DMCA NOTICE directly to my Email ID

CrazyTeen · Jan 31, 2015

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

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.

cobaltblue87 · Jan 31, 2015

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.

dave18k · Jan 31, 2015

they cant force you anyway haha, you pay for your hosting you do what you want after all

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

Nut-Nights · Jan 31, 2015

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

BassTrackerBoats · Jan 31, 2015

dave18k said:
they cant force you anyway haha, you pay for your hosting you do what you want after all

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.

CrazyTeen · Jan 31, 2015

cobaltblue87 said:
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.

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.

Nut-Nights said:
Just shift hosting on offshore hosting and buy .to, .net, .io domains.

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

prab1996 · Jan 31, 2015

Do you have whois protection ?

christianbed · Jan 31, 2015

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.

OrangeNRG · Jan 31, 2015

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

pazocean · Jan 31, 2015

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

iggypop · Jan 31, 2015

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.

reoman · Jan 31, 2015

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

satyr85 · Jan 31, 2015

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).

What should i do now?

Better do what they want. Remove domain and hosting.

CrazyTeen · Feb 1, 2015

pazocean said:
I am curious to know.^^
How long was your site online until you received this email?

It is online for more than a year.

satyr85 said:
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.

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

RB1987 · Feb 1, 2015

BassTrackerBoats said:
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.

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

oscilay · Feb 1, 2015

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

peepin2me · Feb 1, 2015

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

deancow · Feb 1, 2015

Does hostwinds just hand over users email to law firms?

papa_ji · Feb 1, 2015

move to some offshore hosting

fheaky · Feb 1, 2015

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

DMCA NOTICE directly to my Email ID

Regular Member

Power Member

Junior Member

Elite Member

Support Admin

Regular Member

Elite Member

Elite Member

Regular Member

Junior Member

Junior Member

Junior Member

Elite Member

Regular Member

BANNED

Power Member

Regular Member

Power Member

BANNED

Power Member

Main Menu

Marketplace

Making Money

BlackHat World