1st dmca complaint ever and they want me to remove links?

by Lenny Winkle 111 replies
I received an email from my hosting provider for my 1st dmca complaint. I'm a little confused at the fact that someone can send you a notice forcing you to remove links from your site? There's no complaint about the content just that there are links to the site he is representing.

Fwiw this is on a basic article site I threw up which posts articles submitted directly by people wanting links. These articles are sent to me with links to what they're obviously promoting. I don't really care and just removed the links, but can people really force you to remove links from your site? Is this a joke?

The letter: (verbatim including punctuation and single paragraph use - except for names)

Hello, My name is Mr. Atrocious Grammar, I am the Head of Anti Piracy Department of xxxxxx company (wwwxxxxxx.com), we provide anti-piracy and Intellectual Property protection services for xxxxxxx, Inc (wwwxxxxxx.com), so I'm a person authorized to act on behalf of the owner of the company. It has come to our attention that your website or website hosted by your company contains links to xxxxxxx, Inc website (wwwxxxxx.com) which results in experiences financial loses by the company we represent, because of search engine penalties. I request you to remove from following website (http:/xxxxxxxxxcom/xxxxx/xxxxx) all links to wwwxxxxxxx.com website as soon as possible. In order to find those links please do following: 1) If this is an online website directory, use directory's search system to look for "xxxxxxx" links. 2) If there are any hidden links in the source code of website, open website main page and v! iew its source code. Search for "xxxxxxxcom" in the source code and you will see hidden links. I have a good faith belief that use of the material in the manner complained of is not authorized by xxxxxxx, Inc, its agents, or the law. Therefore, this letter is an official notification to effect removal of the detected infringement listed in this letter. I further declare under penalty of perjury that I am authorized to act on behalf of copyright holder and that the information in this letter is accurate. Please, inform me within 48 hours of the results of your actions. Otherwise we will be forced to contact your ISP. xxxxxx, Inc will be perusing legal action if the webmaster does not remove the referenced link within 48 hours. xxxxxx, Inc will be forced to include the hosting company in the suite for trademark infringement. Looking forward for your positive reply. Regards, Mr. My Grammer Is Atrocious Head of Anti Piracy Department xxxxxx company 1111 xxxx st! r, Brooklyn, NY, 11224 Tel: Fax: E-mai! l: pirac y@xxxxxxcom

I'm tempted to post the real name / link here with xxxxx.com is a scam so they can get a bunch of free links from warriors
#main internet marketing discussion forum #1st #complaint #dmca #links #remove
Avatar of Unregistered
  • Profile picture of the author WhamSoft
    Seems very odd indeed.

    I'm no legal expert but I don't see that you have broken any laws.

    They could of just requested you remove the links without a dmca notice, the dmca is for copyright infringements.

    I'd remove the links and break any ties with the company.

    Are your links affiliate links or did you write up a negative review on this company or something?

    Lee
    {{ DiscussionBoard.errors[5840265].message }}
    • Profile picture of the author Karen Blundell
      very strange. I have never heard of this happening and perhaps our in-house lawyer or anyone else with experience re DMCAs can chime in. I think you did the right thing by avoiding the hassle of dealing with this company and removing the links.

      Who needs the headaches, eh?
      Signature
      I love life!
      ---------------
      Free Web Tools
      {{ DiscussionBoard.errors[5840341].message }}
      • Profile picture of the author Lenny Winkle
        Originally Posted by Karen Blundell View Post

        I think you did the right thing by avoiding the hassle of dealing with this company and removing the links.

        Who needs the headaches, eh?
        I agree and that's why I just broke the links. I don't like the precedent it sets nor do I like the thought of anyone telling me what links I can or can't have on my site.
        {{ DiscussionBoard.errors[5840393].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by WhamSoft View Post


      Are your links affiliate links or did you write up a negative review on this company or something?

      Lee
      No, I should have made that clear in the op. They aren't affiliate links and it isn't a negative review, though I don't think that gives you a right to have it taken down.

      This was an article submitted to my site by someone promoting the link (standard 350 word article about the product with 2 links in it placed there by the person that submitted it).

      The article has been there a while, gets no traffic and upon going back and looking, it was obviously spun ( I didn't do much quality control when I 1st started the site).

      So someone goes around promoting something and then comes back later and wants the links removed, but doesn't care about the content?

      Possibly strange technique to have your competitors links removed? I mean if he sent out one of these to every single site with a link I have to think he'd have a pretty high success rate at having links removed right?

      I know I did, even though I know I shouldn't have to remove any link from my site.
      {{ DiscussionBoard.errors[5840365].message }}
  • Profile picture of the author Fernando Veloso
    It has come to our attention that your website or website hosted by your company contains links to xxxxxxx, Inc website (wwwxxxxx.com) which results in experiences financial loses by the company we represent, because of search engine penalties.
    Says it all. Really.

    They got it by Google (most probably those emails/alerts in WMTools) and they want all backlinks removed.

    Wanna bet?
    Signature
    People make good money selling to the rich. But the rich got rich selling to the masses.
    {{ DiscussionBoard.errors[5840371].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by Fernando Veloso View Post

      They got it by Google (most probably those emails/alerts in WMTools) and they want all backlinks removed.

      Wanna bet?
      I certainly wouldn't bet against it. I'm very tempted to give them some free backlinks here.
      {{ DiscussionBoard.errors[5840400].message }}
      • Profile picture of the author Fernando Veloso
        Originally Posted by Lenny Winkle View Post

        I certainly wouldn't bet against it.
        They want those backlinks removed. Thats all. And I bet 100 bucks they got a warning in their G Webmasters Tools. Thats why they're all so stressed out... lol
        Signature
        People make good money selling to the rich. But the rich got rich selling to the masses.
        {{ DiscussionBoard.errors[5840411].message }}
        • Profile picture of the author Lenny Winkle
          Originally Posted by Fernando Veloso View Post

          They want those backlinks removed. Thats all. And I bet 100 bucks they got a warning in their G Webmasters Tools. Thats why they're all so stressed out... lol

          I'm thinking I might head over to fiverr, place a couple of orders and email the details to him at his piracy@ email just for a fun way to waste $20 and to ensure this gentleman stays busy for a few days.
          {{ DiscussionBoard.errors[5840452].message }}
          • Profile picture of the author Fernando Veloso
            Originally Posted by Lenny Winkle View Post

            I'm thinking I might head over to fiverr, place a couple of orders and email the details to him at his piracy@ email just for a fun way to waste $20 and to ensure this gentleman stays busy for a few days.
            Crossed my mind too, but I promised my wife I wouldn't be a bad boy again.

            :p
            Signature
            People make good money selling to the rich. But the rich got rich selling to the masses.
            {{ DiscussionBoard.errors[5840462].message }}
            • Profile picture of the author Kay King
              I don't get the emotional attachment to links you didn't intentionally use or don't profit from.

              We may see more of this in the future as Google starts devaluing sites with nonsense links pointing to it. What would be the point of links in an article on your site if those are not affiliate links? Just to "link" - that's all.

              Kind of funny when you realize site owners hired people to do thousands of crappy backlinks - and now may hire more expensive people to get those backlinks removed....
              Signature

              Saving one dog may not change the world - but forever changes the world of one dog.

              {{ DiscussionBoard.errors[5841262].message }}
              • Profile picture of the author Lenny Winkle
                Originally Posted by Kay King View Post

                I don't get the emotional attachment to links you didn't intentionally use or don't profit from.

                We may see more of this in the future as Google starts devaluing sites with nonsense links pointing to it. What would be the point of links in an article on your site if those are not affiliate links? Just to "link" - that's all.

                Kind of funny when you realize site owners hired people to do thousands of crappy backlinks - and now may hire more expensive people to get those backlinks removed....
                I have exactly 0 attachment to those links, I could care less but I don't like receiving a threatening email telling me to take links off of my site.

                The point of the links is that people trade writing articles for your site in trade for a couple of back links to their site. This person sent me the article to use on my site in trade for a couple of links to their site. The point is that the links in an article take you to a site with more information. It's very common.

                "What would be the point of links in an article on your site if those are not affiliate links? Just to "link" - that's all."

