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

13 replies
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.
#dmca #imer #member #notice #official
  • Profile picture of the author Karan Goel
    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!
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  • Profile picture of the author Chris Worner
    Admin says:

    Rule #1

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    • Profile picture of the author Joshua Rigley
      Banned
      Originally Posted by Chris Worner View Post

      Admin says:

      Rule #1

      -Chris
      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.
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  • Profile picture of the author Kay King
    If nothing is done within the time frame allotted, what additional action can I pursue?
    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
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    • Profile picture of the author Kay King
      Joshua -

      I think the reference was a response to this

      I am very very close to outing this individual
      Can't be done here.
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      • Profile picture of the author Brendon Zahrndt
        Originally Posted by Kay King View Post

        Joshua -

        I think the reference was a response to this



        Can't be done here.
        I'm smarter than that.

        Brendon
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      • Profile picture of the author Tina Golden
        Originally Posted by dhigler View Post

        My 'offending individual' sentence was written to show a clear pattern of dishonesty.
        I think what he is trying to tell you is that by including that first sentence, you are breaking rule #1 and could result in this thread being deleted. Remove that and you'd have no problems. That is enough information for some to identify the individual and that is not allowed here.

        I understand your anger and frustration - I would be ticked off, too. But you won't get any suggestions if your thread is deleted so it's not worth leaving that information in the post.

        I think you'll find that most of those hosts, if not all, will handle this issue promptly on Monday, if not sooner. They have good reputations for that.
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        • Profile picture of the author Paul Myers
          **Just spat coffee all over the wall**

          HOW??...exactly?

          That is...I'm...I mean WHAT??
          The original was edited to fit within the rules. Hence your confusion.


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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by dhigler View Post

    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.
    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.

    Originally Posted by dhigler View Post

    I'm ready to do battle.
    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.
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  • Profile picture of the author sbucciarel
    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
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  • Profile picture of the author Michael Ten
    Originally Posted by dhigler View Post

    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.
    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.
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    • Profile picture of the author Brendon Zahrndt
      Originally Posted by Michael55555 View Post

      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.
      They will.

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

      If it doesn't, proceed to step two.
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