months.

Today just received a DMCA infrigement notice (97 in total listed).

On my category : free hentai I list many hentai tube sites and two of them have posted some videos and mangas without copyrights.

I already mentioned in my footer that I am not responsible for the content of the websites listed on my site.

it will for sure happen again in the future as I list more than 800 sites, how can I protect myself from this kind of issue ? and how can I contest this decision ?

Thank you so much for your help !!

[bugmenot4real]

Don't list sites with DMCA issues.

[nikki99]

Originally Posted by mrpornlive

I am not responsible for the content of the websites listed on my site.

[CaptainHowdy]

Originally Posted by bugmenot4real

Don't list sites with DMCA issues.

[mrpornlive]

Originally Posted by nikki99

Pardon my English lol I am French. Dont know what to write

[SpicyM]

Originally Posted by bugmenot4real

Don't list sites with DMCA issues.

[mrpornlive]

Mrporngeek, the sites I have issues with are also listed on Mrporngeek, what do you mean then? one of them is : ASMhentai.com

[CurrentlySober]

Originally Posted by mrpornlive

one of them is : ASMhentai.com

https://asmhentai.com/g/183723/

Fap fap fap...

[zijlstravideo]

Maybe the content shown on the screenshot of one of those external websites shows copyrighted materials?

[mrpornlive]

I don't believe it is because of the screenshot. Here is one of the 97 complaints I received :

Copyright claim #1
KIND OF WORK:Unspecified
DESCRIPTIONCopyrighted doujinshi and comics owned by Fakku LLC. Pursuant to 17 USC 512(c)(3)(A)(ii) the official website for 'Fakku' includes a commulative episode list at the below url:
ORIGINAL URLS: Hentai Manga, Anime, Games and Comics - FAKKU - 1 URL
ALLEGEDLY INFRINGING URLS:
Best Porn Sites and Free porn of 2021 - Mrpornlive - 1 URL

[SpicyM]

Originally Posted by mrpornlive

I already mentioned in my footer that I am not responsible for the content of the websites listed on my site.

.. but you are aware that they are thieves, right?

[zijlstravideo]

They even DMCA'd your index?
Hmmm, weird case... Maybe they did actually just mass DMCA'd all those websites that were linking to it.

Don't fuck with Fakku!

(For real, google their history of legal battles)

[mrpornlive]

Originally Posted by zijlstravideo

They even DMCA'd your index?
Hmmm, weird case... Maybe they did actually just mass DMCA'd all those websites that were linking to it.

Don't fuck with Fakku!

(For real, google their history of legal battles)

Just checked, they not kidding it could be possible that they did a mass DMCA.

But more than 100 index point to them so don't know how to deal with this

[LouiseLloyd]

Bogus DMCA claims from another cowboy DMCA agent.

Perhaps one of the resident GFY Law experts, if they still exist, can offer some advice to the community on finally dealing with these cowboys.

Obvious just mass notice claims, no checking whatsoever, someone paying them for a bot to crawl and serve notices without any validations, costs legitimate webmasters time, money and emotional distress.

Such business are no more worthy than pirates in this industry, in fact since killing of file lockers it's probably their new business model.

SCUM!

Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA takedown notice or counter-notice. See 17 U.S.C. § 512(f). So, if you claim in a counter-notice that your content does not infringe the complaining party's copyrighted work while knowing this to be false, then the copyright owner can win damages from you, including court costs and attorneys' fees stemming from your wrongful counter-notice. Note, however, that this provision also works against a person or company sending a wrongful takedown notice. If someone claims in a takedown notice that you are infringing their copyrighted material while knowing this to be false, then you can win damages from them in a lawsuit. In recent years, the targets of wrongful takedowns have fought back and won damages and favorable settlements from individuals and companies sending bogus takedown notices.

Name and shame the claimant/agent.

[mrpornlive]

wow thanks for your answer. Indeed some law expert here would be appreciated

is it enough to write that we don't own the sites we list or advertise and that we are not responsible for their DMCA issues? It is impossible to list 1000 sites and check every single video they post :-(

[zijlstravideo]

Originally Posted by mrpornlive

wow thanks for your answer. Indeed some law expert here would be appreciated

is it enough to write that we don't own the sites we list or advertise and that we are not responsible for their DMCA issues? It is impossible to list 1000 sites and check every single video they post :-(

"I didn't know"... That site you're listing literally hosts over 1100 pages filled with full length comics, even entire paysite libraries, it's obviously pirated.