                You really don't understand the point of links in an article if they're not affiliate links? Really?
                {{ DiscussionBoard.errors[5841307].message }}
          • Profile picture of the author Jeff Lenney
            Banned
            Originally Posted by Lenny Winkle View Post

            I'm thinking I might head over to fiverr, place a couple of orders and email the details to him at his piracy@ email just for a fun way to waste $20 and to ensure this gentleman stays busy for a few days.
            even better - offer to remove the links at a cost of $25 per link removed
            {{ DiscussionBoard.errors[6373179].message }}
  • Profile picture of the author dv8domainsDotCom
    Yeah, I can only think that the "anti-piracy" rep and the "SEO" rep (if any) of this company REALLY need to get a pow-wow together and discuss what a backlink is, and as long as the content is relevant that a backlink from any source is generally, a GOOD thing!
    1) They're idiots.
    2) Remove links, tell them you did so, and be done with the idiots.
    Signature
    Support a Warrior, Save Money!
    Rock Bottom Prices on Domains and Website Hosting
    {{ DiscussionBoard.errors[5840405].message }}
  • Profile picture of the author Mike Hill
    LOL... The article on your website is probably outranking their own site in Google and the SEO guys are scarred that one article can do that so they are forcing you to take it down so they don't look like douches to their customer... LOL
    {{ DiscussionBoard.errors[5841286].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by Mike Hill View Post

      LOL... The article on your website is probably outranking their own site in Google and the SEO guys are scarred that one article can do that so they are forcing you to take it down so they don't look like douches to their customer... LOL
      I didn't look but the ting is they aren't asking for the content to be removed or claiming copyright infringement. They're claiming the links have to be removed because its hurting their business.

      You surely can't go around the internet forcing people to remove links from their sites, let alone because you think they make you look bad?

      Granted it isn't a great article but its readable 300 words and ranks pretty decent in my seo plugin for on page. It's not a negative link.

      This is why I almost think it could be their competition. Send out an email to all of your competitors linking sites and get even 50% taken down?
      {{ DiscussionBoard.errors[5841337].message }}
      • Profile picture of the author Mike Hill
        Originally Posted by Lenny Winkle View Post

        This is why I almost think it could be their competition. Send out an email to all of your competitors linking sites and get even 50% taken down?

        LOL... never thought of that! Someone will turn that strategy into a WSO "STEALTH SEO"... :p
        {{ DiscussionBoard.errors[5841345].message }}
  • Profile picture of the author J Bold
    Legally, in the U.S. at least, I don't see how someone can force you to remove links. It's your site, you can link to who you want to as long as you aren't unlawfully libeling them or intentionally bad-mouthing them by telling lies in the actual content on your site.

    They can request, but I don't see why you would have to comply if you are not doing anything against the law.

    Though I'd like to hear a lawyer's thoughts on that issue.
    {{ DiscussionBoard.errors[5841347].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by redicelander View Post

      Legally, in the U.S. at least, I don't see how someone can force you to remove links. It's your site, you can link to who you want to as long as you aren't unlawfully libeling them or intentionally bad-mouthing them by telling lies in the actual content on your site.

      They can request, but I don't see why you would have to comply if you are not doing anything against the law.

      Though I'd like to hear a lawyer's thoughts on that issue.
      I agree, but you have to admit it worked. It isn't worth my time or hassle and since they sent the letter to my hosting provider it certainly isn't worth getting in a hassle with them.

      That said:
      1. Why would anyone send a letter to have 2 links to their website removed. Links that were in a readable 300 word positive article about their service. They didn't ask to have the article removed, they just want links to their site, that paint them in a positive light.

      There's nothing wrong on my site, all decent articles, no controversial topics, no porn, only a couple of ads. They sent me this article.

      2. Who would ever think they have a legal right to do that.

      3. If you did do that what level of success do you think you'd achieve.

      4. It seems like it works ( worked on me) but it seems like the only person who benefited was this services competitors
      {{ DiscussionBoard.errors[5841420].message }}
  • Profile picture of the author Exel
    Reading that mail this is what I saw (edited):

    It has come to our attention that your website or website hosted by your company represents serious competition to our business, which results in experiences financial loses by the company we represent, because of search engine penalties. I request you to close your business as soon as possible, so we can have no competition.
    Someone opens a store in your neighborhood: "hey buddy, would you please close your store, I'm getting less customers, thanks."
    {{ DiscussionBoard.errors[5841405].message }}
  • Profile picture of the author Charanjit
    I would personally make sure I out rank the website you are linked to, then in the site write how it only cost you $5 dollars to get their.
    Signature

    Want to learn more, read read and read more. http://www.mannusblog.com/index.php/...e-optimisation

    {{ DiscussionBoard.errors[5841406].message }}
  • Profile picture of the author kindsvater
    1. This has bogus written all over it. I'd ask for a copy of the contract authorizing the person to send a DMCA notice. Just asking for the contract can be an effective way of quickly shutting down complaints.

    2. This isn't a copyright issue. Just a linking complaint.

    3. If I knew who they were and where they were, and evaluated how much I'd be tempted to delete the article (just to avoid any copyright issues) and keep the links!

    4. Send a counter DMCA notice.

    5. FYI - Attorney's fees are recoverable against someone who makes a fraudulent DMCA complaint. 17 USC Section 512(f).

    .
    Signature
    IM Product Catalog - Free. No Opt-In. Almost 40 pages of Useful Products for Your Online Business
    {{ DiscussionBoard.errors[5841430].message }}
    • Profile picture of the author Centurian
      Originally Posted by kindsvater View Post

      1. This has bogus written all over it. I'd ask for a copy of the contract authorizing the person to send a DMCA notice. Just asking for the contract can be an effective way of quickly shutting down complaints.

      2. This isn't a copyright issue. Just a linking complaint.

      3. If I knew who they were and where they were, and evaluated how much I'd be tempted to delete the article (just to avoid any copyright issues) and keep the links!

      4. Send a counter DMCA notice.

      5. FYI - Attorney's fees are recoverable against someone who makes a fraudulent DMCA complaint. 17 USC Section 512(f).

      .
      My thoughts exactly.
      {{ DiscussionBoard.errors[5841464].message }}
    • Profile picture of the author Rus Sells
      Banned
      Great points and I'd like to add..

      Unless the OP omitted some information this isn't even a valid DMCA complaint anyways.

      The OP also said that the email was sent to his hosting provider. I don't know whom you are hosting with but its apparent they don't know what a valid DMCA notice looks like either so I'd recommend switching hosts.



      Originally Posted by kindsvater View Post

      1. This has bogus written all over it. I'd ask for a copy of the contract authorizing the person to send a DMCA notice. Just asking for the contract can be an effective way of quickly shutting down complaints.

      2. This isn't a copyright issue. Just a linking complaint.

      3. If I knew who they were and where they were, and evaluated how much I'd be tempted to delete the article (just to avoid any copyright issues) and keep the links!

      4. Send a counter DMCA notice.

      5. FYI - Attorney's fees are recoverable against someone who makes a fraudulent DMCA complaint. 17 USC Section 512(f).

      .
      {{ DiscussionBoard.errors[6305072].message }}
      • Profile picture of the author housewarrior
        BTW, just got another mail to remove a link from a non-existent website as I mentioned in my last post.

        This the mail I have been getting: (When is the last time Google informed you of unnatural inbound links?)

        -----------------

        From: john.xxxx@gmail.com

        To Whom It May Concern, we have recently been informed by Google that certain links to our website, http://xxxxt, may appear unnatural.

        We would like to respectfully request removal of the link to [company name] located here: http:// xxxx

        Please reply to this email once the link(s) have been removed to prevent additional inquiries.

        If you have any questions or concerns please contact us at:

        John
        Company Name
        Phone number

        And this is the response these reverse SEO pudknockers will get back:

        To facilitate link removal we have established a link removal policy.

        We would be happy to consider link removal for any domain under our control for verifiable links once certain criteria are met:

        1. Link request is received from the owner of the requesting domain. Ergo: someone[@]business.com. We will not honor any request coming from other sources such as Gmail, Yahoo mail, or other domains.

