DMCA Notice With Softlayer
Oct 25, 2009
I have sent a DMCA notice to softlayer because I saw warez forum thats abusing USA laws and they are giving away lots of hacked rapidshare accounts to its users. So I have made my complaint but I didnt said what infringed my copyrights. And softlayer can see the warez site and decide them selves.
So this what I got in reply after 2 weeks-
Quote:
Please review our DMCA procedures which follow the OCILLA. Also note, the sworn statements and all other information listed on our DMCA page are not only required but mandatory for any DMCA report. This will allow you to specifically identify the intellectual property that you own and is being infringed upon, which is required by law.
There are many verified third party DMCA/COPYRIGHT agencies who act on behalf of the intellectual property holders who can verify and submit these claims on behalf of the intellectual property owners. This will insure that legally, the intellectual property owner and the ISP is protected in the event of an account termination.
Softlayer DMCA information [url]
[url]
[url]
And they didnt took any actions against that site and what I see is that warez site is operating till now on softlayer servers. Looks like softlayer didnt warned the site admins too. 1 month passed after my complaint and its still operating.
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Jun 8, 2009
Im trying to get abit more information, if the DMCA is a US law/ agreement whats the british version or european version?
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Jun 8, 2009
First off thank you WHT for providing these forums and please forgive me for my first post being a huge rant!
We have contacted ThePlanet multiple times with DMCA requests to have a website remove illegal copies of our software from their website. The website is (*****.com *removed link*), and ThePlanet hosts them.
This issue has been ongoing for over 10 days, our original DMCA from them was ignored.
We resent another on Tue June 2, 2009, that one was responded to. Either no one from ThePlanet bothered to visit the warez website or they encourage warez on their networks because the website is still up; they initially removed links to our software but added new ones hours later.
We contacted ThePlanet again hours later with our email again to be disregarded. We sent another reply last Friday, ThePlanet responded back that our email was not in proper DMCA format; but do not bother to see the entire website is nothing but warez. Do these guys just not care that warez is on their network? I didn't realize the economy has gotten so bad they now cater to warez websites.
Visit the website and see that is has full ISO copies of Windows and other software, has full dvdrip movies and copies of games, as well as crack patches and keygenerators.
Why is it that ThePlanet allows these websites to operate and that their AUP is a total joke? Obviously if you want to distribute warez ThePlanet seems like the best place to do it.
We also hosted our websites on ThePlanet but intend to cancel service with them due to this issue. I encourage anyone that is a software developer and uses ThePlanet to also dump their service.
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Sep 17, 2008
I contacted HostGator a few days ago in regards to a website being hosted on their network. The blog post had a link to a decompiler that would decompile applications written by a certain program. The responses I received from Richard F. (Network Security Administrator) of HostGator was not what I expected.
At first, Richard F. wants to see the EULA of the software that the decompiler is made for. So, I send him the URL and even quote the EULA. It states, "Neither you nor any third party may modify, adapt, decompile or reverse engineer the Games." In addition, I pointed Richard to the author's blog where the author is not happy about the decompiler as people can use it to steal and ripoff games and applications written with this software. Richard F. then defends the decompiler by stating the following:
"Well, this is a complicated situation. Having the decompiler available is in itself not any violation of the EULA. However, if someone uses it then it's a violation of that EULA. Making the decompiler available solely as a source of information is not in any way infractionary, this has been held up in court cases with companies such as Microsoft."
It seems he is trying to use some alleged loophole of having it available for "information purposes only" does not make it illegal or a violation of HostGators TOS/AUP. I then notify him that it is also a DMCA violation as the only reason for reverse engineering per the DMCA is if the software is no longer available nor the author available. Neither of these conditions are met as the software that is decompiled is still being made and the community that uses the software is active. Richard F. then makes the following illogical analogy:
"Yes it could be seen as a violation of the DMCA. However, again, as an informational source, it is not in any violation. If we wanted to go on a tangent and say that this tool was written in, say C#, we could then hold Microsoft liable for creating both the C# language and an IDE to allow someone to write this tool. But they're not liable for what is created with or done with their tools, they merely provide them. This is where we are in this situation. Simply providing the information is not illegal."
Firstly, no one ever went on any tangent. Next, his analogy makes no sense. The fact of the matter is that the website being hosted on HostGator's network is distributing a decompiler that circumvents security measures in a program. People that use this particular software to compile their games and applications can have their source code revealed by a person simply running this decompiler.
