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| | #51 |
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I don't know the in's and out's of this, I'm kinda slow, but the whole thing seems kinda hinky to me. The way I get it, somebody, say, Bob sends OP an article about, say, chickens, and in the article drops a coupla links to the Bob Chicken Ranch website or Sally posts an article about hair styling and drops in a coupla links for her Curl Up and Dye Hair Salon. Now comes, allegedly, a guy from, say, XYZ Co. saying that an article on OP's website contains links to their company and the company wants these removed. Well, if Bob puts links in his article about Bob's Chicken Ranch and Sally puts links to Curl Up and Dye in her article, who puts links to the XYZ Co. in the offending article? Doesn't make any sense, at least to me. Well, never mind just read some other posts more thoroughly .... Still think I'd check out the Bozo from XYZ Co., or at least this supposed representative and see if he's legit. |
| Last edited by wtd1; 03-16-2012 at 08:58 PM. Reason: Read previous posts the way I should have. | |
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| | #52 | ||
| Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA.
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MS link irks Ticketmaster - CNET News Was settled by Microsoft who agreed to link to their main site rather than linking to the purchase page, so Ticketmaster filed the lawsuit and did get the links removed that they wanted removed. Quote:
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| | #53 |
| ... is not this chick. Join Date: Aug 2005 Location: Potemkin Village
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The information on Linking at Chilling Effects looks worth reading. Read the FAQ on linking there.
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| Hi. | |
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| | #54 | |
| Senior Warrior Member War Room Member Join Date: Jul 2008
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Surely you must have known that he was just venting? I knew it right away...but then again, what do I really know? Peace out... | |
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| | #55 | |
| Advanced Warrior War Room Member Join Date: Feb 2010
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And *IF* the sender is not the site owner, then they are trying to undermine the site owner, so sending a (much smaller) link blast would show them that trying to undermine the comp just makes the comp stronger. But on that one, there is a CHANCE that the site owner could be hurt, so, no, I can't really condone it. But I might contact the site owner directly and ASK if I can buy him a fiverr gig and tell him why. So obviously, one would have to find the answers to a couple questions before deciding what to do. | |
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| | #56 | ||
| Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA.
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| | #57 |
| Senior Warrior Member War Room Member Join Date: Aug 2008 Location: central Florida
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| People can request whatever they want, but they don't have the right to demand it.
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| | #58 | |
| Advanced Warrior War Room Member Join Date: Feb 2010
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For the record, I would much rather interact with you politely and respectfully (as above) than with the personal nastiness (as elsewhere). Think that might be possible? | |
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| | #59 | |
| Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA.
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No telling whether or not it would hold up in court. I only found one lawsuit about linking and it was settled out of court (the link was removed). But in reference to the email the OP received, he doesn't really even know who is behind it and for what reasons it was sent. Personally, I would be curious about that and I'd go to that website I linked to and ask them personally what was up. | |
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| | #60 | |
| Advanced Warrior War Room Member Join Date: Feb 2010
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| | #61 | ||
| Bill Platt War Room Member Join Date: Jul 2004 Location: Stillwater, Oklahoma, USA.
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For those who hate clicking to another page, here is what Chilling Effects says: Quote:
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| Bill Platt --> Redneck Marketer --> NEW PRODUCT: Reach Your Target Audience Writing Puzzle --> Professional Kindle Marketing --> Professional Book Marketing ![]() --> I Love The Smell of Napalm in the forum <-- | |||
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| | #62 |
| GarrieWilson.com War Room Member Join Date: Jul 2006 Location: Mount Vernon, IL
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That's not a valid reason to send a DMCA. Your host should know that. Garrie |
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| | #63 |
| HyperActive Warrior War Room Member Join Date: Jan 2012 Location: Frankenmuth, MI
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Interesting blog post. I am guessing your letter came from here: How to send a DMCA takedown notice | Guardlex – Intelectual Property protection, DMCA services, anti piracy services |
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Want to write an e-book, but don't have time? http://handsfreeebook.com | |
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| | #64 |
| Active Warrior Join Date: Feb 2012
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I predict Entricon to be the next person to receive a dmca letter for his post. Lol for those who haven't gotten my humor so far in this thread.