        2. Administrative fee received of $35 per link removal, payable to PayPal. Instructions will be sent once we receive the request from the verified owner.

        Link removal requests seen to be hostile, aggressive, repetitive, or threatening will be reported as spam.

        This policy may be altered or changed at any time.

        We look forward to working with you.
        ------------------------------

        Look, I don't do business with anyone no way no how unless I can verify who they are, and the best way is with a verifiable primary mail.

        This kind of shakedown is no different. johnFROMgmail could be ANYONE.

        I think I spelled out reasonably that I would comply if the requester can be verified and will pay a small fee for my time.

        Nuff said.

        Norm
        {{ DiscussionBoard.errors[6305496].message }}
  • Profile picture of the author agc
    I kinda like doing the 10,000 backlink fiverr gig. Just one will do, no need to drop $20.

    Stop at a starbucks, or hotel w/ a computer in the lobby, create a quick gmail account, and drop the link report in an email.

    Why? Because if it's REAL, then the guy wants YOU to clean up HIS mess, for FREE. I'd charge a $99 administrative fee for redacting content. So make an even bigger mess for him to clean up.

    Or, maybe its a competitor trying to get links deleted. The backlink report w/ 10,000 links on it would be a great kick in the nuts.

    In fact, I don't kinda like it, I really like.
    Signature

    One man's terrorist is another man's patriot

    Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

    {{ DiscussionBoard.errors[5841494].message }}
  • Profile picture of the author Lenny Winkle
    Here's the email from my hosting company which included the dmca request I posted in the op:


    We have received a Digital Millennium Copyright Act ("DMCA") complaint involving domains under your control. Please note that HG has only passed on the sufficiency of the Claimant's notice, per 17 U.S.C. Sec. 512, and has not sought to determine whether the Infringing Materials on the Web Site do indeed infringe upon the Claimant's intellectual property rights.

    Within a forty-eight (48) hour period, we will need you to remove, or disable access to, the material that is claimed to be infringing or we will have to disable this material to be in compliance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.

    Under the Digital Millennium Copyright Act, your rights as a Respondent to this complaint include, but are not limited to, a possible counter-notification to us, per 17 U.S.C. Sec. 512(g)(3). We encourage you to review the federal statutory procedures for filing a counter-notification and seeking legal advice to see if taking such an action would be appropriate. Solely as an additional resource, the online form at DMCA Counter-Notification -- Chilling Effects Clearinghouse is shared for possible use in consultation with your own counsel. We cannot provide individual legal advice, and do not analyze your particular website or activity for the legality of its content.

    You may send a counter-notification using postal mail or fax; email is not accepted.




    So am I required to get involved in this beyond breaking the links? Also I don't want any hassle with my hosting since I have other sites there that are important and this site is pretty unimportant.

    I've been getting regular article submissions to the site from various posters using the postrunner plugin. I just check that the article scores ok on readability, looks ok, add tags and post. These are article writers specifically asking me to publish the article on my site.

    I just went back and checked and find this same article writer has submitted 4 separate articles that I published with links. WTF? They sought me out asked me to publish these articles they wrote and now they're coming after me?

    They only mention the links in 1 article in the letter. Let me say again I could care less about the links they're simple links to a securityservicedotcom type name. They wrote the articles and they inserted the links!?

    I'd be interested in a hosting providers opinion on if I need to deal with this beyond removing the links in the article. I'd especially be interested in the HG guys opinion since I know he posts here. I realize this isn't their issue at all, but would like to make sure I'm not heading for hosting trouble on my shared acct.

    Also to know if this is real and are they getting letters like this for other people threatening you to remove links?
    {{ DiscussionBoard.errors[5841548].message }}
  • Profile picture of the author Lenny Winkle
    Within a forty-eight (48) hour period, we will need you to remove, or disable access to, the material that is claimed to be infringing or we will have to disable this material to be in compliance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.

    My interpretation of this statement from my hosting provider is that I have 48 hr to comply with whatever someone who sent them this email says I have to do or else my websites will be shut down.

    Apparently you can write a threatening email and get people to remove whatever they say needs to be removed or your site will be shut down? Obviously if you were to argue and say no my site is fine through emails it isn't going to get resolved in 48 hrs in which case they are going to just pull the plug?
    {{ DiscussionBoard.errors[5841589].message }}
    • Profile picture of the author agc
      Originally Posted by Lenny Winkle View Post

      Within a forty-eight (48) hour period, we will need you to remove, or disable access to, the material that is claimed to be infringing or we will have to disable this material to be in compliance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.

      My interpretation of this statement from my hosting provider is that I have 48 hr to comply with whatever someone who sent them this email says I have to do or else my websites will be shut down.

      Apparently you can write a threatening email and get people to remove whatever they say needs to be removed or your site will be shut down? Obviously if you were to argue and say no my site is fine through emails it isn't going to get resolved in 48 hrs in which case they are going to just pull the plug?
      Yeah well that's what happens when you throw due process out the window and replace law enforcement w/ a private enforcer.

      You can read more on my thoughts on the matter in this thread.

      People really need to be more vigilant about protecting the rights and procedures this country was built on.
      Signature

      One man's terrorist is another man's patriot

      Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

      {{ DiscussionBoard.errors[5842226].message }}
  • Profile picture of the author Charanjit
    Do you mind posting what the web site is that your linking to, would be lough and games to send it though scrapebox and my 20,000 auto approve list. could push it to the 2 million list.
    Signature

    Want to learn more, read read and read more. http://www.mannusblog.com/index.php/...e-optimisation

    {{ DiscussionBoard.errors[5841605].message }}
  • Profile picture of the author mojojuju
    I kind of want to buy this person a crappy backlinks package on fiver.
    Signature

    :)

    {{ DiscussionBoard.errors[5841619].message }}
  • Profile picture of the author sbucciarel
    Banned
    Originally Posted by Lenny Winkle View Post


    ... which results in experiences financial loses by the company we represent, because of search engine penalties.

    I'm tempted to post the real name / link here with xxxxx.com is a scam so they can get a bunch of free links from warriors
    I wouldn't do that if I were you. They have every right to request that links to their site be removed, particularly if they consider your site to be a "bad neighborhood" or low quality link farm.

    Originally Posted by Lenny Winkle View Post

    I certainly wouldn't bet against it. I'm very tempted to give them some free backlinks here.
    Really a jacka$$ thing to do. They don't want links to their site on your site. Remove them and move on with your life.
    {{ DiscussionBoard.errors[5841622].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by sbucciarel View Post

      I wouldn't do that if I were you. They have every right to request that links to their site be removed, particularly if they consider your site to be a "bad neighborhood" or low quality link farm.



      Really a jacka$$ thing to do. They don't want links to their site on your site. Remove them and move on with your life.
      I already removed them but you can't be serious. These people sent me the article with their links and asked for it to be published on my website.

      I don't care about the links they meant nothing to me. What I do care about is the fact that someone can send a threatening letter to my hosting provider and my hosting provider will shut down my website in 48 hrs if I don't do what ever they asked.

      Going around asking to have links to your website removed is pretty dumb and will waste a lot of peoples time if it catches on.

      There's no proof this guy is the least bit legit. It's a random email. Imagine if I sent that email to your hosting provider and claimed your site was infringing on my ability to make money. What if your hosting provider told you you had 48 hrs to just do what ever I said in my mail or they'd take down you site?

      There's nothing to prevent anyone else from doing exactly the same thing
      {{ DiscussionBoard.errors[5841668].message }}
      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by Lenny Winkle View Post

        I already removed them but you can't be serious. These people sent me the article with their links and asked for it to be published on my website.

        I don't care about the links they meant nothing to me. What I do care about is the fact that someone can send a threatening letter to my hosting provider and my hosting provider will shut down my website in 48 hrs if I don't do what ever they asked.

        Going around asking to have links to your website removed is pretty dumb and will waste a lot of peoples time if it catches on.
        And there is no proof that this guy is not legit or that they were indeed the ones who submitted the article to start with. This isn't the first time I've seen sites request that their links be removed. Just look up what happened to JC Penney when their marketing dept thought it was a good idea to buy links. They got a serious Google penalty.