Go support the actual artists instead (most have an affiliate option).

[Holy Damage]

So, you are responsible for someone else content, even If you are a review site? lol

[RycEric]

Originally Posted by mrpornlive

Hello GFY members. I own a porn list that is online since 8 months.

Today just received a DMCA infrigement notice (97 in total listed).

On my category : free hentai I list many hentai tube sites and two of them have posted some videos and mangas without copyrights.

I already mentioned in my footer that I am not responsible for the content of the websites listed on my site.

it will for sure happen again in the future as I list more than 800 sites, how can I protect myself from this kind of issue ? and how can I contest this decision ?

Thank you so much for your help !!

You are linking to illegal hentai sites. The law is the law. By linking to them, you are giving them authority and the reason the notice was sent. Also you have no registered agent on file with the US copyright office, thus, have no safe harbor in the US where the site is being rendered.

[RycEric]

Originally Posted by LouiseLloyd

Bogus DMCA claims from another cowboy DMCA agent.

Perhaps one of the resident GFY Law experts, if they still exist, can offer some advice to the community on finally dealing with these cowboys.

Obvious just mass notice claims, no checking whatsoever, someone paying them for a bot to crawl and serve notices without any validations, costs legitimate webmasters time, money and emotional distress.

Such business are no more worthy than pirates in this industry, in fact since killing of file lockers it's probably their new business model.

SCUM!




Name and shame the claimant/agent.

Actually, it's 100% on point and you have absolutely no clue what you are talking about.

[RycEric]

Originally Posted by mrpornlive

I don't believe it is because of the screenshot. Here is one of the 97 complaints I received :

Copyright claim #1
KIND OF WORK:Unspecified
DESCRIPTIONCopyrighted doujinshi and comics owned by Fakku LLC. Pursuant to 17 USC 512(c)(3)(A)(ii) the official website for 'Fakku' includes a commulative episode list at the below url:
ORIGINAL URLS: Hentai Manga, Anime, Games and Comics - FAKKU - 1 URL
ALLEGEDLY INFRINGING URLS:
Best Porn Sites and Free porn of 2021 - Mrpornlive - 1 URL

You got hit, on only one url, and this data is current through this afternoon 8-4.
https://transparencyreport.google.co..._explor ation

[RycEric]

Originally Posted by zijlstravideo

They even DMCA'd your index?
Hmmm, weird case... Maybe they did actually just mass DMCA'd all those websites that were linking to it.

Don't fuck with Fakku!

(For real, google their history of legal battles)

No, it was not against his index page at all.
Aug 1, 2021 9:15:19 PM ‎(PDT)‎ 8-4403000031964

It was against domain/free-hentai

[AmeliaG]

Originally Posted by zijlstravideo

"I didn't know"... That site you're listing literally hosts over 1100 pages filled with full length comics, even entire paysite libraries, it's obviously pirated.

Go support the actual artists instead (most have an affiliate option).

Yes, this.

[Holy Damage]

Originally Posted by RycEric

You are linking to illegal hentai sites. The law is the law. By linking to them, you are giving them authority and the reason the notice was sent. Also you have no registered agent on file with the US copyright office, thus, have no safe harbor in the US where the site is being rendered.

Idk why they are aiming for his site which is tiny compared to other review sites... I saw the same site on big review sites and nothing happened so far

[RycEric]

Originally Posted by Holy Damage

Idk why they are aiming for his site which is tiny compared to other review sites... I saw the same site on big review sites and nothing happened so far

Another not in the know. They send illegal counters from Belgium.

[TaiGhost]

In addition to what RYC said there are only 1-2 legal distributors of Japanese hentai content. If you license from them you are covered. The rest is totally stolen contents. No wonder the industry is struggling to stay afloat.

Thieves, pirates and other losers.

[bugmenot4real]

Originally Posted by Holy Damage

So, you are responsible for someone else content, even If you are a review site? lol

Yes.

just out of Curiosity: how old are you?

[Denny]

-------------------

[LouiseLloyd]

So let me get this straight, this guy creates a link site which links to a dubious site and that is the sole reason for the DMCA complaints, and to confirm the site itself contains no infringing content whatsoever.

Am I missing something, still sounds like a bogus DMCA complaint if you ask me. Since when did linking to a site cause DMCA infringement? If I'm not in the know then I will hold my hands up, but this was my understanding:

Linking to Copyrighted Materials

No court has ever found that deep linking to another website constitutes copyright or trademark infringement. Therefore, you can link to other websites without serious concerns about legal liability for the link itself, with the exception of activities that might be contributory copyright infringement or trafficking in circumvention technology.

