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what to do after DMCA ?
okie, here is a case .
lets say site x , showing your exclusive content to public and even monetizing . i sent them dmca takedown notice. its been more than a week , they didnt remove content. What next ?, what can i do ? to get my content removed ? should i resend the dmca notice ? did it hit spam ? or they just ignored it ? where can i read more ? abou it ? how much $$ do i need to sue them ? what if they are based out US/ their servers are located in US ? thanks for your time., |
DMCA their host, domain provider.
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This is what the content owner is required to provide:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website; 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit "the site" to locate the material; 4) Information reasonably sufficient to permit "the site" to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; 5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and 6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
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I have a similar issue right now. If they are outside of the US there's not much that you can do really other then try to sue them.
Our site, DangerousRobot, got completely ripped and put up by some Turkish web dev company claiming it as their own - Kreatif SOFT - E-Ticaret, XML Entegrasyonu, SEO & SEM, Web Tasar?m?. I managed to get google to delist the domain, but the site is hosted by OVH which ignored DMCA entirely - and there is really no further I can take it without spending 5k euro on a lawyer to sue them (at least that's what I was quoted). Factoring in that turkey is not exactly a financial superpower, I most likely wouldn't even be able to recover the legal costs from this two-bit operation...can't get blood from a stone. |
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What sad individuals that have to steal and then live a lie, which will besmirch their careers for ever. |
Protect your brand(s). Get them registered and go after host(s), upstream providers and registrar. Until then, there is little you can do.
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Many years ago I contacted one fucker who was using our content on the front page of his paysite and basically told him I was contacting police in his area that he was "possibly" distributing CP on his website. In reality he wasn't - but I told him without the model releases and 2257 docs he couldn't prove the model's age. The wife and I had collaborated on crafting the email and the legalese jargon we used made it very intimidating sounding.
Scared him enough that he phoned me (from Great Britain), said he'd take them down immediately and offered a monetary compensation. True to his word - he removed the content the same day and sent us a cheque for 300 sterling pds. I wouldn't recommend this method as a case could possibly be made for extortion by someone more familiar with the law - but at the time I didn't give a fuck and was just pissed with the asshole. (wish I'd kept a copy of the email - it was damn near poetic), lol. |
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