        And your threat of blasting them with unwanted links is a trashy response to their request to have their links removed.
        {{ DiscussionBoard.errors[5841692].message }}
        • Profile picture of the author Lenny Winkle
          Originally Posted by sbucciarel View Post

          And there is no proof that this guy is not legit
          Did you read the letter?

          Your completely missing the point anyway. Someone with no credentails sent an email to my hosting provider and said I must do "X"

          My hosting company forwarded the letter to me and said "You have to do what this guy says within 48 hrs or we'll shut down your website till it's resolved"

          You don't see a problem here?
          {{ DiscussionBoard.errors[5841731].message }}
          • Profile picture of the author sbucciarel
            Banned
            Originally Posted by Lenny Winkle View Post

            Did you read the letter?

            Your completely missing the point anyway. Someone with no credentails sent an email to my hosting provider and said I must do "X"

            My hosting company forwarded the letter to me and said "You have to do what this guy says within 48 hrs or we'll shut down your website till it's resolved"

            You don't see a problem here?
            No, you're missing the point. Instead of just filing a counter DMCA if you feel you have to have those links on your site, you're acting like a 12-year old brat suffering from roid rage and threatening to link blast his site.
            {{ DiscussionBoard.errors[5841776].message }}
            • Profile picture of the author Lenny Winkle
              Originally Posted by sbucciarel View Post

              No, you're missing the point. Instead of just filing a counter DMCA if you feel you have to have those links on your site, you're acting like a 12-year old brat suffering from roid rage and threatening to link blast his site.
              I don't care about the links. I removed them like 5 minutes later and I'm not upset in the least. I'm trying to point out something here that could just as easily cost YOU a bunch of $. Furthermore the link blasting was a joke I thought that was obvious, but it is a funny idea.

              Yes, I could file a counter dmca. I never would because it isn't worth the effort, not to mention this has nothing to do with copyright.

              Read this again: (It's a very important paragraph from the email they sent me)


              Within a forty-eight (48) hour period, we will need you to remove, or disable access to, the material that is claimed to be infringing or we will have to disable this material to be in compliance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.

              So, I have 48 hrs. There is no way I could file a counter dmca. You may send a counter-notification using postal mail or fax; email is not accepted

              I certainly can't send them a letter and have this resolved in 48 hrs. That leaves 2 choices:

              1. Remove whatever someone sent an email and said I should remove or

              2. Have my website shut down, possibly my hosting

              A few minutes on google and I've found:

              1. This person doesn't work for this company, he runs a small online service where for $24 he'll do:

              "Simply send us the link to the original content and to the content you want to be removed. Our experts will perform a DMCA takedown to block access to your content!"

              Just how much research do you think he's doing for $24. Send him something you want taken down and he sends an email and more often than not it gets removed because people don't have an option or don't care.

              What if this guy sent a dmca to your money site's home page and you got a letter saying you had 48 hrs to take it down or they'd pull your website?
              {{ DiscussionBoard.errors[5841869].message }}
              • Profile picture of the author sbucciarel
                Banned
                Originally Posted by Lenny Winkle View Post

                Yes, I could file a counter dmca. I never would because it isn't worth the effort, not to mention this has nothing to do with copyright.

                Read this again: (It's a very important paragraph from the email they sent me)


                Within a forty-eight (48) hour period, we will need you to remove, or disable access to, the material that is claimed to be infringing or we will have to disable this material to be in compliance with federal DMCA laws. A copy of the original DMCA notice is listed below our contact information.
                A counter DMCA for a DMCA notice is the right way to handle a bogus DMCA. That gets your host off the hook and takes care of the problem handily and doesn't require much time.

                That paragraph you're so upset about is standard DMCA language from a host. It is their legal obligation to send that when they receive a DMCA. You have the right to counter it and should do so if you believe there is no foundation to the complaint.

                That's what I would do in some cases, but in the case of being asked to remove a link to someone's site when the link is actually not very important to my site, I'd just remove it and forget about it, whether there was any foundation for the complaint or not.

                Fine if you were joking about the link blasting. You mentioned it several times, so it did not really come off as a joke. That is what I objected to ... destructive behavior to someone's site because they want a link removed.
                {{ DiscussionBoard.errors[5841968].message }}
            • Profile picture of the author Karen Blundell
              Originally Posted by sbucciarel View Post

              No, you're missing the point. Instead of just filing a counter DMCA if you feel you have to have those links on your site, you're acting like a 12-year old brat suffering from roid rage and threatening to link blast his site.
              I feel, and so should you too since you are a webmaster, that people can't just go around telling other people what they can or can't have on their websites, and they can't go around filing bogus DMCA notices, because if we start allowing that to happen, where does it stop?

              I don't blame him for being a bit miffed. I would be too. Honestly, can we just have a good discussion on these boards without someone attacking someone?
              Signature
              I love life!
              ---------------
              Free Web Tools
              {{ DiscussionBoard.errors[5842314].message }}
          • Profile picture of the author Josh Anderson
            Originally Posted by Lenny Winkle View Post

            Did you read the letter?

            Your completely missing the point anyway. Someone with no credentails sent an email to my hosting provider and said I must do "X"

            My hosting company forwarded the letter to me and said "You have to do what this guy says within 48 hrs or we'll shut down your website till it's resolved"

            You don't see a problem here?
            Check what Brian said again...

            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.
            Signature
            {{ DiscussionBoard.errors[6252064].message }}
            • Profile picture of the author housewarrior
              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
              {{ DiscussionBoard.errors[6281728].message }}
              • Profile picture of the author bb785
                I did the same thing and they sent a reply that they were submitting a spam notification to Google letting them know I was selling links. 2 weeks later, site deindexed. I would be careful, easier to remove the links than to be a dick.
                Signature
                High PR Contextual Links
                25% Off - Warrior Discount
                Use Promo Code WF2012
                {{ DiscussionBoard.errors[6464176].message }}
                • Profile picture of the author agc
                  Originally Posted by bb785 View Post

                  I did the same thing and they sent a reply that they were submitting a spam notification to Google letting them know I was selling links. 2 weeks later, site deindexed. I would be careful, easier to remove the links than to be a dick.
                  So I can create a couple dozen email accounts and then start sending link removal letters to tie up all the administrative time at my competitors... and if they don't respond I'll just report them as spam to google?

                  Somehow these numbers don't add up. and refusing to be part of someone's uncompensated seo staff isn't being a dick, it's called getting paid for your time. I'm sure you don't go into work for free every day.
                  Signature

                  One man's terrorist is another man's patriot

                  Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

                  {{ DiscussionBoard.errors[6472030].message }}
                  • Profile picture of the author Lee MacRae
                    I just rec'd 4 separate emails with 3 from the same company referring to 4 old article sites I used to run that I had forgotten about. One was a polite but panicked request to remove an article and/or links from one site. The writer said Google told him he had to remove "all anchor text links" to the site to recover from a penalty imposed on the site. I replied that it was a script pulling articles from a central database and he had to request that from them. The writer did suggest that if I didn't comply he would serve a dcma takedown notice or report me to Google.

                    The other 3 were not dcma complaints either but were requests to remove "numerous unauthorized articles/mentions/links of/to" [business name] that I had to remove "entirely and immediately" or they will "report your site to Google".

                    Now one of the sites had 13,000+ articles and I just deleted the whole thing because it was an old experiment and I had no use for it anyway. But then I looked at the other 2...one had 14 articles and the other 9....and not one single article had a mention/link or any other reference to this company! WT:confused:

                    I don't mind the polite request but I don't appreciate the bozo with the threat and I can't find a thing to remove! And I imagine it was his affiliates who were responsible for the links and now he is throwing crap against the wall hoping some of it sticks.

                    If, as suggested above, Google starts to deindex sites because someone simply complains they may just deindex the wrong site and have to face someone in court.

                    And...after all these years...maybe we do finally have ways to attack our competion in any niche...we can create out own spammy blog networks and SEnuke our competition into oblivion!

