filekiller.com DMCA service. Anyone knows them? - GoFuckYourself.com

Matyko · 12-10-2024, 05:28 AM

Dear Community,

This "company" is sending me tons of DMCAs through Google, and now they started it through my hosting //CloudFlare and MojoHost//

They don't reply to anything, have no phone number, theit website says its from 28 but it looks like it is from 1971.. They have no SSL on their own site WTF LOL!

I am countering their shit since morning time, and getting bored + mad about this.

They have no presence on any social media platforms...

I need a contact to stop them somehow..

All I know is this:

Reporter's Name: Michael Hagelstein
Reporter's Email Address: [email protected]
Reporter's Company Name: FileKiller
Reporter's Address: Hubertusstr. 64, NRW, Aachen, Germany

Publisher Bucks · 12-11-2024, 12:05 PM

Send them a counter notice, followed by a letter before action stating you'll use the DMCA penalty section (512f) to claim damages from them if they do not stop sending fraudulent DMCA notices.

If you pursue them further, you do not have to go through federal court, you can file a small claim in your local court against them, if they don't defend the claim, you win, then you can go the collections route

mechanicvirus · 12-11-2024, 12:10 PM

Quote:

Originally Posted by Publisher Bucks

Send them a counter notice, followed by a letter before action stating you'll use the DMCA penalty section (512f) to claim damages from them if they do not stop sending fraudulent DMCA notices.

If you pursue them further, you do not have to go through federal court, you can file a small claim in your local court against them, if they don't defend the claim, you win, then you can go the collections route

Collections route also includes garnishing of wages or a lien placed on any property they own.

So basically, you can get onlyfans models to pay you back via this neat trick.

Publisher Bucks · 12-11-2024, 12:13 PM

Quote:

Originally Posted by mechanicvirus

Collections route also includes garnishing of wages or a lien placed on any property they own.

So basically, you can get onlyfans models to pay you back via this neat trick.

Basically yeah, the collections process is quite complex generally though

We just filed a small claims case in the UK last year because someone removed the copyright from one of our digital products and started selling it verbatim as their own.

We won, but the effort involved meant of the damages awarded, we only cleared £2500 after expenses.

pornlaw · 12-11-2024, 05:14 PM

DMCA takedown abuses are on the model/creator, not the DMCA takedown service.

They know this and this is why they abuse the system. They have no liability.

You have to go after the model/creator since it is them basically signing the takedown notice under penalty of perjury or authorizing the service to do so on their behalf.

Small claims is a waste of time.

Publisher Bucks · 12-11-2024, 05:26 PM

Quote:

Originally Posted by pornlaw

Small claims is a waste of time.

Why is it always attorneys that aren't needed for the small claims process that say this?

That's what we were told, it would cost 10's of thousands to pursue the individual who infringed on our copyright, while the number it actually cost was significantly less and in our case, the defendant ended up having to pay our costs.

OneHungLo · 12-11-2024, 07:31 PM

Hagelstein? sounds made up lol

pornlaw · 12-12-2024, 12:38 AM

Quote:

Originally Posted by Publisher Bucks

Why is it always attorneys that aren't needed for the small claims process that say this?

That's what we were told, it would cost 10's of thousands to pursue the individual who infringed on our copyright, while the number it actually cost was significantly less and in our case, the defendant ended up having to pay our costs.

Try collecting on a small claims judgment.

If you dont use the small claims court in the jurisdiction where the company or person is located, you will need to eventually hire an attorney (or your collection agency will) to domestic the judgement. Most small claims are limited to $10,000 or less.

And if its a foreign based company you may not be able to domestic a judgment. I had someone try to use a collection agency to collect on a client in Sweden. I told the US based collection agency to have fun but to pound sand. They never collected a cent.

But sure if you want to go to their jurisdiction, file the complaint and try to collect - more power to you.

Small claims is meant for 2 companies or individuals that are fighting over a simple local matter.

Publisher Bucks · 12-12-2024, 02:06 AM

Quote:

Originally Posted by pornlaw

Try collecting on a small claims judgment.

