If The DMCA Is US...
Jun 8, 2009Im 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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ThePlanet DMCA
Jun 8, 2009First 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.
DMCA And HostGator
Sep 17, 2008I 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.
Hoster Who Does Not Comply With DMCA
Apr 25, 2009my 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)
DMCA Notice With Softlayer
Oct 25, 2009I 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.
OVH DMCA/Abuse Address
Nov 13, 2008Does anyone have the abuse/DMCA complaint email for OVH as I need to file a complaint but cant find it.
View 3 Replies View RelatedProvider With DMCA Complain
Dec 6, 2008We 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.
How Well Does ThePlanet Handle DMCA Complaints?
Dec 10, 2008How 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.
Good Webhosts Not Effected By The DMCA
Feb 27, 2009I 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?
DMCA Friendly Streaming Server
Mar 23, 2009We 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).
InterServer Doesn't Care About DMCA
Apr 27, 2009About: 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.