[RycEric]

Originally Posted by LouiseLloyd

So let me get this straight, this guy creates a link site which links to a dubious site and that is the sole reason for the DMCA complaints, and to confirm the site itself contains no infringing content whatsoever.

Am I missing something, still sounds like a bogus DMCA complaint if you ask me. Since when did linking to a site cause DMCA infringement? If I'm not in the know then I will hold my hands up, but this was my understanding:

I'm not asking you and yes you are missing something.

https://www.law.cornell.edu/wex/cont...y_infringement
One who knowingly induces, causes or materially contributes to copyright infringement, by another but who has not committed or participated in the infringing acts him or herself, may be held liable as a contributory infringer if he or she had knowledge, or reason to know, of the infringement. See, e.g., Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005); Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984).

[SpicyM]

Originally Posted by RycEric

I'm not asking you and yes you are missing something.

https://www.law.cornell.edu/wex/cont...y_infringement
One who knowingly induces, causes or materially contributes to copyright infringement, by another but who has not committed or participated in the infringing acts him or herself, may be held liable as a contributory infringer if he or she had knowledge, or reason to know, of the infringement. See, e.g., Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913 (2005); Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984).

Been saying this for years... anyone who supports criminals by doing business with them, helping them to commit crime (e.g. linking to them while being aware that they are thieves) or by providing means or tools to commit crime becomes criminally liable as well.

That is the case of any crime, not just copyright infringement. That's why hosting companies MUST remove any illegal/pirated content reported to them, otherwise they become accomplices.

In many countries companies are criminally liable too.

[Holy Damage]

Originally Posted by bugmenot4real

Yes.

just out of Curiosity: how old are you?

I like the weeb shit avatar
how old are you?

[mopek1]

People here are mad that OP is supporting "bad guys" through links on his page.

Maybe so. That discussion can be debated.

But a DMCA complaint is one where you take someone else's content without consent and use it on our own site. He is not doing that here. So they have no right to DMCA him.

[celandina]

Originally Posted by mrpornlive

Mrporngeek, the sites I have issues with are also listed on Mrporngeek, what do you mean then? one of them is : ASMhentai.com

Two wrongs do not make it right

[LouiseLloyd]

Originally Posted by mopek1

People here are mad that OP is supporting "bad guys" through links on his page.

Maybe so. That discussion can be debated.

But a DMCA complaint is one where you take someone else's content without consent and use it on our own site. He is not doing that here. So they have no right to DMCA him.

Seems like an honest mistake to link to infringing site, probably didn't even know, just seen links from sites like his that are well-known on here, no excuse to claim didn't know it was infringing I agree, but this is not legitimate use of DMCA.

Recipient should counter the claim, making it clear that he has no infringing works on his site and let the powers that be decide, he'll get reinstated, without recourse.

[zijlstravideo]

Originally Posted by mopek1

People here are mad that OP is supporting "bad guys" through links on his page.

Maybe so. That discussion can be debated.

But a DMCA complaint is one where you take someone else's content without consent and use it on our own site. He is not doing that here. So they have no right to DMCA him.

OP complains about how it's not being "fair" he's getting a DMCA complaint, but let's face it, sending your traffic to pirated copies isn't exactly "fair" to the original artists either.

Sure, if the actual DMCA claim is fully justified might be up for debate, I wouldn't know, but still... how justified is it to be complaining about "fairness" in this case?

[mopek1]

Originally Posted by zijlstravideo

OP complains about how it's not being "fair" he's getting a DMCA complaint, but let's face it, sending your traffic to pirated copies isn't exactly "fair" to the original artists either.

Sure, if the actual DMCA claim is fully justified might be up for debate, I wouldn't know, but still... how justified is it to be complaining about "fairness" in this case?

Of course. I'm not saying OP is doing something right by linking to those sites.

I'm saying that the OP started this thread off with a DMCA issue and most people here criticized him for the way he runs his site which is fine but they are basically saying ,"Serves you right."

No it's not. It's not right to send out fraudulent DMCAs and the company that did, did something wrong and is creating hassles for everyone.

The OP may have done something wrong too (I didn't check his sites so I can't say for sure) and that can be discussed.

The replies should have been along the lines of, "Hey OP, that DMCA is a bogus claim and they are wrong to do so. Counter it asap. Also, I noticed you linking to 'bad' sites. What's that all about? Did you just copy another site without really thinking or do you know you are helping pirates?"