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| | #65 |
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| | #66 | ||
| Happy Hooker War Room Member Join Date: Jun 2007 Location: North of the Peace River, Southwest Florida, USA.
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So they honor the letter of the law and forward the notice as required. As I read things, and I admit to zero legal training, you then have 48 hours to respond. Since the links were the content in question, simply (temporarily) disabling them would comply with HG's requirements. Sending a response similar to the one agc posted (without the vitriol) and notifying HG that you have done so gets you both off the hook had you chosen to pursue it. | ||
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| | #67 | |
| Advanced Warrior War Room Member Join Date: Feb 2010
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I was intentionally nasty because the DMCA notice came under the signature of a lawyer who should clearly have known better. So either she's retarded, or she's too lazy to read what's being sent out with her name on it. Either way, as a lawyer, she well deserved every bit of nastiness in the response. I wanted to send her home in a bad mood and ruin her dinner. | |
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| | #68 |
| Active Warrior Join Date: Aug 2011 Location: Long Island City
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| Wow, That's strange. I have never even heard of such an occurrence before. Maybe you should integrated your own posts and links in order for you website to seem less fraudulent. I mean, I have other peoples post and links on a couple of my websites also and that never happened to me before. I might be because I have a number of my own posts and links at the website as well. |
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| | #69 | |
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I have a more of my own posts and links on the site than have been submitted. Perhaps you missed the part where they sent me these articles to use on my site for including the links for them? The whole point of my post is that just because it hasn't happened to you doesn't mean it won't. It appears to be a growing trend. | |
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| | #70 |
| Active Warrior Join Date: Feb 2012
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Update, I sent the company an email asking for an explanation and received a reply this morning. I think this sets a very dangerous precedent if people are willing to spam out dmca requests to have links removed. Google seems to be starting to hold weak links or links they don't like against sites. Sites want those links gone, even though they asked for them. Some companies are offering to remove all of those links for you for a low monthly fee. Expect a growing rash of this if something isn't done. It could waste a lot of time for all of us. Dear Lifeshield, I'm writing to ask if your aware of someone making dmca requests on your behalf? I was contacted by my hosting provider saying that your company filed a dmca request against my website xxxxx.com. Please verify if you are in fact responsible for the company "Guardlex" acting on your behalf in this matter. For what its worth I've removed all links to your company, but here are a few facts you should be aware of: 1. The links I was asked to remove were submitted by your company or someone acting on your behalf. 2. Articles and links were submitted via the "postrunner" system of article submissions. Do you have someone at your company submitting these articles to various websites? 3. These links and article portrayed your company in a positive light and were submitted by someone acting on your behalf. 4. The DMCA request did not ask for removal of any copyrighted material. It asked for the removal of links to your website. It did not request removal of any content. 5. This isn't a copyright issue. It's a linking complaint. A complaint about links that someone promoting your company asked for. Asking to have links removed is not a valid reason to send a dmca. 6. FYI - Attorneys fees are recoverable against someone who makes a fraudulent DMCA complaint. 17 USC Section 512 (f) 7. As I stated above, the links have been removed and I have no interest in further promoting or portraying your company in a positive light. 8. You have wasted a considerable amount of my time by first asking me to publish your content and links, then contacting my hosting service to have them removed, forcing me to find and remove the links, write multiple emails to my hosting provider and contact you. My time is very valuable. I look forward to an immediate reply letting me know if your in fact responsible for this, why you've made this request to have links removed, if you've hired this Guardlex "company" to act on your behalf. If you aren't responsible for this I look forward to your investigating this company that's sending out improper dmca requests on your behalf. Dear Mr. Winkle, We do apologize that the removal of links relating to LifeShield.com have cost you valuable time. Our VP of Online Marketing indicated the following. "Guardlex is an anti-piracy firm we hired to remove links. Google has hit us with penalties for having these links and if they are not removed we will continue to be penalized. Personally, I think the links on his sites are fine but Google does not like them." We did appreciate your support and hope you accept our apology. Kind regards, Don Truax Director of Customer Support |
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| | #71 |
| Active Warrior Join Date: Feb 2012
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Isn't their email reply an admission of making a fraudulent dmca complaint?
