I need a host with balls
 

I host with a very good company, but recently I put up a website on my server for one of my clients. Today my host sent me an email telling the following:

The complaint received is in regards to the website currently hosted at scammayakobamexico.com and the content therein. This website currently shows logo graphics and terms that are trademarked by the VHG group, specially in relation to VICEROY and KOR. In order to come back into compliance it is requested that you take the following steps:

1. Discontinue all use of VHG, VICEROY, and KOR marks and logos 2. Remove any term comprised of or incorporating the term VHG, VICEROY, and KOR 3. Remove any and all AdWords that make use of VHG, VICEROY, and KOR material


So my client needs a hosting company that will host this site. I understand that there's nothing illegal with this site, since this guy has every right to speak about these people who scammed him, but we've agreed on moving his site to another server. All he needs is a virtual account for now.

Any takers?

He may have a right to speak about them, but not to use trademarks or copyrighted graphics. The host is right.

:2 cents:

Don't you get 'fair use' legality with stuff like this in the US?

Like with the parody use etc?

It's not a parody, it's a rant about being scammed by them. Fair Use does not apply.

bump for this. Anyone?

What host would be dumb enough to get involved in this for $10/month? Just sayin'.. your client would be better off talking to lawyers instead of this nonsense.

Hotlink the image from there own site or a Chinese imagehost

it's not just the image, it's the text too :(

From EFF.org

http://www.eff.org/issues/bloggers/l...iability/IP#16

It doesn't matter where you host, this is going to follow this site anywhere you take it.

I'm unsure about to what extent the law allows you to use it in the body text of the site, but it is illegal to use their corporate logos. From what I understand you also can't use their terms in the meta tags or bid on them using adwords, etc.

Nice find CYF.....

Good luck on finding a host.

Whats the url?

It actually isn't illegal to use their logo, check what I posted from the EFF.

Paypalsucks.com uses the paypal logo. They've been sued by paypal and won.

read the post above yours.


love all the gfy lawyers...

this would mean on any review site. no one would be able to make a negative review about someone...sure that makes sense.

You need to read DMCA laws again. Even hottlinking images puts you just as guilty as the origin host.

Being sued over it is probably a sure thing, for all sorts of things including defamation and infringement. Unless he's got the money to defend it, it's a better idea to just let it go. Being scammed sucks, but I doubt it's worth the trouble that this sounds like it's going to bring. The final legality of it is moot unless he's willing to go the distance. If he's got links to anything or is profiting from it in any way whatsoever, he's sunk from the start.

I am not a lawyer and nothing I've posted here today constitutes legal advice of any kind.
Take it for what it's worth. I've been sued before.

:2 cents:

anybody with balls?

DMCA works only in that little part of the world you call USA in the rest of our big world we clean our ass with that paper.

Here you go
http://elephantiasis.freeyellow.com/...iasis_clip.mpg

That's not what I'm saying- I am NOT saying they can't use the company name in the body text. What I AM saying is that going by DCMA you'd need to drop the logos, and going by google's regulations they can protect the use of their trademarked terms in adwords, etc.

If you want to sue over it maybe you can win, like paypalsucks did. But the DCMA is the DCMA, doesn't seem worth it to me.

My advice: don't take on retarded clients (if possible)

I'd maybe look into www.nearlyfreespeech.net

nevertheless an interesting site

get some hosting in Russia or China and you'll have no problems...