If you dont use the small claims court in the jurisdiction where the company or person is located, you will need to eventually hire an attorney (or your collection agency will) to domestic the judgement. Most small claims are limited to $10,000 or less.

And if its a foreign based company you may not be able to domestic a judgment. I had someone try to use a collection agency to collect on a client in Sweden. I told the US based collection agency to have fun but to pound sand. They never collected a cent.

But sure if you want to go to their jurisdiction, file the complaint and try to collect - more power to you.

Small claims is meant for 2 companies or individuals that are fighting over a simple local matter.

We won and collected 😂

Most on here own a company, most who are being DMCA’d are getting done so by a company, ergo…

pornlaw · 12-12-2024, 01:32 PM

Quote:

Originally Posted by Publisher Bucks

We won and collected ��

Most on here own a company, most who are being DMCA’d are getting done so by a company, ergo…

What company won and what company did you collect from? And where was your small claims filed?

Publisher Bucks · 12-12-2024, 02:20 PM

Quote:

Originally Posted by pornlaw

What company won and what company did you collect from? And where was your small claims filed?

See post #4 above

JesseQuinn · 12-12-2024, 03:55 PM

Quote:

Originally Posted by pornlaw

Try collecting on a small claims judgment.

I did once, eons ago. company stole from me. based in FL. hired an FL lawyer to rep me as not Amer. got everything owed plus court costs and lawyer fees (lady was so awesome, she actually took time to convince me on all the latter off the clock, had already paid her)

4 payments. paid in full. wrote about it on a now defunct site

don't agree performers are always to blame. one of the co's mentioned quite often in the past as problematic had a good friend of mine as a spokesperson. approached her and she had no idea. a very smart content creator tryna protect her work and help others. but not on 'our' end so didn't realize how they operated

once I told her she dropped them and was public to others about why. notice they're not mentioned much anymore. hope helped a bit in that. for sure she did

the game with many of these co's is use bots to DMCA everything, then use what they 'found' to charge performers for a higher package

yes performers are participants, but often not the cause. those that are sue their pants off, just saying not the case for so many. not sure why an adult lawyer of all people isn't placing blame where the money lies (pardon the pun)

Publisher Bucks · 12-12-2024, 05:42 PM

[QUOTE=JesseQuinn;23330485]I

the game with many of these co's is use bots to DMCA everything[\QUOTE]

That’s the main problem, there should [b]always[\b] be human interaction when it comes to anything of a legal basis, especially DMCA because the penalties involved can be astronomical.

Matyko · 12-13-2024, 01:03 AM

Thank You for your contribution and hints & tips, I really appreciate them!

Finally I was able to make them reply and although their site seems outdated and it was not the easiest task to get an answer about my issues they seem to be helpful and cooperative.

They retracted the DMCAs they sent to my hostings and now we are managing all possible issues via simple email communication.

I understand that scanning the web for a specific source of illegal content is tough, and trying to get in touch with the tubes and other sites is even tougher and very time consuming.. I understand why they send out tons of DMCAs instead of trying to just ask to remove the content. But it hurts.. :P

In 2025 one of the things on my list is to get our tubes whitelisted with all content partners we work with. I am not expecting that DMCAs will be gone, but it will probably be way easier for all.

pornlaw · 12-13-2024, 01:45 AM

Quote:

Originally Posted by Publisher Bucks

See post #4 above

Your post didnt name the company that filed the complaint or the company that paid the award. It just says the UK.

pornlaw · 12-13-2024, 02:09 AM

Quote:

Originally Posted by JesseQuinn

yes performers are participants, but often not the cause. those that are sue their pants off, just saying not the case for so many. not sure why an adult lawyer of all people isn't placing blame where the money lies (pardon the pun)

Most of the worst DMCA takedown service abusers are set up outside the US. Often, like pirates, where they know they are outside reach of the US courts.

Also, filing a lawsuit against a foreign based company -- like the one that is the topic of this thread -- in the US is extremely costly. Service on the company may be almost impossible. And if you do get service, more likely than not, its just going to result in the case going to a default judgment.

