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Thread: Suing a web host for not taking DMCA complaints seriously.

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    Aziz's Avatar
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    Exclamation Suing a web host for not taking DMCA complaints seriously.

    Hello,

    I would like to know what are your opinions on this matter. I have received a report that a site I designed for a client has been stolen by someone else, thus I took immediate legal action and filed DMCA complaints and violation of host TOS report. 2 weeks passed and I haven't seen any response, then an automated message arrives stating that the "according to records, the case has been resolved" which clearly isn't.

    I am considering taking legal action against this pathetic host which shows no support and/or co-operation. please advise me what can I do and if it is worth it, and is there a superior authority I can contact online to report such situations?

    Thanks in advance,
    Regards,
    Aziz

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    Quote Originally Posted by Aziz View Post
    Hello,

    I would like to know what are your opinions on this matter. I have received a report that a site I designed for a client has been stolen by someone else, thus I took immediate legal action and filed DMCA complaints and violation of host TOS report. 2 weeks passed and I haven't seen any response, then an automated message arrives stating that the "according to records, the case has been resolved" which clearly isn't.

    I am considering taking legal action against this pathetic host which shows no support and/or co-operation. please advise me what can I do and if it is worth it, and is there a superior authority I can contact online to report such situations?

    Thanks in advance,
    Regards,
    Aziz
    try wipo, cheaper and better
    http://www.wipo.int/portal/index.html.en

  3. #3
    javanx3d's Avatar
    javanx3d is offline Net Builder
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    Hey Aziz,
    Was it stolen from you or the client? Content or design only? A direct lawsuit may be your only recourse possibly if only design (ie harder to prove). Then, I would also ask how much he/she paid you for it since the lawsuits can quickly mount up in costs...if stolen from your client, IMO you've gone past what you have to do by filing the DMCA complaint. If from you, then your call on where to go. I would take emotions out of my decision though before going forward on the lawsuit route though.

    Sorry you had issues! I still owe you a good review for the great work you did for me !!

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    Aziz (21 May, 2010)

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    Sorry, din't read properly, i'm not sure wipo involve with design job or not, if they do, it will save you a lot of money ......
    I take down my client site for the cost of rm 700 (usd 200), everything is solving there, cyber court with real lawyer and their board be the judge
    Wipo is my first step, if you think their action cause you damage (financial, status n bla), after wipo desicion, u can sue them in real court for money ...

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    Aziz, you could report the thief to Google and Yahoo for DCMA violations

    Digital Millennium Copyright Act

    Copyright and Intellectual Property Policy


    That could hurt worse than a hosting company shutting down a site that they could just move to another hosting company. I have threatened content thieves with this and it always appears to get them to remove the stolen content.
    "Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -- Benjamin Franklin


  7. Thanked by:

    Aziz (21 May, 2010), bogart (20 May, 2010), robjones (20 May, 2010), sturat (21 May, 2010)

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    Aziz's Avatar
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    thanks guys, appreciated. The files were stolen from my client's website. I'll try the links you provided and update you on what happens!

    cheers

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    haynes11 is offline Unknown Net Builder
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    was your clients web site secure?
    Insane Posting Competition! WIN 1 YEAR OF FREE CPANEL ADULT ALLOWED WEBHOSTING! >>>>>> Webmaster Forums

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