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| | #72 | |
| Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA.
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Glad you emailed them so everyone knows exactly why you got that email and from who. | |
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| | #73 |
| Active Warrior Join Date: Feb 2012
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I got a further reply: Lenny, Hello. I handle the interactive marketing at LifeShield. We received a penalty by Google for having ‘unnatrual’ links to our web site. They had cited sites like yours, among others, as specific examples for our penalty. Google SPAM team is getting more and more aggressive with its updates. You are merely being asked to remove our links that were distributed by a 3rd party. LifeShield did not distribute those articles or approve of those articles distributed to your web site. We do not plan to take any action otherwise. We hired Guardlex as a service to force removal as the Google Penalty has severely impacted our business. Evan S. Kramer SVP Interactive & Ecommerce Refer Friends And Family to LifeShield And Earn FREE Service My reply: Evan, I wonder, do you realize that your severely impacting other peoples business by sending out false dmca requests that claim copyright infringement? Dmca requests are not a tool for link removal. Your severely hurting my business as well as that of many others with your false claims. You've also wasted a lot of my time. If those articles weren't distributed by your company or on your behalf, who did distribute them? You should really be looking into that as well. You can read more about this in this discussion: 1st dmca complaint ever and they want me to remove links? I found post #21 especially relevant. |
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| | #74 |
| Senior Warrior Member Join Date: Jun 2011 Location: Cleveland, Ohio
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What a horrible tactic. Some data centers will charge clients up to $300 per incident to clean up DMCA complaints. Others might cut off the client because of two many claims. False claims like this could become costly soon. I imagine lawsuits coming from this type of behavior very soon. |
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| | #75 |
| Senior Warrior Member Join Date: Jul 2006 Location: North Carolina
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| Yes, they do. They do not have the right to file bogus DMCA requests that put someone's site in jeopardy over an issue they are under no obligation to comply with.
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Coming soon....?
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| | #76 |
| teamforstartup.com War Room Member Join Date: Apr 2011 Location: In this World
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Just remove them and avoid any headache that could causing you some trouble with any complicated actions that you could receive from this DCMA complaint or others or even FTC. Maybe someday I receive a complaint from DMCA or FTC that my girl friend must change her name Michelle because is copyrighted to Michelle Obama The first Lady USA always the best |
| Team For Startup Why Think Twice To Startup!! | |
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| | #77 | |
| HyperActive Warrior Join Date: Jun 2011
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i do not live usa, so do i need to feel threatened by dcma? | |
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| | #78 |
| Advanced Warrior War Room Member Join Date: Sep 2009
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I myself consider that making others remove their links because of DMCA complaint is a great idea to prevent online piracy. Because noone has the rights to share unauthorized files in the internet without legal permission from the producers.
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| | #79 | |
| Advanced Warrior War Room Member Join Date: Feb 2010
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Fair use - Wikipedia, the free encyclopedia "In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. " | |
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| | #80 |
| Suzanne War Room Member Join Date: Jan 2007 Location: Virginia, USA.
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| This thread doesn't have anything to do with piracy or copyright. It has to do with someone spamming their links all over the place and being penalized by Google for doing that and now wanting those links to disappear.
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| | #81 | |
| Senior Warrior Member Join Date: Jun 2011 Location: Cleveland, Ohio
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Most complaintants will contact you to remove the content first. If you're unsure of the legality, pull it down, apologize, and hope for the best. In reality, anyone with a modern website should put all this information into policies to avoid problems. State clearly what your policies are concerning IP and give people a chance to contact you for removal. If DMCA complaints aren't done right, it could blow up for people making the complaints too. One thing I didn't like about the 'form letter' displayed earlier in this thread is that it had two versions. (I represent the client, and 'I am the copyright holder.') In the first incidence, they're stating they don't own the copyright but are demanding the material is pulled down. Don't forget, in the USA, anyone can sue anyone for any reason basically. They might sue you, but you might sue them too. It all depends on the financial equation. | |
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| | #82 |
| Active Warrior Join Date: Jan 2011 Location: New York.