                    Google...Do No Harm...Just Do Enough Stupid Things To Get In Your Own Way!
                    Signature

                    {{ DiscussionBoard.errors[6503089].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by sbucciarel View Post

      [I]...They have every right to request that links to their site be removed...
      I think your wrong about this. I don't think you have the right to go anywhere that has a link to your site and force them to remove it. Imagine the havoc this would cause.

      I also don't see how it has anything to do with the dmca. Asking to have a link removed has absolutely nothing to do with copyright.

      I would be interested in other opinions especially from people who have to deal with this like hosting providers
      {{ DiscussionBoard.errors[5841691].message }}
    • Profile picture of the author JohnMcCabe
      Originally Posted by Mike Hill View Post

      LOL... The article on your website is probably outranking their own site in Google and the SEO guys are scarred that one article can do that so they are forcing you to take it down so they don't look like douches to their customer... LOL
      This is the first thing that crossed my mind.

      Some back-bedroom illiterate with issues about a spun article with two links on an obscure page with no traffic, because the links are causing harm to the business?

      The last big brouhaha I remember about site links was about sites losing ad revenue due to other sites deep linking to internal pages, thus reducing the number of ad exposures. Even this was back when cpm rates were high enough that even smallish sites with moderate traffic could make some money with banners.

      I'm with the others - disable the links and forget about the weasel. If a couple of links in a spun article no one ever reads causes harm to their business, they won't be around long anyway.
      {{ DiscussionBoard.errors[5841721].message }}
    • Profile picture of the author agc
      Originally Posted by sbucciarel View Post

      I wouldn't do that if I were you. They have every right to request that links to their site be removed, particularly if they consider your site to be a "bad neighborhood" or low quality link farm.

      Really a jacka$$ thing to do. They don't want links to their site on your site. Remove them and move on with your life.
      That's not true. A: There is no precedent (that I know of) where someone can require that you not reference them, as that specific circumstance is nearly universally understood as the textbook example of fair use. B: If they didn't go out and CREATE the links and SEND the articles, then they could at maybe still ask nicely for some help. But to do a DMCA over material that was intentionally distributed? Really? The jacka$$ move here is going spam link crazy while it's free, then passing on the clean up cost to all the ISPs and blog owners when you change your mind.

      Besides, I'm shocked you didn't call him a thief yet. After all, your own words regarding telling a DMCA letter sender to get stuffed: "How impressive. You steal articles and get away with it. "

      So did you finally take your head out of your... and realize that DMCA letters really can be defective?
      Signature

      One man's terrorist is another man's patriot

      Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

      {{ DiscussionBoard.errors[5842295].message }}
      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by agc View Post

        That's not true. A: There is no precedent (that I know of) where someone can require that you not reference them, as that specific circumstance is nearly universally understood as the textbook example of fair use.

        So did you finally take your head out of your... and realize that DMCA letters really can be defective?
        Nasty, nasty, nasty ... but anyway, there is some precedent on linking.

        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.

        Originally Posted by Karen Blundell View Post

        I feel, and so should you too since you are a webmaster, that people can't just go around telling other people what they can or can't have on their websites, and they can't go around filing bogus DMCA notices, because if we start allowing that to happen, where does it stop?

        I don't blame him for being a bit miffed. I would be too. Honestly, can we just have a good discussion on these boards without someone attacking someone?
        He made numerous threats to link blast the site in question and he really doesn't know who instigated the email and admits that he thinks it's dubious. So you condone link blasting someone's site?
        {{ DiscussionBoard.errors[5842509].message }}
        • Profile picture of the author Karen Blundell
          Originally Posted by sbucciarel View Post


          He made numerous threats to link blast the site in question and he really doesn't know who instigated the email and admits that he thinks it's dubious. So you condone link blasting someone's site?
          Suzanne, no, if you really knew me, you'd know that I don't condone it at all. And I don't condone public attacks of people, either.

          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...

          Signature
          I love life!
          ---------------
          Free Web Tools
          {{ DiscussionBoard.errors[5842556].message }}
        • Profile picture of the author agc
          Originally Posted by sbucciarel View Post

          He made numerous threats to link blast the site in question and he really doesn't know who instigated the email and admits that he thinks it's dubious. So you condone link blasting someone's site?
          Well, thinking it through... *IF* the sender is the site owner, then they DID try to play some shady game... have no second thoughts about wasting potentially hundreds of hours of blog owner's time. So yeah, I don't have a moral issue with sending them a little gift and emailing them the list. This is a morally bankrupt person being dealt with, so to some extent teaching that lesson is actually my duty to society.

          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.
          Signature

          One man's terrorist is another man's patriot

          Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

          {{ DiscussionBoard.errors[5842561].message }}
          • Profile picture of the author sbucciarel
            Banned
            Originally Posted by agc View Post

            Well, thinking it through... *IF* the sender is the site owner, then they DID try to play some shady game... have no second thoughts about wasting potentially hundreds of hours of blog owner's time. So yeah, I don't have a moral issue with sending them a little gift and emailing them the list. This is a morally bankrupt person being dealt with, so to some extent teaching that lesson is actually my duty to society.

            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.
            Exactly. We don't really know who sent that email. There are numerous scenarios and you've mentioned two of them. Either way, I personally think link blasts are the wrong way to handle it. But that's just my opinion.

            Originally Posted by Karen Blundell View Post

            Suzanne, no, if you really knew me, you'd know that I don't condone it at all. And I don't condone public attacks of people, either.

            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...

            No, it wasn't clear to me at all that he was just venting or joking as he said. But if that's the case ... fine. You caught that, but I didn't really. So we're clear now that he wasn't really going to do that and he's just frustrated with the language of the email.
            {{ DiscussionBoard.errors[5842623].message }}
            • Profile picture of the author agc
              Originally Posted by sbucciarel View Post

              Exactly. We don't really know who sent that email. There are numerous scenarios and you've mentioned two of them. Either way, I personally think link blasts are the wrong way to handle it. But that's just my opinion.
              Thank you.

              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?
              Signature

              One man's terrorist is another man's patriot

              Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

              {{ DiscussionBoard.errors[5842759].message }}
    • Profile picture of the author Chris Lockwood
      Originally Posted by sbucciarel View Post

      I wouldn't do that if I were you. They have every right to request that links to their site be removed, particularly if they consider your site to be a "bad neighborhood" or low quality link farm.
      People can request whatever they want, but they don't have the right to demand it.
      {{ DiscussionBoard.errors[5842745].message }}
      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by Chris Lockwood View Post

        People can request whatever they want, but they don't have the right to demand it.
        Not sure about that. I wouldn't think that a DMCA would be the proper vehicle to get a link removed and a nice email probably would go further to get that done, but I read a post here about a year ago from someone who said that they received a letter from an attorney demanding that they remove all reference to their site from the guy's website, the reason being that the company that the attorney represented felt that the site in question was a "bad neighborhood" and would damage the company's reputation.

        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.
        {{ DiscussionBoard.errors[5842795].message }}
        • Profile picture of the author agc
          Originally Posted by sbucciarel View Post

          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).
          Ticketmaster settled its claim against Microsoft and lost a suit against Tickets.com over deep linking. (source: FAQ about Linking -- Chilling Effects Clearinghouse)
          Signature

          One man's terrorist is another man's patriot

          Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

          {{ DiscussionBoard.errors[5842819].message }}
          • Profile picture of the author tpw

            For those who hate clicking to another page, here is what Chilling Effects says:

            Question: Is "deep linking" illegal?

            Answer: "Deep linking" refers to the creation of hyperlinks to a page other than a website's homepage. For example, instead of pointing a link at Chilling Effects Clearinghouse, this site's "homepage," another site might link directly to the linking FAQ at FAQ about Linking -- Chilling Effects Clearinghouse .

            Some website owners complain that deep links "steal" traffic to their homepages or disrupt the intended flow of their websites. In particular, Ticketmaster has argued that other sites should not be permitted to send browsers directly to Ticketmaster event listings. Ticketmaster settled its claim against Microsoft and lost a suit against Tickets.com over deep linking.

            From Ticketmaster v. Tickets.com opinion:
            Further, hyperlinking does not itself involve a violation of the Copyright Act (whatever it may do for other claims) since no copying is involved. The customer is automatically transferred to the particular genuine web page of the original author. There is no deception in what is happening. This is analogous to using a library's card index to get reference to particular items, albeit faster and more efficiently.

