Suing a web host for not taking DMCA complaints seriously.

**Aziz** · 20 May, 2010, 11:50 AM

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

**SonnyCooL** · 20 May, 2010, 13:17 PM

Originally Posted by Aziz

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

**javanx3d** · 20 May, 2010, 14:58 PM

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 !!

**SonnyCooL** · 20 May, 2010, 15:23 PM

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 ...

**TopDogger** · 20 May, 2010, 22:29 PM

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.