DMCA email

Jonxi · Jan 12, 2016

Hi guys, here is my problem. I set up a site three days ago, including a DMCA disclaimer page with a forwarding email (inquiry[..] than points to my actual email)
Today I received a DMCA (WEll not relaly DMCA, it's a european copyright enfringment) complaint from the copyright owner. It's spanish, the email said:
Dear Sir,

I am contacting you on behalf of *copyright owner name*
We have discovered that you are offering through your Web site bla bla content without authorization [...]. They say to delete content and promise not to do it again.
If you accept to cooperate with us and your infringements do not have further consequences for [...] we may not take this issue any further. Please cease on the use of our property and confirm in writing, within ten (10) days from the reception of this letter, your commitment on not using any property of *COPYRIGHT OWNER*

I'm with Sharkservers, what should I do now? I don't want to delete everything just because these morons say it, but I don't want to go to prison either.
I was thinking about not giving a damn ** and ignore the email.

Elon Snup · Jan 12, 2016

They will eventually email your host, email your domain registrar, if both decide to not pursue anything, then they will pursue you.

It really depends on which country you are when it comes to the probable lawsuit. It also depends on the company size. Do they have a lawyer on the payroll? If yes, you're probably fucked.

To summarize: when i receive that kind of email, I delete the content. thats how it works.

Rifle33 · Jan 12, 2016

Depends on the country where you live. If you are in USA or EU then delete it, if not, they probably can't do anything about it...

Jonxi · Jan 12, 2016

Thanks for the answers. Yes I'm from Europe, very close to their country. They say I'm abusing: domain name, footage, and unfair competition.
Problem is I have to delete everything..I would be losing money. I reckon this is not even DMCA, because DMCA is american.
is there really nothing I can do?

Like changing domain name, removing all related pictures, but keeping the footage? Footage is stored on videomega, I only post the links

Aatrox · Jan 12, 2016

I had problems like that. I moved to another domain. After a month or two, they found out and emailed again. Then I removed it and not working with that particular niche again.

You said that you don't host the footage, then you should say that to them.

jimbobo2779 · Jan 12, 2016

If the copyrighted content is theirs then you really have 2 paths to choose from:
1) Delete content and build something else
2) Leave it up and likely result in loss of your domain with the chance of legal troubles down the line.

Both routes result in you losing the website but one could be more costly than the other.

If the content and domain name are not infringing then they have nothing to really complain about but that is something that you will have to decide on whether it is worth fighting over.

Jonxi · Jan 12, 2016

Well let's say I don't host the footage on my website, though I'm the one who uploads it on videomega..
It's incredible my website had made barely 2k views and I already got a complaint. I'm sorry to hear you had the same problem, it's clear that moving to a new domain won't help. This was really a nice niche

Perhaps I might delete everything, move to a new domain and only use it as an archive. Like only have 1 page (no custom appealing site) with:

video1 link
video2 link
video3 link
video4 link

Would this help?

V · Jan 12, 2016

You will still receive complaints. Why not register a domain with fake info or have someone from a country where there are no copyright laws, register a domain for you. Use an offshore hosting which do not care about DMCA complaints. You might be able to avoid the problem this way. I've been doing this for quite some time now. I also state in the footer of my site that "We do not host any content on our hosting. We only provide links from other sites. blah blah". Be careful with DMCA because it's not a thing you take lightly

Jonxi · Jan 12, 2016

Sharkservers should be an offshore hosting too..In fact, the email I received was not forwarded from them. The forwarding address was public on the website page for any inquiry. Wonder if you could help me on finding someone who would register it. I will state that in the footer next time for sure!

Jonxi · Jan 12, 2016

I removed all the content, sent an email back and they accepted my actions. I'm planning to make a new website, only hyperlinks, no pics or texts. Thanks for your help

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