Anyway, I'm just picky at the way the entire internet "converses." LOL ... ignore the main point and sling mud from both sides.

[RycEric]

Originally Posted by mopek1

People here are mad that OP is supporting "bad guys" through links on his page.

Maybe so. That discussion can be debated.

But a DMCA complaint is one where you take someone else's content without consent and use it on our own site. He is not doing that here. So they have no right to DMCA him.

Wrong. Seek help.

[RycEric]

Originally Posted by mopek1

of course. I'm not saying op is doing something right by linking to those sites.

I'm saying that the op started this thread off with a dmca issue and most people here criticized him for the way he runs his site which is fine but they are basically saying ,"serves you right."

no it's not. It's not right to send out fraudulent dmcas and the company that did, did something wrong and is creating hassles for everyone.

The op may have done something wrong too (i didn't check his sites so i can't say for sure) and that can be discussed.

The replies should have been along the lines of, "hey op, that dmca is a bogus claim and they are wrong to do so. Counter it asap. Also, i noticed you linking to 'bad' sites. What's that all about? Did you just copy another site without really thinking or do you know you are helping pirates?"

anyway, i'm just picky at the way the entire internet "converses." lol ... Ignore the main point and sling mud from both sides.

... ....

[RycEric]

Originally Posted by SpicyM

Been saying this for years... anyone who supports criminals by doing business with them, helping them to commit crime (e.g. linking to them while being aware that they are thieves) or by providing means or tools to commit crime becomes criminally liable as well.

That is the case of any crime, not just copyright infringement. That's why hosting companies MUST remove any illegal/pirated content reported to them, otherwise they become accomplices.

In many countries companies are criminally liable too.

and we're not in the bro club either. Bros slinging hard in here I see. Of course, those who are taking the OP's defense typically have no content to understand what it's like to be ripped off in the first place.

[CaptainHowdy]

Originally Posted by celandina

Two wrongs do not make it right

[AmeliaG]

I'm not an attorney, but last I checked saying "I take no responsibility for this crime" while committing it ... well, that doesn't work to make illegal acts magically legal.

[pornlaw]

Originally Posted by AmeliaG

I'm not an attorney, but last I checked saying "I take no responsibility for this crime" while committing it ... well, that doesn't work to make illegal acts magically legal.

LOL...

Cowboy DMCA agents are a real problem and they can be dealt with. Ive stopped illegal DMCAs for a few clients.

This isnt an illegal DMCA notice though. The OP is using hentai from various sites on his listing site as well as numerous photos from different adult companies. I suspect the DMCA notice was in regard to one of the hentai illustrations and not the links.

[mrpornlive]

Thanks for all your answers the pictures I use are from paid / premium porn sites and I use them to illustrate my categories but this is not illegal as I advertise their website using public pictures (screenshots from the main pages or banners that I crop)

The thing is I do not want to do a porn list promoting only premium sites, I wanted to show both free and premium sites as I understand not everyone can afford or is willing to pay for porn. Should I just display sites that have the "DMCA remove button" in their footer?
This way they will contact them first so they remove the illegal content.


I checked some of the free sites I promote and they have it, not the case of the hentai site above. Also by writing that I do not own these sites and am not responsible for these, is it legally ok ? Sorry for my poor English, being French and receiving these legal notices in Enligh is a challenge lol

[mrpornlive]

Originally Posted by RycEric

Of course, those who are taking the OP's defense typically have no content to understand what it's like to be ripped off in the first place.

I never meant to steal anything and I do get your point, this is the reason I posted this to ask for some help from you guys, who know better about DMCA and internet law

[zijlstravideo]

Redemption only possible if you manage to survive "the tentacle ritual", that's how the manga boys are rolling.

Seriously though, with premium offers, everyone profits, one happy circle jerk.

[seriouslee]

Originally Posted by mrpornlive

Thanks for all your answers the pictures I use are from paid / premium porn sites and I use them to illustrate my categories but this is not illegal as I advertise their website using public pictures (screenshots from the main pages or banners that I crop)

Ask first, then publish. And somehow on the internet everything is "public", does not mean you can just re-publish it without asking.

[mrpornlive]

Originally Posted by seriouslee

Ask first, then publish. And somehow on the internet everything is "public", does not mean you can just re-publish it without asking.

The banners or pics I use are from the promo tools on the affiliate networks of this sites or the screenshot of the official home page.