Yay for you. You have just spent tens of thousands of dollars to sue a company that wont respond and wont change their practices.

But you did make the attorney you hired more comfortable financially.

However, its probably much easier and less costly to go after a creator that is based in the US.

Creators need to take responsibility for hiring the wrong DMCA takedown service. They have an option to hire ethical and professional takedown services but often choose a service thats the cheapest available. And the cheapest available are the ones most likely using bots. And those are the ones that are causing headaches for the rest of the industry.

JesseQuinn · 12-13-2024, 06:41 AM

Quote:

Originally Posted by Matyko

They retracted the DMCAs they sent to my hostings and now we are managing all possible issues via simple email communication.

score, congrats

Quote:

Originally Posted by Matyko

In 2025 one of the things on my list is to get our tubes whitelisted with all content partners we work with. I am not expecting that DMCAs will be gone, but it will probably be way easier for all.

strategy! do it

Quote:

Originally Posted by pornlaw

whole lotta legalese obfuscation

for me I spent about 3k to get a bunch more, and got that 3k back as well. glad Ms J was paid, she more than deserved it

lawyer who took me on set me up with one of his newest associates. American but Jamaican by birth. didn't even live here yet, was still in CA at the time. through my husband knew her people. might have been why she worked for me so hard, but honestly she was just young, eager, fighter for her clients

weird confluence of events, just saying in lived experience small claims can work. that was the point I specifically addressed to refute your assertion

not all the DMCA cos are in some far off foreign land. either way, rather than help people in your free time just all 'lawyer up and sue'

you responded stating it's easier to go after creators. no doubt. had addressed why they often don't know

yes 'ignorance of the law no excuse blah blah' but treat peeps like "don't worry yo pretty lil head but I'll see you in court" when simple convos can bring down parasite companies and protect legit industry

you're a hammer. not everything is a nail. often there are easier, cheaper, more effective ways. like talking to peeps and sharing info

on every set, in resources on every fan and clips site, just talk to people and provide info. if receiving an unfair DMCA for legit content, hit up the performer if he/she is still active along with doing the tedious work of a DMCA counter

for the one I referenced, try getting a list of 1000's of URLs as 'proof' of work performed. they hire these co's so they don't have to wade through all that. that's the point and these co's take advantage of it

annoying to act when targeted, but possible to prevent further fuckery absent court

real pirates need to die in a fire, we're not talking about those peeps here

more broadly do a Matyko. good luck man, you're super cool. keep dancing

Fenwickwriter · 12-13-2024, 06:46 AM

Quote:

Originally Posted by Publisher Bucks

Send them a counter notice, followed by a letter before action stating you'll use the DMCA penalty section (512f) to claim damages from them if they do not stop sending fraudulent DMCA notices.

If you pursue them further, you do not have to go through federal court, you can file a small claim in your local court against them, if they don't defend the claim, you win, then you can go the collections route

I didn't realise you could do this to be honest. I have an escort agency client in London who represents porn stars all over the world, and they had their main porn star escorts page taken out of search, which had a devastating effect on traffic! I put through the counter claim as soon as we discovered it. This was on the 11th November, and it wasn't until a month later that Google wrote to us to inform us that they had the counter claim. It's taking ages!

Since then, my client believed that they Google couldn't have got the counter claim, so she escalated this through her own DMCA account and ended up paying them to do a counter claim on her behalf. Upwards of $500 or so dollars I think. But I can't think what they will do that's any different. I think the response we just had to my original counter claim will restore the page. Trouble is, these DMCA fuck muffins will then go claim they've managed to get it done! LOL! Doesn't matter as long as she gets her page back in search I suppose.

It's awful how these models can just file (or get a company to do it) complaints and get pages stripped out of search without any evidence whatsoever. This girl who complained about my client has never been represented on her site before, and we have no content or media of any kind pertaining to her on the site (or ever!) So, you're saying that we can get back money we could have lost? We tried contacting her, but there is no way of finding out where she is! It's so wrong that this is allowed to happen.

