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Dmca case study very important!

Discussion in 'Black Hat SEO' started by zivmaymon, Jun 7, 2011.

  1. zivmaymon

    zivmaymon Regular Member

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    Hi guys! this is a report+case study for the thread I have started here :
    http://www.blackhatworld.com/blackhat-seo/black-hat-seo/315240-help-guy-wants-me-pay-him-photo.html
    Only 48 hours after I submited the above thread I went to check the states of the sitemap in webmaster tool and saw a big and ugly X where it shows the status of the sitemap.xml
    went to check what is wrong but ,oh no,website is disabled - error no 403!
    Contact with the live support of hostgator reveals that they sent me a ticket to an email I'm not using anymore.The representive said he think I should hire a lawyer cause this is an ilegal matter [don't worry about it for now] and I must send a counter-notification by mail or fax! counter-notification basically says that I own all the content on my website and there are no copyright claims against me. I asked him how could I send a mail from Israel to USA in less than 48 hours from reading the ticket. He said "you can send a fax".
    I knew there must be something else I can do in order to put it back in the air so I called the toll-free support number and asked them to enable access for my local IP in order for me to remove the picture.
    So they did [after 2 hours] and I did what is necessary.
    The website is back in the air.
    Conclusion : If someone claims to own anything you posess - you have 48 to fix the issue .If something is missing in this report is that - I didn't check if they are really the owners [I didn't have time] but you should do it.
    Don't be affraid of words like "lawsuit" "DMACA" "TOS" act fast and don't wait to see if MAYBE you'll get hurt.
    Good luck.
     
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  2. Monrox

    Monrox Power Member

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    They were simply nice to you by 'giving' you a bit more time to react. It's not standard practice. A DMCA notice needs only be prepared correctly. If it is, the service provider is obliged to comply, he can't ignore it, no matter whether it has merit or not. If it is fake, you can go after the sender. If you are late to remove the stuff, your provider can only lift the block by receiving a DMCA counter notice from you which essentially saves his ass for later.

    You can read a wikipedia precedent if you want to know with simple terms how the whole thing works:
    http://en.wikipedia.org/wiki/Talk:Conventional_PCI#OFFICE_action
     
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  3. meathead1234

    meathead1234 Moderator Staff Member Moderator Premium Member

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    This is the worst advice ever. You literally have no idea what you are talking about. Misinformation like this doesn't help anyone. Do not give legal advice when you can't even spell "DMCA".
     
  4. BHopkins

    BHopkins Moderator Staff Member Moderator Jr. VIP

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    Wasn't this regarding the guy who wanted $50 for the picture that you used without permission? All this trouble when you could have just removed the picture or paid the fee to use it.
     
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  5. zivmaymon

    zivmaymon Regular Member

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    what are you talking about? please quote.
     
  6. zivmaymon

    zivmaymon Regular Member

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    that is right an that what I am stretching out but meathead has serious issues with my spelling so he doesn't agree
     
  7. meathead1234

    meathead1234 Moderator Staff Member Moderator Premium Member

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    You can't tell people not to worry about DMCA complaints and lawsuits... as people (especially from the US) can get in a lot of trouble if they just ignore stuff. Chances are they will be okay, but it's not fair to assume you can just ignore all legal threats etc...

    I've known people in court and then gone to jail over DMCA related issues.
     
  8. 0_inspiration

    0_inspiration Regular Member

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    He isn't telling anyone to ignore though, he's just saying you should attempt to remove the offending material upon receipt of a complaint (Im not sure a lack of capitals constitutes a misspelling either, more a typo than anything :p)

    (Hope I don't lose rep for disagreeing with my social betters....)

    ====> He should have just removed the picture in the first instance though, it's not as if it was an absurd demand!
     
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  9. zivmaymon

    zivmaymon Regular Member

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    If you would only read my post carefully you would see you didn't understand me AT ALL! and you are misleading the members who read this thread so
    the op quote is for you to read again
    If only you knew my intentions are pure ,you wouldn't post that irelevant post [sorry for both of us].
    I'm actually calling people to act fast and remove copyrighted content!!
    When I'm saying "don't be affraid" I want to calm people down.
    BUT I FORGIVE.