            So far, courts have found that deep links to web pages were neither a copyright infringement nor a trespass.
            Signature
            Bill Platt, Oklahoma USA, PlattPublishing.com
            Publish Coloring Books for Profit (WSOTD 7-30-2015)
            {{ DiscussionBoard.errors[5842942].message }}
      • Profile picture of the author celente
        Originally Posted by Chris Lockwood View Post

        People can request whatever they want, but they don't have the right to demand it.
        yeah sure, but the thing is most people think they are a somebody online when they are a nothing! That is what I cannot stand.
        {{ DiscussionBoard.errors[6123045].message }}
    • Profile picture of the author Black Hat Cat
      Banned
      Originally Posted by sbucciarel View Post

      I wouldn't do that if I were you. They have every right to request that links to their site be removed, particularly if they consider your site to be a "bad neighborhood" or low quality link farm.
      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.
      {{ DiscussionBoard.errors[5858556].message }}
  • Profile picture of the author Clever Joan
    Lenny is stating that if this same threat becomes a common problem with other webmasters. When you feel the hurt you too will become as concerned as he is!

    If any harebrained idiot can send a spam letter to your hosting company that will threaten to disable your websites, then everyone here is could be a possible victim of fraud if this is indeed fraud. Only a lawyer can sort this out.

    We have already heard from one lawyer that seemed to think it had bogus written all over it.

    Lenny is giving us a warning that this could happen to any one of us. What if the warning comes and no one listens?
    {{ DiscussionBoard.errors[5841908].message }}
  • Profile picture of the author fluffythewondercat
    Looks like the OP posted the exact same letter to Traffic Planet...

    ...only there he left the identifying information intact.

    Curiouser and curiouser.

    fLufF
    --
    Signature
    Fiverr is looking for freelance writers for its blog. Details here.
    Love microjobs? Work when you want and get paid in cash the same day!
    {{ DiscussionBoard.errors[5841978].message }}
    • Profile picture of the author fluffythewondercat
      OK, I take it back.
      Signature
      Fiverr is looking for freelance writers for its blog. Details here.
      Love microjobs? Work when you want and get paid in cash the same day!
      {{ DiscussionBoard.errors[5841988].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by fluffythewondercat View Post

      Looks like the OP posted the exact same letter to Traffic Planet...

      ...only there he left the identifying information intact.

      Curiouser and curiouser.

      fLufF
      --
      No, that isn't me but that's where I found out more information when I started googling, apparently I'm not the first to receive the same letter and this guy makes a business of doing this.

      That isn't my site or post on traffic planet but its pretty interesting that this has been going on
      {{ DiscussionBoard.errors[5841989].message }}
  • Profile picture of the author PatriciaJ
    I had the same thing happen a few months ago with my directory. I got annoyed because the creep was threatening me with a DMCA when all he had to do was ask. I sent him an email saying that it wasn't a DMCA matter and made him wait a few days before I removed the links and articles.
    {{ DiscussionBoard.errors[5842076].message }}
    • Profile picture of the author Karen Blundell
      Originally Posted by PatriciaJ View Post

      I had the same thing happen a few months ago with my directory. I got annoyed because the creep was threatening me with a DMCA when all he had to do was ask. I sent him an email saying that it wasn't a DMCA matter and made him wait a few days before I removed the links and articles.
      good for you! When someone starts to threaten you, and you know the law and they don't, it's quite easy to get them to back down.
      Signature
      I love life!
      ---------------
      Free Web Tools
      {{ DiscussionBoard.errors[5842349].message }}
      • Profile picture of the author PatriciaJ
        Originally Posted by Karen Blundell View Post

        good for you! When someone starts to threaten you, and you know the law and they don't, it's quite easy to get them to back down.
        He didn't back down, he kept up the bluster and threatened me further. Like the op I was annoyed at being threatened when it wasn't me who posted the articles and links when all he had to do was ask. When I eventually looked at the links I didn't think that his site was very ethical and were more likely to harm my site by linking to it so I was glad to dump them anyway.
        {{ DiscussionBoard.errors[5842395].message }}
      • Profile picture of the author wtd1
        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.
        {{ DiscussionBoard.errors[5842495].message }}
    • Profile picture of the author hardraysnight
      Originally Posted by PatriciaJ View Post

      I had the same thing happen a few months ago with my directory. I got annoyed because the creep was threatening me with a DMCA when all he had to do was ask. I sent him an email saying that it wasn't a DMCA matter and made him wait a few days before I removed the links and articles.
      the letter states dmca is a Federal law, but is it international?

      i do not live usa, so do i need to feel threatened by dcma?
      {{ DiscussionBoard.errors[5859421].message }}
      • Profile picture of the author mosthost
        Originally Posted by oncewerewarriors View Post

        the letter states dmca is a Federal law, but is it international?

        i do not live usa, so do i need to feel threatened by dcma?
        That depends on the data center in which your 'web operation' is located. The DC will get the complaint. If it's a US data center (or one that co-operates with DMCA) they'll run you through the process.

        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.
        {{ DiscussionBoard.errors[5863427].message }}
      • Profile picture of the author PatriciaJ
        Originally Posted by oncewerewarriors View Post

        the letter states dmca is a Federal law, but is it international?

        i do not live usa, so do i need to feel threatened by dcma?
        Originally Posted by Terry Gorry View Post

        No, it has no international standing as it is a US copyright statute.

        I posted about this before on the Warrior Forum here but the inconvenient truth can't be let stand in the way of a good WF myth

        Lots of people make lots of money peddling myths..

        Terry
        I don't know about international standing, but most of my websites are on Hostgator which is US webspace and subject to US law. If a DMCA was sent to any US hosting company I believe that they would be obliged to act upon it. Could be wrong but that makes sense to me. As a large percent of my traffic comes from the US I would be a fool if I ignored US laws.

        Lenny, thanks for posting your communications with Lifeshield here. Those of us with article sites may find the information useful in the future.
        {{ DiscussionBoard.errors[5867172].message }}
        • Profile picture of the author PatriciaJ
          Originally Posted by Terry Gorry View Post

          Patricia

          You live in the UK apparently.

          If you had your sites hosted on UK servers the DMCA would have no effect.

          Where you choose to host is obviously a matter for yourself.

          I have sites hosted in the US, the UK and Ireland-the only hosting account provider who would pay heed to the DMCA is the provider in the US.

          The providers in the UK and Ireland would be leaving themselves open to legal proceedings -from me for any consequential losses arising from any unlawful actions by them against my sites.

          Terry
          Yes I live in the UK, but I am perfectly happy with my US host where most of my sites are. More so than the UK host that I use so I have no intention of moving my US hosted sites. Therefore I and my US hosts would have to abide by the US laws.
          {{ DiscussionBoard.errors[5867415].message }}
        • Profile picture of the author Rus Sells
          Banned
          Terry,

          Since you only mentioned Ireland and no other UK countries I can't really submit anything in regards to them however,

          Ireland does have bilateral copyright agreements is participating in the following:

          Berne (Paris) Oct 5th 1927
          Bilateral Oct 1st. 1929
          UCC Geneva Jan 20th 1959 (UCC = Universal Copyright Convention)
          WTO Jan 1st 1999 (WTO = World Trade Organization)
          WCT Mar 14th 2010 (WTC =World Intellectual Property Organization)
          WPPT Marth 14th 2010 (WPPT = WIPO Performances and Phonograms Treaty)

          Now as you stated that Ireland my not explicitly respond to a DMCA notice they do participate in the above agreements so if you did violate some one's copyright from for example the USA, you could still be held liable under Ireland's existing agreements. Its just a different process the copy right holder would need to go through.



          Originally Posted by Terry Gorry View Post

          Patricia

          You live in the UK apparently.

          If you had your sites hosted on UK servers the DMCA would have no effect.

          Where you choose to host is obviously a matter for yourself.

          I have sites hosted in the US, the UK and Ireland-the only hosting account provider who would pay heed to the DMCA is the provider in the US.