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hello - methinks this is obvious. 1)Find a few thousand links on obviously spun content. 2) email the owners of the linked business and show how google is penalizing sites for this type of content (not that hard to document). 3) offer to have it cleaned up and only get paid if successful. 1000 emails; 1/2 agree; 50% effective; 250 businesses pay you $100. wow, this may be a wso. oh yeah, rinse and repeat. I would use the law firm of Dewey, Cheatham, and Howe. |
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| | #83 | ||
| Senior Warrior Member Join Date: Oct 2007 Location: Yorkshire, UK
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Lenny, thanks for posting your communications with Lifeshield here. Those of us with article sites may find the information useful in the future. | ||
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| | #84 | |
| Senior Warrior Member Join Date: Oct 2007 Location: Yorkshire, UK
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| | #85 | |
| Active Warrior Join Date: Feb 2012
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On the subject of hosting let me say I purposely used the initials of my hosting provider, as opposed to naming them, since they aren't at fault and its technically not their problem. I do not blame them in the least or hold them in any way responsible. That said, I wish my hosting company would step up and help put a stop to this before it becomes a wide spread problem. Yes, it will cost them some money to make an example here but it would save them a lot of money in the long run by setting an example and letting people know that filing false dmca requests isn't going to fly as a method of removing links as a google pleasing strategy. This will become much more of a problem until someone fights it. Take my example. Lifeshield got exactly what they wanted by filing a false dmca claim because I don't have the energy, inclination or resources to fight them. They used a scummy tactic to get their way but it has a high rate of success. I'm happy with my hosting company hg, that said I know that the ceo posts here occasionally and I wish that they would take an initiative to protect their customers and make an example. Fwiw they very well could be and I'm likely unaware of efforts being made. It does make me nervous when I get emails from my hosting provider telling me I have 48 hours to do something or face being shut down. There's a lot of potential risk. | |
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| | #86 |
| HyperActive Warrior War Room Member Join Date: Feb 2012 Location: walsall
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To be honest I think the 3rd party has paid a heavy price, firstly for the back links they brought, secondly the back links they had to pay someone to clean, and as quoted before if they had asked nicely most web hosts would remove the content any way. lesson of the day, do not buy a 30,000 back link package from fiver to your web site........... buy it for your link wheel instead. or just do seo the right way or just pray you do not get caught. |
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The four P's....... PDF Marketing Power Point Marketing Public Relations Marketing Podcast Marketing | |
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| | #87 |
| HyperActive Warrior Join Date: Dec 2011
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I got a couple of these letters in the past few days for a couple of my general article directories (same letter as in the OP). People are getting "unnatural links" warnings in Webmaster Tools and freaking out. The specific site that sent me the requests dropped from #1 to #12 for an extremely lucrative keyword they had been heavily backlinking for about 2 years. I doubt removing all their links is going to help, since those links are the only reason they ever got to #1 anyways... |
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| | #88 | |
| Active Warrior Join Date: Feb 2012
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I was looking for content and agreed to publish the article they asked me to publish. Now they're coming after me with false dmca requests to remove links to their business. They didn't ask me to remove the articles, or claim any copyright infringement. This is an entirely different subject than purchasing a bunch of backlinks on fiverr | |
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| | #89 |
| HyperActive Warrior Join Date: Dec 2011
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I actually had 12 articles from them, 2 links in each. I just deleted the articles because it's not worth the bother. Not like they were high quality articles anyways. (I did briefly consider the fiverr spam in revenge, but it's not worth $5.) |
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| | #90 |
| Advanced Warrior War Room Member Join Date: Jan 2007 Location: Minnesota
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The number of people in this thread that don't understand the core issue here is astounding. The point is that this company is causing work for website owners ILLEGALLY. Filing a DMCA notice for a link you want removed is clearly not covered, and I'm sure they know that. Here's the kicker - with DMCA, your host considers you guilty until proven innocent. They have no interest in getting involved. So I can send your host a DMCA notice that says "Joe has a website that is blue, and I'm offended by the color blue. I demand that he remove the blue from his website because it's infringing on my rights." You're going to get the same form letter and be FORCED to comply or they'll turn your site off. It's just easier than actually evaluating the claim and it clears them of liability. It's YOUR job to either a) go through however much work it is to comply with the request or b) FAX a freaking letter back to your host (sending it via mail won't get there in time). This situation is exactly why our courts are not 'guilty until proven innocent'. This situation will only be resolved when people who receive these letters go after the company (guardlex) and force them to pay ridiculous legal fees. But people won't do that, because as everyone in this thread keeps saying "just take them down, it's easier and faster". So they'll keep charging $24 and costing website owners untold amounts of money to hunt down and remove these links. |
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| | #91 |
| Senior Warrior Member War Room Member Join Date: Jul 2008 Location: , , .