I guess Richard F. is not used to dealing with techniaclly adept people. Therefore, he pulls a bunch of technical BS out of his gator butt and expects me to believe it.
I have forwarded this issue to The Planet as well as to the author that made the software being decompiled. I have notified him of HostGator condoning the use and distribution of this decompiler. I think it's pretty sad when a hosting company starts to defend immoral and unethical activities. And to think, this joker is actually has the position of "Network Security Administrator." He sounds like some kid barely out of high school computer science class.
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Apr 25, 2009
my host freaked up when getting a letter from a company about DMCA, and quickly shut my site down.
Does anyone know of a dedicated server hoster who does not jump the gun and shut down sites from a little Cease and Desist letter for around 299 EUR a month?
The site gets roughly in the thousands of hits per day.
(Off-shore hosting is fine too)
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Nov 13, 2008
Does anyone have the abuse/DMCA complaint email for OVH as I need to file a complaint but cant find it.
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Dec 6, 2008
We recently discovered another host had stole parts of our page and use it as theirs. Right now we are currently looking to contact it's service provider to submit the DMCA complain. However we have no success of contacting their provider XO. So now we are looking to contact their actual provider (reseller of XO) but we were unsuccessful in finding such info. If anybody here could give us a hand?
The site in question.[url]compare to ours[url]
as you can see the table is identical.
Their IP- 209.31.114.36
XO Communications XOXO-BLK-11 (NET-209-31-0-0-1)
209.31.0.0 - 209.31.255.255
SECURE-24 XOXO-209-31-112-0 (NET-209-31-112-0-1)
209.31.112.0 - 209.31.115.255
# ARIN WHOIS database, last updated 2008-12-05 20:12
Have sent in a claim as instructed on this page [url], but havn't heard a reply yet.
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Dec 10, 2008
How well does ThePlanet.com handle DMCA complaints?
Recently got shafted by a client for over $30K (3 months of work plus our own out of pocket expenses). To make matters worse, this crook took the PHP source code which my company offers as a hosted solution and installed it on a dedicated server at Theplanet.com.
I have sent DMCA take down notices to theplanet, following their procedure (which is the standard legal procedure) but they have not done anything to the perpetrator. He has managed to spring up 2 websites already, and is no doubt planning to launch more.
Not sure if anyone else has been in this type of situation but I need to get something done about this. I have no doubt in my mind that even if theplanet did shut his sites down, or at least wiped the infringing software from the disks, he would jump over to another host and do the same thing again. My company doesn't have time to waste chasing him around, however the software he has contains a lot of proprietary code that we created and was never intended to be public.
So far both of the domains that he is using have Network Solutions as the registrar. Does Netsol assist with this kind of thing? Hopefully someone with similar experience can chime in with some advice.
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Feb 27, 2009
I just had the pleasure of having my entire host containing multiple sites,being suspended by Godaddy because someone sent them a notice of infringement. Even though I had resolved the issue with the copyright holder 8 hours before Godaddy suspend the host.
Which brings me to my question, anyone know of a host that's reliable, well priced and not effected by the DMCA?
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Mar 23, 2009
We run into DMCA problems (Windows Media Streaming) 3-4 times a year and most of these requests come for content that are not even governed by US laws.We currently have Ecatel and they have been good with DMCA but their quality has been a major drawback (Stream buffering big time, even for a dedicated server)
We are looking for a Windows server 2003 streaming server with at least 100Mbps dedicated unmetered connection (will upgrade to 500 or even 1Gbps dedicated if the quality is reasonable).
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Apr 27, 2009
About: interserver.net
Mods, Please put this in correct section.
There is a website hosted on a server provided by interserver.net. This website is copying lot of data, which is copyrighted information of my client.
I have filed DMCA against the guy who is copying with interserver.net, but they have not responded for 5 days.
The guy running the site has given fake contact information and whois is private. The hosting company is also with some fake contact information.
And, the server provider doesn't respond.
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Apr 8, 2007
I design Web sites for clients, and also am a hosting reseller. The problem I'm having is selling all these hosting packages, but I don't know when their hosting package expires, except for periodically logging in and checking the setup date. I am currently using hostgator with the whm (WebHost Manager). Is there a way to set it up for 1 year and have it e-mail me when an account is about to expire, or is there some really cool database program elsewhere that I can use to help facillitate all these Web hosting packages?
