Re: Tube Sites / DMCA the Registrar

[Brujah]

Dear Valued eNom Reseller:

We are writing to inform you that eNom has received and is responding to a written complaint of alleged copyright infringement associated with the domain *****.com (the "Domain"). The Domain operator registered the Domain on the eNom platform through your company. This notice is for informational purposes only and does not require any action on your part.

Because eNom is the registrar for the Domain, we are following the procedures of the Digital Millennium Copyright Act (the "Act") to shield ourselves from any potential claim of secondary liability for copyright infringement. As part of those procedures, eNom has contacted or will contact the registrant directly in order to resolve this matter. In accordance with the DMCA, it is the policy of eNom to terminate the accounts of subscribers who are repeat infringers of copyrights or other intellectual property rights. However, we reserve the right to terminate an account for a single instance of infringement in appropriate circumstances.

Our actions are also based on the terms of the eNom registration agreement, and the eNom copyright policy which prohibit the abuse of eNom services through the unauthorized use of copyrighted material.

We appreciate and value your business as an eNom customer and assure you that this action is routine and will not interfere with any additional accounts you hold.

If you have any question or concerns regarding this matter, do not hesitate to contact us through [email protected] or by telephone at: 425.274.4500.

Best Regards,
Copyright Agent
eNom, Inc.

[Hentaikid]

Yeah I often wondered why this approach hasn't been done before

[Brujah]

I was surprised Enom is getting involved from this angle.

[Machete_]

Would be better if they terminated the domain, or handed it over to the rightfull owner of the content.

[Brujah]

Originally Posted by KrisH

Would be better if they terminated the domain, or handed it over to the rightfull owner of the content.

They're giving the registrant 3 days to respond or remove the content.

[Machete_]

Originally Posted by Brujah

They're giving the registrant 3 days to respond or remove the content.

unless they have changed the rules, the user just moved the domain to a new registar - sadly

[Barefootsies]

Originally Posted by Hentaikid

Yeah I often wondered why this approach hasn't been done before

Do a search. I have told people to do this for fucking years!

You hit them at the host, registrar, and processing levels. One, or all, of them will fold.

Instead you, I, and the rest of the industry have got to enjoy an almost daily beer crying on the forums, message boards, conferences, and trade mags from many shitheads who refuse to follow simple DMCA protocol and post thread, after thread, bawling about their lost sales, and inability to compete.

[Barefootsies]

Originally Posted by KrisH

unless they have changed the rules, the user just moved the domain to a new registar - sadly

Luckily there are a limited number of main registrars.

So you can run for only so long. Especially it you are hitting them at the parent of the reseller registrars.

[Socks]

So how many sites have you taken down footsies?

[DateDoc]

Originally Posted by Barefootsies

Luckily there are a limited number of main registrars.

So you can run for only so long. Especially it you are hitting them at the parent of the reseller registrars.

hmmm, redtube is at netsol and they are still up.

[Barefootsies]

Originally Posted by Socks

So how many sites have you taken down footsies?

I never had to take them down. Once they offender gets a notice from their processor, or host, or registrar that does the trick. Eventually word gets around to stop stealing your shit.

Rapidshare was not always as accommodating as it is now. I had to DMCA them via PayPal 3+ years ago. I have had to go the extra mile maybe 8 times over the past 5 years. It goes something like this.

1. First DMCA notice. Most remove your content in 48 hours. 95% of the time removed.
2. Second DMCA notice. You CC to their registrar, host, processing company, sponsors, etc.

Once they start getting notices from their hosting/registrar/processing about it. Your content seems to 'magically' be removed as you had asked. This saves you a lot of additional grief.

.... and yes... before the typical GFY nay sayers come in. It does suck you have to go through the hassle to DMCA, and follow up DMCA people. However, it is effective IF you do follow the process and stop crying on industry message boards about it.

Furthermore, yes, it would be lovely if it did not repeatedly happen, and the law did something about it, and all the other fucking excuses people post. But that is not the law, and you have to be diligent about your DMCA's.

Eventually forums, and others stop stealing your shit because they do not want the hassle. Almost every site has an Achilles heel. Processing, host, registrar somewhere. You just have to dig, and send your DMCA's.

[Barefootsies]

Originally Posted by DateDoc

hmmm, redtube is at netsol and they are still up.

Not my content.

Find one of the hundreds of people crying on here daily who are legitimately having their content stolen and 'user submitted'. They are the one's who have to swear out the affidavit and document the clips properly per DMCA to send them a removal request.

Maybe RedTube doesn't adhere to the crying on the message boards DMCA process and have gideongallery as their legal counsel.

[d-null]

is namecheap still an enom reseller?

[Spudstr]

Originally Posted by d-null

is namecheap still an enom reseller?

Yessir..






8char

[Profits of Doom]

Originally Posted by Hentaikid

Yeah I often wondered why this approach hasn't been done before

It's not normally done because it is not needed. If your content is on a file sharing forum or a tube and you send a DMCA to the file host (such as Rapidshare) or to the tube directly, generally the content will be pulled down way quicker than the time a registrar will give them.

Now if the file sharing site or tube follows the rules and pulls down the content when they receive a DMCA the registrar will not do anything. You can send a million DMCA's to the registrar and they won't do a damn thing if the content is pulled down in accordance with the DMCA. They may say they reserve the right to terminate the account, but they won't do it. Anyone that tells you they have been able to pull down a site this way is not being truthful...