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| | #92 |
| HyperActive Warrior War Room Member Join Date: Nov 2006 Location: Bucharest, Romania
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Removing *free* links cost time, i hate idiots who beg for free links and after that cause problems to remove them, also *free* remove their links, dosnt worth the time wasted and go post their website link on BHW with the dmca story, they will have few millions quality backlinks in 1 day. If you are an a-hole you must get what you deserve. With Google's help ofcourse, stupid ideas result in stupid results. P.S. I got a lot of *remove my link google spanked me* emails lately, i put them to verify their ownership with a file on their site and remove their links if they comply. It cost me time but its worth as they are business leads anyway, that can be converted. But first idiot that will cause me problems with my host/registar via a dmca will have their websites wiped from the face of google's index (if you think negative seo cant be possible ... lol, dream on). I distribute justice without any incentives except my own personal philosophy. |
| Only 30$ - 1000 PageRank 1+ (Google Loves Them) Web Directories Submissions - Rotating Anchor texts, rotating descriptions, slow or fast submissions.
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| | #93 |
| Freelance C#/SQL guy War Room Member Join Date: Jul 2010 Location: London, UK
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Interesting thread. A Hubber once asked me to remove links to their Hubs. Since I was using the HubPages RSS feed to get the links I refused. I'd like to know what the niche was in OP's story. The disturbing thing about OP's story is that it shows how easy you can lose your hosting - most hosts are very cheap with wafer thin margins and they don't need hassle from lawyers. Closing your account is the easiest way for them to deal with complaints. |
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| | #94 |
| Advanced Warrior War Room Member Join Date: Feb 2010
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I've gotten 5 of these requests in the last week. I've started responding w/ a form letter stating that my administrative fee is $95 per link. Maybe those autoblogs I abandoned 2 years ago will turn a profit after all. Makes me wish I hadn't disconnected all the spam feeds. ;-) |
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| | #95 |
| HyperActive Warrior War Room Member Join Date: Sep 2010 Location: Alabama
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It's nearly a month later and I also have been pestered by link removals. In my case it is an autoblog that I tossed up a couple or three years ago that has since been pandarized. The first time around I removed the links. Then the mails kept coming. I ignored them. Then I get the DMCA threat today. The mail was from somebody at gmail. So I don't really know WHO was requesting the removal. Gutless. But, it's pretty obvious that it was somebody working SEO. Possibly a company. The way I read the DMCA, they are there for duplicate or stolen content...not to make SEO companies happy. Never-the-less, I removed the links and wrote a snippy mail back to the person who threatened me. I told her that she really didn't want to mess with me and that if I heard back from her I would make whichever company it was that the link went to a "special project." Would I follow through? Probably not. But it's a risky business threatening site owners for something they didn't ask for...promo articles. I'd be much more happy helping an actual site owner than a scruffy SEO "specialist" with an attitude. I put the question to the DMCA. Hopefully I'll get an answer. In the meantime, I don't plan on being an unpaid member of some SEO staff. (But I did today. Sigh.) I think ol AGC got it just about right... "I've gotten 5 of these requests in the last week. I've started responding w/ a form letter stating that my administrative fee is $95 per link." If we all started doing this, I can promise this problem would go away quickly. Norm |
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| | #96 |
| Active Warrior War Room Member Join Date: Jul 2011 Location: Birmingham, AL
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I had a company send me an email also. I did find their links. They happened to be located in the comments on my blog. Some spammer was an affiliate of the company. I removed the comments and all is well. Watch out for spam comments on your blogs.
