Recently, I sent yet another (of hundreds) DMCA takedown notice to a well known filesharing site (based in hong kong), that had pirated copies of one of my products on it.
After sending in a correct DMCA notice, they emailed me back saying
"We have deleted the files you requested,
(company name) Abuse team"
Yet the files were still there, so they didn't comply with the takedown notice. I sent in a final 2nd notice, this is what I said.. (they did comply with this one, good for them or I would've filed criminal charges as I said I would):
Hi - as of 10:41am Sept 25th 2010 the links have NOT been disabled,
even though you claim to have done so. Please disable these
immediately per DMCA notification sent below, at:
(filesharing site with pirate link)
Criminal and civil litigation will be filed against both sites for failure to comply. Failure to comply will result in legal and criminal action, we will
contact the HK police at www.police.gov.hk/
with criminal DMCA copyright criminal action against your company to
file criminal charges against you if this DMCA is not acted on immediately.
You have failed to act on this DMCA notice. You will be charged with
criminal copyright charges via the Hong Kong police in Kowloon if you
do not remove our copyrighted materials from your site. If necessary
we will also forward to your Enom domain registrar to have your site
delisted as well, for failure to comply with a legal DMCA notice. I
have also attached a copy of a pdf screencapshowing the infringing
page, which will be provided as evidence in criminal charge and civil
litigation as necessary if you fail to comply.
Thanks for your immediate attention to this. If the links are not
removed within 48-72 hours our next contact will be filing criminal
charges against your organization with the HK police. I do not bluff.
Please remove these infringing links immediately or face criminal
charges. I am well known for filing criminal and civil charges
against sites illegally hosting my content for DMCA noncompliance.
Anyways, I do play very hardball and Do contact police, domain registrars and hosting companies as well as file civil litigation when things like this happen. I am told by LEOs /police I've contacted that pirates are often surprised that people actually do file criminal charges, as evidenced when their pcs are seized etc for evidence. Tip: google "(country name) police" to find the websites of police in countries you need to contact, when filing criminal charges against pirates for noncompliance, it's helpful. If local police (for example in malaysia) aren't initially helpful, you can call the US embassy, to make a call on your behalf etc.
I have a zero tolerance policy for pirates and "reach out and jail them" whenever possible. I was kinda hoping the filesharing site above didn't take down the files, because Then I'd have been able to shut the company down for DMCA noncompliance, but they did takedown the files on 2nd notice. Word to the wise, keep on top of this kind of stuff.