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DMCA NOTICE directly to my Email ID

Discussion in 'BlackHat Lounge' started by CrazyTeen, Jan 31, 2015.

  1. CrazyTeen

    CrazyTeen Regular Member

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    I got a DMCA Report for one of my site where i promote a fake game h4ck (CPA Monetize). The Sender email is different from the Official Game Site.

    DMCA Email came directly to my Email ID and not through the My host.

    Here is a screenshot of the Email that i received

    8Vg1VK5.jpg

    What should i do now?

    I am using Hostwinds to host my site. Should i remove the content and delete the domain or Move to a Offshore Host that ignores DMCA Complaints.

    If I should move to a Offshore Host, suggest me a Good Host to be safe.
     
  2. cobaltblue87

    cobaltblue87 Jr. VIP Jr. VIP Premium Member

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    Well, the Fondia.fi seems to be a legit lawyer firm, which does work for gaming companies according to their website! definitely a tricky situation, which i've never faced. Try Serveria? Seems to be one of the better offshore hosting companies.
     
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  3. dave18k

    dave18k Junior Member

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    they cant force you anyway haha, you pay for your hosting you do what you want after all :D
    they wont come to your home with a gun and asking to remove everything, they should not brag about that its free pub for them anyway
     
  4. Nut-Nights

    Nut-Nights Jr. VIP Jr. VIP

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    Just shift hosting on offshore hosting and buy .to, .net, .io domains.
     
  5. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    Very uninformed comment.

    They can force take your domain if it is a trademark infringement, force your host to shut you down if you are violating copyright or trademarks, force you and sue you actually.

    I don't know if the letter is legit but there can be civil repercussions by violating those two things.
     
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  6. CrazyTeen

    CrazyTeen Regular Member

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    Will i be safe changing the Host to Offshore? I asked knownsrv and showed them the Screenshot of the DMCA and they said that they can handle the site.

    Can i ask the sender of the DMCA email for some kind of proof that they are the legal persons for the Gaming Company and not some sh** competitor trying to take my site down.

    Sorry i need to use the same domain, i have it ranked on Google.
     
  7. prab1996

    prab1996 Elite Member

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    your gf's <3 ♥♥♥♥
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    Do you have whois protection ?
     
  8. christianbed

    christianbed Jr. VIP Jr. VIP

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    First, ask yourself whether you are making enough money from infringing upon someone's trademark to pay for possible legal action in the future. I don't think this is a good long-term strategy.

    Also, don't contact the firm personally to get proof they sent the letter...that would just be stupid. Hire a lawyer to do that for you. Though, if they wanted you badly enough, they can subpoena your host and ISP and then serve you. You could motion to quash, but that's not going to work in a case like this.

    Seriously, don't mess with the law...lawyers are hungry and in this case, you have clearly broken the law so a judge would definitely find for the plaintiff.

    If you cannot afford a lawyer, you aren't making enough money for this to be considered a viable strategy IMHO.

    As well, if you mess with a wealthy company/individual, they might decide to just teach you a lesson someday. They already have the DMCA. They were making $2.5million A DAY from one of their games in 2013...you're screwing with that game's online presence...I think they're actually being super chill considering...however, they HAVE hired a law firm to let you know they don't appreciate it so I'm not too sure they will be lenient in the future.
     
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  9. OrangeNRG

    OrangeNRG Regular Member

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    Email ends in @fondia.fi. Looks legit to me.
     
  10. pazocean

    pazocean Junior Member

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    I am curious to know.^^
    How long was your site online until you received this email?
     
  11. iggypop

    iggypop Junior Member

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    I'm not a lawyer so this isn't legal advice, just my personal experience:

    They're basically telling you what you're doing wrong there. You're infringing on their copyrights, and they're being courteous in letting you know. It might be a mass-blast to numerous people who are doing the same thing/similar infringements on those specific copyrights/titles. I have seen that before. Personally, i would remove anything related to the trademarks listed there, forget they exist, and move on. They don't care about anyone else's copyrights you might be infringing on, they just care about those specific titles you're infringing on. Of course, if the domain name is infringing on the copyrights, I would personally just get rid of it. Again im not a lawyer and I can not give legal advice, but i would also not respond to their email to apologize or anything like that. Under no circumstances would i acknowledge that i received their email. All i know is once these lawyers have their eyes on you, you're always in their sights.
     
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    Last edited: Jan 31, 2015
  12. reoman

    reoman Junior Member

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    What country do you live in? Do you have any significant assets such as a home?
     
  13. satyr85

    satyr85 Jr. VIP Jr. VIP

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    1. Bulletproof domain.
    Domain from country where they dont give a fuck about dmca. For example Moldova domain.

    2. Offshore hosting.
    Ukraine, moldova, russia etc.

    You need 1&2 to be safe. All global domains ( com, net, info are not safe).

    Better do what they want. Remove domain and hosting.
     
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  14. CrazyTeen

    CrazyTeen Regular Member

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    It is online for more than a year.

    It is a .COM domain and i have it hosted on HOSTWINDS
     
  15. RB1987

    RB1987 Junior Member

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    Absolutely.. And that's why you need shift to a hosting and buy a domain immediately.
     
  16. oscilay

    oscilay Regular Member

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    Can't you just remove whatever is infringing on their copyrights? If not, transfer the host/domain registrar to offshore providers.
     
  17. peepin2me

    peepin2me Regular Member

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    Which country do you reside in? Does your country have strict laws to protect intellectual property rights?
     
  18. deancow

    deancow Jr. VIP Jr. VIP

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    Does hostwinds just hand over users email to law firms?
     
  19. papa_ji

    papa_ji BANNED BANNED Jr. VIP Premium Member

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    move to some offshore hosting
     
  20. fheaky

    fheaky Regular Member

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    I got the EXACT same email. I wouldn't worry too much about it, they probably sent it to everyone.