I just Sent A Very Well Known IM'er and WF Member An Official DMCA NOTICE

by 13 replies
16
The offending individual is on record for being dishonest about his business in the past.

Now, I come to find that he has almost verbatim stolen content from one of my websites, many pages of material.

Here is my question:

I sent him, his host, Google, Yahoo, Bing and my lawyer (among other people) an official DMCA Takedown Notice, but his host (1and1. com) is only open Monday through Friday.

The notice clearly states that they have 24 hours to respond. I sent this notice last night via email since their security department won't be back until Monday.

If nothing is done within the time frame allotted, what additional action can I pursue?

I am not one to mess around with actions of this magnitude and I am very very close to outing this individual for being a complete fraud and thief.

I'm not looking for legal advice. I have a lawyer.

If someone else has been in this spot I would love to hear what the outcome is.

Liars and thieves need to be stopped and this individual has a very large following especially considering his most recent partnership with a well known IM'er.

I'm ready to do battle.
#main internet marketing discussion forum #dmca #imer #member #notice #official
  • Your best bet is to let your lawyer handle the situation. Usually, the hosts respond to all legal issues, even if it's an "off". As for the webmaster (the thief), I think like most offline thieves, he'll simply ignore your message and/or probably remove a few pages of stolen content.

    If you find the situation is escalating, and the thing might move to the court, first try and resolve it outside of the court. Give the thief option to either take down the content, or provide proper credits to the content.

    Karan

    PS: Never been there!
  • Admin says:

    -Chris
    • [1] reply
    • Banned
      Chris, I think that rule applies only if the person is named, or portrayed in such a way that enables people to guess their identity. Frankly, I have no idea who he's talking about.
  • Probably none. Most business deadlines are assumed to refer to "business hours" and you can't force a hosting company to respond on a Saturday. But then, you probably can't get your lawyer to act over the weekend either.

    I understand your anger and fully agree with the DMCA but you have done what you can for now. Enjoy the weekend and if the offending pages aren't removed by Monday, go after him.

    kay
    • [1] reply
    • Joshua -

      I think the reference was a response to this

      Can't be done here.
      • [2] replies
  • [DELETED]
    • [ 1 ] Thanks
  • Banned
    For myself, I'd give them at least a day or two longer than that. Just in case they're slow/backlogged/inefficient (that company does have a reputation, too - I'm just saying ).

    Having a lawyer is fine, of course, but the party on whose actions the speed of the outcome most depends, here, is perhaps the offender's host, and there's no point in spending a lot of money if you don't need to, which, with a little patience, you may not.

    In a way, I admire your stance (I do also tend to follow up such things, myself, albeit a little more quietly), but be careful you don't invest a lot of time/effort/energy unnecessarily, when this is (as so often) a situation which a modicum of patience will resolve with no expenditure at all.
    • [ 1 ] Thanks
  • Banned
    The DMCA that you sent to the host will result in the quickest takedown, but you do have to wait until the weekend is over if they don't have any staff working weekends.

    Take a deep breath and wait until Monday
  • I hope if the noted individual is stealing content and breaking laws, that they eventually feel the force of the law if needed and stop breaking it.
    • [1] reply
    • They will.

      I would rather not pay my lawyer when the DMCA should do the trick.

      If it doesn't, proceed to step two.
Join the discussion

Next Topics on Trending Feed