DMCA noncompliance - what I did when a filesharing site didn't take down links

11 replies
Warning: double check that infringing links are in fact taken down. Here's the story:

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.


Regards,
(my name/company)

==============


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.

-ken
#dmca #filesharing #links #noncompliance #site
  • Profile picture of the author kindsvater
    Have you considered digitally branding some of your material (pdf files) so you can trace who uploaded it to the file sharing site?

    .
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    • Profile picture of the author MattVit
      Good work. Let's hope they take it down!
      Signature

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    • Profile picture of the author kencalhn
      Originally Posted by kindsvater View Post

      Have you considered digitally branding some of your material (pdf files) so you can trace who uploaded it to the file sharing site?

      .
      Hi Brian - great idea... though I don't sell pdfs, I produce dvds & downloadable videos... one thing I was thinking of doing was individually watermarking premium video downloads, for traceability, then having individual download links.. though that's a lot of work. It would be great if some software developer (big player) would do some kind of drm with individual download + marking capability, for tracking. Not possible though with dvds, so that's a challenge.

      At least in theory it's possible, for downloadable videos, if ever someone could create a server-side program that would automatically generate individual download leads and watermark videos. it'll be possible someday.. in the meantime, at least stopping piracy is one stopgap measure, though timeconsuming.

      -k
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  • Profile picture of the author cringwall
    Wow - that is hardball. Good job. It is a never-ending battle. I love the way these file-sharing sites act like they are providing some kind of legitimate service - when their only business model is to encourage piracy.
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    • Profile picture of the author Underground SEO
      Originally Posted by cringwall View Post

      Wow - that is hardball. Good job. It is a never-ending battle. I love the way these file-sharing sites act like they are providing some kind of legitimate service - when their only business model is to encourage piracy.
      You are very wrong, many legitimate businesses use these file sharing services on a daily basis for delivering large files around the world etc and this represents just one of their many uses.

      Also many of those sites come down hard on abusers of the system and ban ip's etc
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      • Profile picture of the author ExRat
        Hi kencalhn,

        Nice bit of hardball.

        You remind me of someone else who used to be around these parts who was very similar to you, but with an extra bit of 'ou'.
        Signature


        Roger Davis

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        • Profile picture of the author kencalhn
          thanks... yeah I was here complete w/"ou" (omitted for seo)... I miss being here a bit, though it was taking up too much time... I did do the IM megaseminar featuring a few top warriors/IM folks, years back for warriors, but lost money on it, 3k or so...(reminder to self, do not pay for dinner for 65 people at a big hotel when doing seminars any more!) so that was my end of being in the IM niche... staying with trading which is what i do best anyways... (did 4 trading seminars in vegas back in 2008-09 with showgirls, and they were very successful).... nice to see how well the WF has grown (and monetized itself for allen/others via wsos).

          best advice for success in IM is just work the long days, become the actual industry expert, no shortcuts... other than just plain hard work in service of a qualified niche that you can earn the trust of, over time.
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  • Profile picture of the author JeanneLynn
    I think pirating is a big problem. I recently bought a Amazon wordpress plugin on Fiverr. When I searched the internet for some instructions for using the program, I discovered that this plugin is a $100 program from another site. I obviously received a pirated or copied version. Needless to say, I can't use the program in good conscience. I'm not sure if I should complain to Fiverr or tell the person who is selling the actual version. I'm only out $5, but I don't think this seller should get away with stealing from the person who developed this plugin. He's got a bunch of positive feedback for this gig, so it looks like he's been making a profit at this for a while. I was shocked to see how big of a problem this is nowadays.
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  • Profile picture of the author HeySal
    Gee kencalhn, now this thread just gets me all pumped. I love it when people stand up for themselves - and in turn do everyone else on the net trying to sell things a big favor. Very kewl - very sexy. Right on!
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

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    • Profile picture of the author drmani
      Originally Posted by ExRat View Post

      You remind me of someone else who used to be around these parts who was very similar to you, but with an extra bit of 'ou'.
      Originally Posted by kencalhn View Post

      thanks... yeah I was here complete w/"ou" (omitted for seo)... I miss being here a bit, though it was taking up too much time...
      I *almost* didn't get that reference! ;-) You've been missed, Ken. Good work with the DMCAs

      All success
      Dr.Mani
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  • Profile picture of the author dsouravs
    I support the File sharing sites
    Signature

    I can convert your Non-Responsive website to Responsive website ... How sweet is that? :)

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