          The providers in the UK and Ireland would be leaving themselves open to legal proceedings -from me for any consequential losses arising from any unlawful actions by them against my sites.

          Terry
          {{ DiscussionBoard.errors[6305524].message }}
          • Profile picture of the author Dan Ellenwood
            How has this turned out with charging a $35 fee per link?

            What have people said when you email that?

            I ask because now I have had someone ask me to remove some legit links from legit articles (on PR 0 pages), so this must be becoming "popular".
            {{ DiscussionBoard.errors[6354823].message }}
  • Profile picture of the author Lenny Winkle
    I only have one account here. I've never posted on another account nor have I ever posted at traffic planet.

    I'd never even heard of it until tonight when I pasted my letter in google to see if I could find out more. It led me to that guy getting the same thing, interesting coincidence.

    Not sure I should have to prove myself innocent or how but I would assume some mod could check that I only have 1 account and even verify who i am if its that important.

    I was never upset about anything and didn't care about taking the links down ( i wish I knew how to whisper online). I was simply trying to point out to everyone something that doesn't seem right to me.

    I'm also concerned that this could happen to anybody, or to an important site of mine if it is this easy. Even if your right and fight it it still will cost you time and money because some guy can send an email to make $25 and cause you at the minimum some grief
    {{ DiscussionBoard.errors[5842100].message }}
    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by Lenny Winkle View Post

      I was never upset about anything and didn't care about taking the links down ( i wish I knew how to whisper online). I was simply trying to point out to everyone something that doesn't seem right to me.
      It's quite possible that a competitor of the site that you linked to is sending this to counteract his SEO efforts. If I were you, I'd contact the site directly and ask them if they authorized anyone to send that email. It's also possible that the site deliberately went on a link building campaign to improve their position in the serps and Google penalized them for all the spammy links to spun content and now they're trying to fix it by getting the links removed. lol if the latter is the case and they're probably going about it in the wrong way if that's what's happening.
      {{ DiscussionBoard.errors[5842154].message }}
  • Profile picture of the author agc
    This is an actual response I sent to the last defective DMCA I received. I sent the response because the source was a rights management law firm who absolutely should have known better, and I wanted to make absolutely sure that they understood that I would NOT be donating my time to comply with future defective requests. Best to nip that crap right in the bud.

    While I would never suggest that you use my letter verbatim (after all, you may be dealing with a male shyster!), I will say that the firm in question never contacted me about any of the other references to the same site. Take it for what you will.

    ---------------------------------------------------------------

    Dearest S****,

    This usage is clearly and indisputably covered by fair use. Regardless, it's too much hassle to argue with a retarded lawyer, so I went ahead and removed the specific item which was identified, not because you're right, but because you're an evil bitch and I deem it best to just stay out of your way.

    However your obnoxious tone has been noted. As the item in question is a snippet and a reference to the source, and is clearly understood to be fair use by pretty much the entire planet, there is nothing "clear" or "apparently willful" about any supposed "violation" in this case. I am highly offended and taking it personally that you have elected to take the moral low road and have blatantly and willfully misrepresented the facts at hand, further somehow implying that I am a thief.

    If you, as a lawyer, claim that you "have a good faith belief" that a snippet and a link to an original reference "is not permissible under law", then perhaps it's time to test that "under penalty of perjury" clause in a court of law. Lying perjuring shyster, indeed.

    Be advised that redacting this item wasted approximately 1 hour of my time. Due to the obnoxious tone you have chosen to take, in the future I will only comply with defective requests if I am fully compensated for any time I spend in doing so. Had you taken a more respectable tone and honest approach, and simply asked me to remove the content without the hostile threatening histrionics, you would have left me with a much more cooperative attitude in the future. However, you didn't.

    Therefore, my hourly rate is $100 and my minimum billing is four hours. By electing to voluntarily contact me for any further defective requests, you will be acknowledging in writing your agreement to pay my prevailing rate for servicing your request. You will be you will be invoiced accordingly, under my standard terms which are Net 30, 2.5% monthly interest, $25 monthly late fee, Past 90 forwarded to C****** R******* S******, Inc for collection.

    Here is the link to the redacted page: http://some-domain.com/some-page

    I'm sending you actual text and an actual link you can actually click, and not a bitmap in a pdf, because unlike you, I'm not paranoid about someone stealing my lovingly crafted words. Feel free to share my message with all your friends, because I know I will. On facebook. On twitter. On slashdot. I do so love to share a good story, especially one featuring the "willfully perjuring wicked witch of bogus and specious legal claims".

    Good day, and may we both hope and pray that we never speak again.

    ------

    From: S**** C**** <*****@q***s*****.com>
    To: me <me@aol.com>; hostmaster <hostmaster@my-host.com>; abuse <abuse@my-host.com>
    Sent: Wed, Nov 2, 2011 5:38 pm
    Subject: DMCA takedown letter re www.some-domain.com

    Please see the attached cease and desist letter.

    s**** c**** | corporate counsel | q***s*****, inc. | 650.***.**** | 650.***.**** (fax)
    Signature

    One man's terrorist is another man's patriot

    Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

    {{ DiscussionBoard.errors[5842450].message }}
  • Profile picture of the author agc
    Too bad I didn't have Kindsvater's reference back in November when I deal with that.

    "Attorney's fees are recoverable against someone who makes a fraudulent DMCA complaint. 17 USC Section 512(f)."
    Signature

    One man's terrorist is another man's patriot

    Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

    {{ DiscussionBoard.errors[5842482].message }}
  • Profile picture of the author mojojuju
    The information on Linking at Chilling Effects looks worth reading. Read the FAQ on linking there.
    Signature

    :)

    {{ DiscussionBoard.errors[5842529].message }}
  • Profile picture of the author GarrieWilson
    That's not a valid reason to send a DMCA. Your host should know that.

    Garrie
    Signature
    Screw You, NameCheap!
    $1 Off NameSilo Domain Coupons:

    SAVEABUCKDOMAINS & DOLLARDOMAINSAVINGS
    {{ DiscussionBoard.errors[5842995].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by GarrieWilson View Post

      That's not a valid reason to send a DMCA. Your host should know that.

      Garrie
      Unfortunately either they don't, they don't care, or they don't want to get involved.
      {{ DiscussionBoard.errors[5843255].message }}
      • Profile picture of the author JohnMcCabe
        Originally Posted by GarrieWilson View Post

        That's not a valid reason to send a DMCA. Your host should know that.

        Garrie
        Originally Posted by Lenny Winkle View Post

        Unfortunately either they don't, they don't care, or they don't want to get involved.
        If the 'hg' in the original post refers to HostGator, I'd wager that they do know, they do care, and they don't want to be forced into wasting resources on frivolous claims against them.

        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.
        {{ DiscussionBoard.errors[5845597].message }}
        • Profile picture of the author agc
          Originally Posted by JohnMcCabe View Post

          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.
          Yeah, vitriol optional.

          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.
          Signature

          One man's terrorist is another man's patriot

          Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

          {{ DiscussionBoard.errors[5845635].message }}
  • Profile picture of the author Entrecon
    Signature

    Just Launched Udemy Course "Establishing Your Identity Online" 50% off with this link: Udemy Course

    {{ DiscussionBoard.errors[5843023].message }}
  • Profile picture of the author Lenny Winkle
    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.
    {{ DiscussionBoard.errors[5843242].message }}
  • Profile picture of the author gojiberryman
    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.
    {{ DiscussionBoard.errors[5845681].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by gojiberryman View Post

      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.
      um, ok.

      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.
      {{ DiscussionBoard.errors[5846540].message }}
  • Profile picture of the author Lenny Winkle
    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
    {{ DiscussionBoard.errors[5857058].message }}
  • Profile picture of the author Lenny Winkle
    Isn't their email reply an admission of making a fraudulent dmca complaint?
    {{ DiscussionBoard.errors[5857075].message }}
    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by Lenny Winkle View Post

      Isn't their email reply an admission of making a fraudulent dmca complaint?
      Yes it is. Looks like caution in linkbuilding is more important than they thought. JC Penny did the same thing and then had to go around and try to get rid of thousands of links.

