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Offshore Host = 100% DMCA safe?...Got DMCA complaint

Discussion in 'Web Hosting' started by pazocean, Aug 24, 2013.

  1. pazocean

    pazocean Junior Member

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    Hello,

    to my situation:
    It seems that I got a DMCA complaint (or a cease-and-desist? Both terms are equal right ?) via Cloudflare Abuse from a really big company (it's EA) saying that I use copyright pictures from a game.
    On my website I offer *cough* fake *cough* beta keys.
    I was using Cloudflare + offshore host whose server is located in Romania.
    For now, I blocked my website.

    So I wonder now what to do ?
    I dont even know if this DMCA complaint is legit because it was submitted via Cloudflare Abuse form so kinda everyone would be able to do it. But it seems very legit and I found a similar email sent to other websites as well who were doing copyright infrigement.

    So assuming that this is a legit DMCA by EA, what would you do now?
    The fact that I host in Romania makes me immortal against copyright infringement or what?
    Everyone says "only use offshore host" but even so after you got DMCA you just ignore, even from big companies?
    I think Im confused right now, I lose sight of why we should use offshore host.

    So again what would you do in my place?
    The Beta hasnt even started...meh. I can get rid of the pics thats not so big problem I guess although it will lower my earnings but well...and turning off cloudflare too?

    Give up or continue?

    Regards,
    pazocean
     
    Last edited: Aug 24, 2013
  2. healzer

    healzer Jr. Executive VIP Jr. VIP Premium Member

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    The server is not owned by you, but by your provider. Your provider will get in trouble, but since EA can't do much in Romania, you're safe, unless EA wants to DDoS you, but thats their problem.
     
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  3. pazocean

    pazocean Junior Member

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    OK I have to ask this question:
    Why is Romania claimed to be good offshore concerning DMCA?
    Is there any official source in internet where it is stated that Romania is not binded to DMCA?
     
  4. healzer

    healzer Jr. Executive VIP Jr. VIP Premium Member

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    no of course not.
    but if someone wants you, they will get you, no matter the country.
     
  5. Murdoch1337

    Murdoch1337 Jr. VIP Jr. VIP Premium Member

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    From my experience, Romania is such a messed up and disfunctional country that most companies don't bother trying to go through the bureaucratic process there.
     
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  6. pazocean

    pazocean Junior Member

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    So what would you do in my place?
    My idea is to remove pics and turning cloudflare off. The main problem is I guess this fake beta thing even though they didnt mention that in their email.
    That sucks....well next time I know what I have to do and not to do.

    Or just forget it?

    Btw.:
    Are people around here who also got DMCA complaint. It cant be that I am the only one right?
    What did you guys do then?
     
    Last edited: Aug 24, 2013
  7. Ptrick125

    Ptrick125 Regular Member

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    I got one from a game company also, just take the content down and move to a new domain with a different registration name. Being off-shore, you could ignore it if you think EA will just past by. Yes, it can be scary at first, but in reality it is not a big deal if you just take it down.
     
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  8. kaylanewett

    kaylanewett Jr. VIP Jr. VIP Premium Member

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    If you do anything like that, I would definitely fake the Whois info as many countries have copyright treaties with the US and UK. Be more careful next time and good luck.
     
  9. iglow

    iglow Jr. VIP Jr. VIP Premium Member

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    nothig is DMCA safe. all u get is solwer DMCA + no showing ur data.
     
  10. Kingu Buraddorei

    Kingu Buraddorei Junior Member

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    If they're only complaining about the pictures just remove them and continue. You're offshore anyways so you don't have too much to worry about, unless they really want to take you down. What's your provider's policy on DMCA takedowns?
     
  11. noseo

    noseo Regular Member

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    Screenshots of a video game in progress have been judged to be "fair use" when embedded in the context of another work. Since you are just selling beta keys (albeit fake ones), your business model doesn't really depend on infringing copyright. Seems like you could just clean up the copyright-offending portions of your site, if any, and let them try to come after you with other charges if they want.
     
  12. matsta

    matsta Power Member

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    Well your using Cloudflare. Cloudflare is a American company, therefore they have to abide by DMCA's. Since your using Cloudflare to cache your site, they can't actually see your site is hosted in Romania.

    So turn off your caching on Cloudflare, and then future complaints will go to your hosting provider in Romania. Being in Romania, they probably won't respond and most likely won't even forward you the complaint, so don't worry about that.
     
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  13. pazocean

    pazocean Junior Member

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    Thanks for all the answers.
    I will remove the pictures as many suggested which seem to infringe copyright and move along.
    Concerning Cloudflare, I try to turn off only caching and realize the caching without cloudflare.
    Turning cloudflare completely off, Im afraid that my site will be too slow and more insecure.

    Policy is DMCA ignored completely and if they ever receive one, they just forward to the customer and customer can decide freely what to do.
    Hmm...Weird as I didnt get any forward email from my hosting provider because Cloudflare should have already forward the complaint to them.
    Seems they really dont care about that as I do.^^
     
  14. umerjutt00

    umerjutt00 Jr. VIP Jr. VIP Premium Member

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    I receive like 10-15 of them everyday. The best thing to do with them is to read them, have a laugh and delete those DMCA complaints. I have an offshore web hosting in Netherlands and I don't care about them.
     
  15. tiger123

    tiger123 Regular Member

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    Where do you live matters also. If you live in country like Romania ,Russia they cant do anything.
    But if your server is only in Romania and you live in US then you should care.
    Also from which company you registered your domain name ? If your domain registrar gave your contact details to them they can catch you if you live in US etc.
    Always check your country rules for copyrights.
    So just remove those images and be safe.
     
  16. Ptrick125

    Ptrick125 Regular Member

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    What kind of site are you running?

    Posted via Topify using iPhone/iPad
     
  17. umerjutt00

    umerjutt00 Jr. VIP Jr. VIP Premium Member

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    Warez site, games cracks and related stuff.
     
  18. rohit09

    rohit09 Newbie

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    Alaska and Pakistan servers are grate. I get no RISK what so ever.
     
  19. jakarta

    jakarta Newbie

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    Cloudflare always forward dcma complaint to your email if he get it . Just remove your CR picture .
     
  20. V_RocKs

    V_RocKs Newbie

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    Where you host doesn't really matter... though you can avoid "having" to take something down because your host doesn't care about DMCA, it doesn't absolve you from your own local laws. So lets say you are US, CA, UK, AU, etc, a country that gives a piss about DMCA... And you host in Romania or Pakistan. Large companies have high paid lawyers and high paid lawyers have friends in every nation. So EA's lawyers will pay Grondal the local policeman to sweat your host and your host is in a crap country for human rights and they will give you up in a heartbeat! And then EA will come after you in your country, with your district attorney and put you in jail and sue you in civil court as well.