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Mar 25, 2009
One of the sites I help run has 1.5 million pages of parts that can be ordered and information about those parts. We started seeing a ton of hits at around 20-30 pages per second over the past couple days.
There is no information about them on the internet and they are also masking as GoogleBot.
Be on the lookout as I am pretty sure they are trying to steal content and post it up for search results. They are using Amazon EC2 servers to do it also.
This is how they are identifying themselves:
Mozilla/5.0 (compatible; Adtuitionbot/1.0; +http://www.google.com/bot.html)"
Offending IPs: 174.129.155.59, 72.44.52.93
In a 24 hour period, we blocked 408,821 requests from them.
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Apr 20, 2008
How much Notice do I need to give nocster/burst before cancelling?
Not ready to cancell just yet but probably will be at the end of next month. (Moving to co-lo and as i'm in the UK burstnet's datacenter would be a bit far to travel so Won't be using them for Co-lo)
Couldn't find mention of the minimum notice period on their site.
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Oct 5, 2008
I am in the process of fighting a Hosting company on a dedicated server. It was turned off without notice a couple of months ago. They said I had not paid last years bill for this server (10 months ago). When I sent them the paypal confirmation number from last year finally they agreeed but said I owed an inflated 2008-2009 bill. The first bill I got was when the server was suspended. The bill increased over 20%. In order to get my clients back online I paid the increased bill but sent the initial price guarantee and asked for a refund of the difference. What I got was a half apology and the double talk below. I switched hosting companies and asked for a pro-rated refund and even though the server is paid up until Sept 2009 they have suspended the server. I am going to leave the hosting companies name out.
"Dear Mark,
As explained by Tom, the amount you paid is the amount that was due.
Since you originally purchased your server, our costs have risen by approximately 46%. The increase in price for your server only represents approximately 16%. While in the past, we have been able to absorb price increases and not pass them along, unfortunately, on this occasion we had no choice but to pass along part of the increase - the increase applied is just over half the increase we have personally seen since the start of this year. We have been able to keep the increase low through additional cost savings and reducing our profit margins, but, there is a limit to that and we unfortunately hit with the latest increase we've been hit with.
The issue with your server earlier this month was due to human error. We do not have any due invoices from 2007 (any unpaid would have been passed to collections), and as we are human, have gotten into the habit of simply looking at the day and month. One of my billing staff members alerted me that your invoice was overdue, believing it was a 2008 invoice due 1st August 2008 and requested that I authorise a disconnection. I then looked at it and also missed the 2007 date. Tom unfortunately does not have full access to billing details and cannot correct (nor view) errors such as that.
In terms of the invoicing - the system expected a recurring payment, through the Paypal subscription, to occur automatically and this is why no invoice was generated. As your invoice last year was manually paid, there was no subscription to update and pay. As a result, I had to manually update your account to reflect the payment details and manually generate the invoice. The invoice in your account when you paid the invoice correctly reflected the $1274.20 value. One of the emails quoted above, which should have been received after the emailed invoice, stated "generated the correct invoice for the 2008 to 2009 billing period.". I am sorry if that wasn't clear enough.
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Oct 2, 2008
I really do not want to mention the name of the hosting. I have been with them since the beginning of 2007.
My VPS was shut down about 15 hours ago because there might be a problem with the recurring payment. Actually I was informed that the payment has been processed and approved successfully last week. And there is no any email telling me that there is problem with the recurring payment.
I have been asking their support to re-start my VPS first but they said this is the sales issue. It has to be handled by the sales. Just waiting....... waiting..... Very disappoint!
Will you shut down the VPS of your customers without any prior notice?
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May 1, 2007
I just got a notice from Leslie at Colo4Dallas that they are raising their rates by 20% effective June, 2007. Did anyone else get this notice yet today? And in order to get the lower price (20% increase), I will have to sign a 12 month contract. So for example, my 1/2 rack will go from $399 to $478, or if I choose to stay month to month, the new rate will be $600.
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Sep 27, 2007
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2-) Is there a way to filter especially failure notice mails sent out from server?
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Nov 9, 2007
to day i have check may server! and a notice!