Publisher Bucks · 12-13-2024, 06:50 AM

Quote:

Originally Posted by pornlaw

Your post didnt name the company that filed the complaint or the company that paid the award. It just says the UK.

That's simply because, it isn't anyone else's business but mine and the defendants at this point

pornlaw · 12-13-2024, 09:22 AM

Quote:

Originally Posted by Publisher Bucks

That's simply because, it isn't anyone else's business but mine and the defendants at this point

A court filing is public information...

You brag your win but wont supply the basic public information in the filing?

Ok...

pornlaw · 12-13-2024, 09:36 AM

Quote:

Originally Posted by JesseQuinn

for me I spent about 3k to get a bunch more, and got that 3k back as well. glad Ms J was paid, she more than deserved it

lawyer who took me on set me up with one of his newest associates. American but Jamaican by birth. didn't even live here yet, was still in CA at the time. through my husband knew her people. might have been why she worked for me so hard, but honestly she was just young, eager, fighter for her clients

weird confluence of events, just saying in lived experience small claims can work. that was the point I specifically addressed to refute your assertion

not all the DMCA cos are in some far off foreign land. either way, rather than help people in your free time just all 'lawyer up and sue'

you responded stating it's easier to go after creators. no doubt. had addressed why they often don't know

yes 'ignorance of the law no excuse blah blah' but treat peeps like "don't worry yo pretty lil head but I'll see you in court" when simple convos can bring down parasite companies and protect legit industry

you're a hammer. not everything is a nail. often there are easier, cheaper, more effective ways. like talking to peeps and sharing info

on every set, in resources on every fan and clips site, just talk to people and provide info. if receiving an unfair DMCA for legit content, hit up the performer if he/she is still active along with doing the tedious work of a DMCA counter

for the one I referenced, try getting a list of 1000's of URLs as 'proof' of work performed. they hire these co's so they don't have to wade through all that. that's the point and these co's take advantage of it

annoying to act when targeted, but possible to prevent further fuckery absent court

real pirates need to die in a fire, we're not talking about those peeps here

more broadly do a Matyko. good luck man, you're super cool. keep dancing

Congratulations and I agree with you that if you can resolve without resorting to litigation is the best situation for everyone involved.

That rarely happens and it didnt happen in your situation either. You needed to hire and attorney and enter into litigation.

And collecting on a small claims judgment is the exception not the rule. Consider yourself lucky... you're in the 25% of people who did collect.

https://www.ncsc.org/__data/assets/p...collection.pdf

And I have tried to go down the route of having someone talk to the creator and request that the creator white label my client with their DCMA service or have their DCMA service retract the takedown notice... so far, its been requested about a dozens times. We have done it directly to the creator, through the creator's agent and through the creator's PR company.

To this date it has never worked. My client's request just gets ignored.

So in theory, its a nice idea. But in practicality it hasnt worked for my clients.

JesseQuinn · 12-13-2024, 10:34 AM

Quote:

Originally Posted by pornlaw

Congratulations

thanks, yeah was super unfun but the lawyer made it a whole bunch easier. that wasn't a copyright thing, to be clear. again, specifically addressed a certain statement regarding small claims. in my case a cam site closed and as top earner they owed me a bunch. this was way before doing my own thing. if you win court and lawyer fees aren't factored into the limit

really only 25.9% get paid? (as per what you posted). hot damn, that certainly sucks. must be demoralizing to be in the right, spend money and then win...and then crickets. for me each payment came like clockwork monthly then done and over. think they were scared of my lawyer

Quote:

Originally Posted by pornlaw

And I have tried to go down the route of having someone talk to the creator and request that the creator white label my client with their DCMA service or have their DCMA service retract the takedown notice

you're not talking to the right people. hate the word 'influencer' but they exist in our biz too. hire one/some. don't mean me, gotta full plate with my own stuff and not one. just a friend who's been in this biz for a long minute. need some refs PM me but doubt you do

don't buy that helpless so must sue thing. sure you already have big ones on retainer but not everything about money

bring some creativity to the table with your clients, engage with talent then dance with Maty and let me film it. no reseller or publisher rights, strictly personal use

Publisher Bucks · 12-13-2024, 11:26 AM

Quote:

Originally Posted by pornlaw

A court filing is public information...