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| | #97 |
| Weight Loss Warrior War Room Member Join Date: Jul 2006 Location: Canada
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They're still at it; a blog post from pskl.us: We got a takedown notice from LifeShield for our positive review - pskl.us Suzanne |
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| | #98 |
| Formerly Alex Nordach War Room Member Join Date: Jan 2010 Location: Hiroshima, Japan
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I'm nowhere near at the level of knowledge about this stuff that a lot of people here are, but I'll add something. I live in Japan. I got a cease-and-desist notice a little while back from a competitor who didn't like a review I'd put up on one of my blogs. They wanted the review taken down, the entire blog taken down, a letter of apology, and were threatening to sue for legal damages involving defamation, etc. etc. This came from an attorney in California. I went ahead and removed the offending review (which, although it was completely factual, was a bit on the sarcastic side) and told them to go jump in a lake for the other stuff. How are they going to sue me in Japan? It simply won't happen. It would cost them more to just look at an attorney who is capable of suing me here than they could ever hope to get in a judgement...assuming that they could even enforce the judgement at all. I understand that not everyone wants to live outside the USA, or uproot themselves for the sake of their business. But given how things are going in America, I think that it would be a very prudent move to get hosting in some other country (or countries). It doesn't cost much (if any) more, you can usually work in English, and the extra level of protection that you get makes any extra hassle more than worth it in my mind. Americans are used to living with the threat of extreme legal penalties for pretty much any infraction. But most other countries aren't that silly. You do something wrong, you make it right, and that's that. There aren't any millions of dollars in punitive damages yada yada. If the OP had had his hosting in Belgium (for example; I don't actually know about the law in Belgium), this whole thing probably wouldn't be an issue. |
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| | #99 | |
| It's in my Signature :-) War Room Member Join Date: Nov 2003 Location: ID, USA.
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The law provides you the option to counter... Of course that does not mean your host will comply with the law. Here is a decent reference and tool for DIY counter DMCA notice: Do-It-Yourself Counter Notification Letter If you do send a counter to the complaining party send one to your host as well. The next step the complaining party must take after a counter DMCA notice is in the courts. | |
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| | #100 |
| HyperActive Warrior War Room Member Join Date: Sep 2010 Location: Alabama
Posts: 130
Thanks: 7
Thanked 46 Times in 36 Posts
| I've got another one for you. Because I kept getting "requests" to pull links from a certain pesky autoblog, I just took the thing down. With no PR it serves better to just start over with something more G friendly. Now, at most, you'll get the index page. Period. Ok... So today, a few days after I take it down I get ANOTHER removal request. The jerk using gmail, claiming to be from the offended site didn't even go check to see the page. So, I wrote him back a very innocent note... (including the clear your history bit, heh heh...) I'm sorry. Please recheck your information and clear the history of your browser if necessary. This link to page ( http:xxx ) does not exist. In the future we will be very happy to remove any other links upon request. The administrative fee is $95.00USD per removal, payable to PayPal. Please advise your company. Instructions for payment will be issued at that time. Norm Not only do these reverse SEO guys want us to do all the work for something we didn't ask for or do, but then don't even take the time to check to see if the link (or site) is even there! If we all start politely start charging to remove autoblog links, chances are good the whole thing will go away. In the meantime, unless I miss my guess, I'll get a second mail soon threatening me with the DMCA if I don't remove the link on the page that does not exist. Norm |
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