      Glad you emailed them so everyone knows exactly why you got that email and from who.
      {{ DiscussionBoard.errors[5857133].message }}
  • Profile picture of the author Lenny Winkle
    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: http://www.warriorforum.com/main-int...ove-links.html

    I found post #21 especially relevant.
    {{ DiscussionBoard.errors[5858431].message }}
  • Profile picture of the author mosthost
    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.
    {{ DiscussionBoard.errors[5858459].message }}
  • Profile picture of the author Mike Ogbin
    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
    Signature
    Speedy Up - Jumping game that change your mood and put smile in your face :)
    {{ DiscussionBoard.errors[5859120].message }}
  • Profile picture of the author warrich
    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.
    {{ DiscussionBoard.errors[5861456].message }}
    • Profile picture of the author agc
      Originally Posted by warrich View Post

      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.
      Incorrect.

      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. "
      Signature

      One man's terrorist is another man's patriot

      Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

      {{ DiscussionBoard.errors[5863198].message }}
    • Profile picture of the author sbucciarel
      Banned
      Originally Posted by warrich View Post

      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.
      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.
      {{ DiscussionBoard.errors[5863333].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by warrich View Post

      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.
      You can't be serious? There's no chance you read a single word of this thread before posting this pearl of wisdom.



      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.
      {{ DiscussionBoard.errors[5867472].message }}
  • Profile picture of the author johnweyer
    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.
    Signature

    If I was making 6 figures why the heck would I need your $17

    {{ DiscussionBoard.errors[5863718].message }}
  • Profile picture of the author Charanjit
    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.
    Signature

    Want to learn more, read read and read more. http://www.mannusblog.com/index.php/...e-optimisation

    {{ DiscussionBoard.errors[5867588].message }}
    • Profile picture of the author Lenny Winkle
      Originally Posted by Charanjit View Post

      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.
      Apparently you didn't read the thread. Let me say this again - these weren't purchased links. This was 2 links in an article that lifeshield, or someone they hired, submitted to me in an article. This company, or someone acting on their behalf, contacted me and asked me to publish their article on my website in exchange for including 2 links to their company in the article.

      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
      {{ DiscussionBoard.errors[5867768].message }}
  • Profile picture of the author josephseeley
    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...
    {{ DiscussionBoard.errors[5867718].message }}
  • Profile picture of the author josephseeley
    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.)
    {{ DiscussionBoard.errors[5867783].message }}
  • Profile picture of the author Ben Roy
    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.
    {{ DiscussionBoard.errors[6122437].message }}
  • Profile picture of the author EvcRo
    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.
    {{ DiscussionBoard.errors[6123089].message }}
  • Profile picture of the author brettb
    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.
    Signature
    Need LSI Keywords? Try the Niche Laboratory.
    Need Drop Shipping Ideas? Check out the Product Laboratory.
    {{ DiscussionBoard.errors[6123356].message }}
  • Profile picture of the author agc
    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. ;-)
    Signature

    One man's terrorist is another man's patriot

    Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

    {{ DiscussionBoard.errors[6130070].message }}
    • Profile picture of the author housewarrior
      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
      {{ DiscussionBoard.errors[6251227].message }}
  • Profile picture of the author jonj31070
    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.
    {{ DiscussionBoard.errors[6251636].message }}
  • Profile picture of the author SuzanneH
    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
    {{ DiscussionBoard.errors[6251729].message }}
  • Profile picture of the author Sushiman1111
    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.
    {{ DiscussionBoard.errors[6251920].message }}
  • Profile picture of the author AshleyKerr
    I have had quite a number of requests to remove links from my sites that I did not have anything to do with and in some cases had no knowledge they were even there.

    The problem is that this all takes time and I wondered if anyone knows whether as a matter of law one is obliged to remove links upon request?
    {{ DiscussionBoard.errors[6303210].message }}
    • Profile picture of the author agc
      Originally Posted by AshleyKerr View Post

      I have had quite a number of requests to remove links from my sites that I did not have anything to do with and in some cases had no knowledge they were even there.

      The problem is that this all takes time and I wondered if anyone knows whether as a matter of law one is obliged to remove links upon request?
      you have been granted rights to use the copy (content) when it was published to your site, and there is no law saying you can't link to someone.

      Further these links were all REQUESTED by the site owners themselves as part of their strategy to game Google.

      So far I have removed ZERO links for free.

      Per my prior post... I've started responding w/ a form letter stating that my administrative fee for removing links is $95 per link.
      Signature

      One man's terrorist is another man's patriot

      Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

      {{ DiscussionBoard.errors[6304926].message }}
  • Profile picture of the author agc
    So far, I never get a response.

    But that's ok, as it's a lot easier to paste the form response to 5-10 emails all at once than it is to actually track down and delete the links.
    Signature

    One man's terrorist is another man's patriot

    Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground - Frederick Douglas

    {{ DiscussionBoard.errors[6373065].message }}
  • Profile picture of the author JCTorpey
    Originally Posted by Lenny Winkle View Post

    I received an email from my hosting provider for my 1st dmca complaint. I'm a little confused at the fact that someone can send you a notice forcing you to remove links from your site? There's no complaint about the content just that there are links to the site he is representing.

    Fwiw this is on a basic article site I threw up which posts articles submitted directly by people wanting links. These articles are sent to me with links to what they're obviously promoting. I don't really care and just removed the links, but can people really force you to remove links from your site? Is this a joke?

    The letter: (verbatim including punctuation and single paragraph use - except for names)

    Hello, My name is Mr. Atrocious Grammar, I am the Head of Anti Piracy Department of xxxxxx company (wwwxxxxxx.com), we provide anti-piracy and Intellectual Property protection services for xxxxxxx, Inc (wwwxxxxxx.com), so I'm a person authorized to act on behalf of the owner of the company. It has come to our attention that your website or website hosted by your company contains links to xxxxxxx, Inc website (wwwxxxxx.com) which results in experiences financial loses by the company we represent, because of search engine penalties. I request you to remove from following website (http:/xxxxxxxxxcom/xxxxx/xxxxx) all links to wwwxxxxxxx.com website as soon as possible. In order to find those links please do following: 1) If this is an online website directory, use directory's search system to look for "xxxxxxx" links. 2) If there are any hidden links in the source code of website, open website main page and v! iew its source code. Search for "xxxxxxxcom" in the source code and you will see hidden links. I have a good faith belief that use of the material in the manner complained of is not authorized by xxxxxxx, Inc, its agents, or the law. Therefore, this letter is an official notification to effect removal of the detected infringement listed in this letter. I further declare under penalty of perjury that I am authorized to act on behalf of copyright holder and that the information in this letter is accurate. Please, inform me within 48 hours of the results of your actions. Otherwise we will be forced to contact your ISP. xxxxxx, Inc will be perusing legal action if the webmaster does not remove the referenced link within 48 hours. xxxxxx, Inc will be forced to include the hosting company in the suite for trademark infringement. Looking forward for your positive reply. Regards, Mr. My Grammer Is Atrocious Head of Anti Piracy Department xxxxxx company 1111 xxxx st! r, Brooklyn, NY, 11224 Tel: Fax: E-mai! l: pirac y@xxxxxxcom

    I'm tempted to post the real name / link here with xxxxx.com is a scam so they can get a bunch of free links from warriors

    This wouldn't happen to be from that crazy security company would it? Whether it is or not, I read a similar thing, the site fought the DMCA because they said it was a fraudulent use of the form, and they won. No one can force you to take down a link.

    Read the article here (I have no affiliation with the site except I'm a reader) We got a takedown notice from LifeShield for our positive review - pskl.us
    The take down notice the site posted is quite similar to the one you got.

    ETA: If you are a reputable and legitimate site, then don't worry about fighting it cause you'll probably win. If you're doing anything unethical, like the poster above me says, remove the links, its not worth the fight.

    In re-reading this thread, I missed the post that gave away the Lifeshield name, and yes, the post above is the same company.
    Signature

    JC Torpey ~ Freelance Writer for Hire
    Read samples and view my portfolio @ Virtual Copy
    Read the VCopy Blog before Sept. 30 and get a discount off all services

    {{ DiscussionBoard.errors[6464246].message }}

Trending Topics