You brag your win but wont supply the basic public information in the filing?

Ok...

I'm not bragging, simply saying it is possible to win without the use of an attorney. I also stated that the cost and time involved, didn't make the settlement worth it, non the less, I still stand by my original claim that an attorney is not required to file a small claims case and win.

That's actually one of the reasons why we filed in the UK where the guy that was stealing and reselling our copyrighted products was located.

12-10-2024, 05:28 AM	#1
Matyko PsyHead Industry Role: Join Date: Aug 2005 Location: Hungary Posts: 8,662	filekiller.com DMCA service. Anyone knows them? Dear Community, This "company" is sending me tons of DMCAs through Google, and now they started it through my hosting //CloudFlare and MojoHost// They don't reply to anything, have no phone number, theit website says its from 28 but it looks like it is from 1971.. They have no SSL on their own site WTF LOL! I am countering their shit since morning time, and getting bored + mad about this. They have no presence on any social media platforms... I need a contact to stop them somehow.. All I know is this: Reporter's Name: Michael Hagelstein Reporter's Email Address: [email protected] Reporter's Company Name: FileKiller Reporter's Address: Hubertusstr. 64, NRW, Aachen, Germany __________________ -=- Register with our ref link and we help you with the setup! -=- AdSpyglass.com - Double your profit from brokers

12-11-2024, 12:05 PM	#2
Publisher Bucks Confirmed User Industry Role: Join Date: Oct 2018 Location: New Orleans, Louisiana. / Newcastle, England. Posts: 1,123	Send them a counter notice, followed by a letter before action stating you'll use the DMCA penalty section (512f) to claim damages from them if they do not stop sending fraudulent DMCA notices. If you pursue them further, you do not have to go through federal court, you can file a small claim in your local court against them, if they don't defend the claim, you win, then you can go the collections route __________________ NOTHING TO SEE HERE

12-11-2024, 05:14 PM	#5
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,850	DMCA takedown abuses are on the model/creator, not the DMCA takedown service. They know this and this is why they abuse the system. They have no liability. You have to go after the model/creator since it is them basically signing the takedown notice under penalty of perjury or authorizing the service to do so on their behalf. Small claims is a waste of time. __________________ Michael www.AdultBizLaw.com

12-12-2024, 05:42 PM	#13
Publisher Bucks Confirmed User Industry Role: Join Date: Oct 2018 Location: New Orleans, Louisiana. / Newcastle, England. Posts: 1,123	[QUOTE=JesseQuinn;23330485]I the game with many of these co's is use bots to DMCA everything[\QUOTE] That’s the main problem, there should [b]always[\b] be human interaction when it comes to anything of a legal basis, especially DMCA because the penalties involved can be astronomical. __________________ NOTHING TO SEE HERE

12-13-2024, 01:03 AM	#14
Matyko PsyHead Industry Role: Join Date: Aug 2005 Location: Hungary Posts: 8,662	Thank You for your contribution and hints & tips, I really appreciate them! Finally I was able to make them reply and although their site seems outdated and it was not the easiest task to get an answer about my issues they seem to be helpful and cooperative. They retracted the DMCAs they sent to my hostings and now we are managing all possible issues via simple email communication. I understand that scanning the web for a specific source of illegal content is tough, and trying to get in touch with the tubes and other sites is even tougher and very time consuming.. I understand why they send out tons of DMCAs instead of trying to just ask to remove the content. But it hurts.. :P In 2025 one of the things on my list is to get our tubes whitelisted with all content partners we work with. I am not expecting that DMCAs will be gone, but it will probably be way easier for all. __________________ -=- Register with our ref link and we help you with the setup! -=- AdSpyglass.com - Double your profit from brokers

12-11-2024, 07:31 PM	#7
OneHungLo So Fucking Banned Industry Role: Join Date: May 2001 Location: Your mom's front hole Posts: 40,910	Hagelstein? sounds made up lol