10 20:56:02 h96256475587 named[4421]: zone 0.0.127.in-addr.arpa/IN: loading master file named.local: file not found
Nov 10 20:56:02 h96256475587 named[4421]: zone nbe-broadcast.com/IN: loaded serial 2007111001
Nov 10 20:56:02 h96256475587 named[4421]: zone localhost/IN: loading master file localhost.zone: file not found
Nov 10 20:56:02 h96256475587 named[4421]: zone h96256475587.serverkompetenz.net/IN: loaded serial 2007092700
Nov 10 20:56:02 h96256475587 named[4421]: running
Nov 10 20:56:02 h96256475587 named[4421]: zone h96256475587.serverkompetenz.net/IN: sending notifies (serial 2007092700)
Nov 10 20:56:02 h96256475587 named[4421]: zone nbe-broadcast.com/IN: sending notifies (serial 2007111001)
Nov 10 20:58:31 h96256475587 ntpd[4244]: synchronized to LOCAL(0), stratum 10
Nov 10 20:58:31 h96256475587 ntpd[4244]: kernel time sync enabled 0001
and question! my server is hacked!
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Jun 2, 2008
I have a dedicated server with a provider. They have a notice period of 30 days, to cancel the server. The billing date of the server is 13th of every month.
I sent them the cancellation form on 30th of last month, asking them to terminate the server by 1st of next month (thereby 30 days notice). But they say that they will bill me on this 13th for another full month, and they'll cancel the server only on 13th of next month! WTF? So, the notice period becomes 43 days!
I have never experienced something like this with other providers I'm using but just wanted to know..
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Jul 11, 2008
Recently the Apache recompailed with eAccelerator after that the below error log has created and also the Apache got crash when reach high traffic.
[notice] child pid 13013 exit signal Segmentation fault (11)
[notice] child pid 13054 exit signal Segmentation fault (11)
Due to this problem I ran the /scripts/upcp --force and again recompailed the Apache with eAccelerator.
later the signal Segmentation fault error not created but instead of above error the following error has been creating. And also again recompailed the without eAccelerator still the below error creating.
[notice] child pid 763 exit signal Bus error (7)
Server Details.
Apache 2.2.9
PHP 5.2.5
MySQL 5.0.5 (Runing Seprate box)
eAccelerator 0.9.5
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May 28, 2007
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Apr 24, 2008
server notice : kernel: possible SYN flooding on port 110. Sending cookies. and down.
how to disable flood on port 110, flood port 443!
EX : disable telnet on port : 21,445,110,53
how to disable telnet on port 21,445,110, with cmd (telnet ip(host) port)
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May 2, 2009
which company in terms of reliability, support, and mostly network (as I see it, SL and FDC have similar networks) is the best? Price isn't a real issue here .
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Nov 5, 2008
ThePlanet / Softlayer
Does anyone know of any hosters that are reselling servers from The Planet or Softlayer (or anyone else is Texas that I've missed)
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Oct 25, 2009
If I have to choose between ThePlanet and SoftLayer for a dedicated server which will be used for Shared Hosting, which one should I choose?
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Mar 12, 2008
My clients in LA - those on AT&T and Time Warner in paticular - are having bad download speeds from my server with Softlayer. Anyone else having similar trouble? Clients who normally get 500-700kb/s down are getting < 50 kb/s down, even early in the morning when the total traffic on my 100mbps port is under 1.5mbps.
Basically, east coast is fine, and anyone with a T1 in LA is fine as well - it's just DSL and Cable modems in LA that are screwed up. In fact, one of our are clients is using Apple Remote Desktop to connect to a remote client with a T1; it's faster to through Time Warner, then VPN to Verizon, and then connect Softlayer and back again than to go directly from Time Warner to Softlayer, which is really weird.
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Aug 14, 2008
i want to know if softlayer will fit my needs?
1) i want to use svn
2) i will only host about 3 small-ish sites with images and maybe one cast-control.
has any used them and what is there up-time like.
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Jun 13, 2008
I was thinking of buying a new server from SoftLayer When this company called WebNX.com happened to catch my attention.
I did a search of WHT but could not find much about WebNX. I also went to their site (but not much info is published there like SLAs, support fee etc etc...
However, the custom quite they sent me sounds quite reasonable compared to softlayer.
Anyone who can share experience of hosting with webnx? or has more info webnx.com and can share their views will be nice.
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