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Hostwinds gives out users profile regarding DMCA issues?

Discussion in 'Black Hat SEO' started by janet howell, Aug 5, 2015.

  1. janet howell

    janet howell Newbie

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    Yesterday I used BitTorrent to download a film on hostwinds VPS but forgot to close it after download completed, so BitTorrent was seeding the movie for about 12 hours after that.

    This morning I received an email from hostwinds telling me they got an DMCA notification saying my vps hosted and distributed the movie for BT downloads.

    And in the email from DMCA, I'm asked to settle an offer at copyrightsettlements .

    Please anyone kindly advise what I should do to proceed.

    Is it possible that hostwinds gives out my name,address and cc number to related departments?
     
  2. Hostwinds

    Hostwinds Power Member UnGagged Attendee Enterprise Member

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    Just want to clear up one tidbit before the speculations begin:


    We only provide information to outside agencies who have a subpoena or court order instructing us to do so.

    In Addition we do not condone the user of our services in order to pirate copyright materials
     
  3. starki

    starki Power Member

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    The problem with Bittorrent is: Every user actively distributes the material, even if you close the connection right after downloading. It's the way the thing works, you automatically share stuff.

    Hostwinds explicitly forbids "to infringe upon any copyright or trademark" in their TOS for a reason, they are bound to US law and the movie industry has really deep pockets, that's the type of guys you don't really want to mess with. While the lawyers from Hollywood are certainly not interested in having a great evening with you credit card number, hookers and booze (ok, maybe hookers and booze, but they can easily afford paying with their own Centurion Amex), they can force any US based host to hand over your personal details via legal means.
     
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  4. janet howell

    janet howell Newbie

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    Thanks for your time.

    So... maybe I'll become a member of one of the BHW groups who are going to be sent to jail due to DMCA issues...

    Expensive lesson...
     
  5. janet howell

    janet howell Newbie

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    ... I can not be aware whether you've handed over my personal details ,can I ?
     
  6. the_demon

    the_demon Jr. Executive VIP

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    If they due pursue you they'll probably just want to settle in court, you'd likely pay a fine of $500 - $2,500 or so based on what I've come across previously. In the future I'd recommend you always use an anonymous VPN or Proxy that specializes in Bittorent (just google for this) and make sure they are based outside the US. Also, look into PeerBlock and iblocklist.
     
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  7. bahus

    bahus Regular Member

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    Before you pay you may want to speak to a lawyer, I'm not an expert or lawyer but from what I have read most of the DMCA notes is a one big scam. There may be some legal bases, but for most part it is a scam to scare the shit out of you and make you pay. They wanted to do the same in Canada, but it didn't fly, Canadian judges are smarter than US and were able to see through the scam and intimidating language. In fact, before they send the shit letters they must have court approval to ensure that it meets legal standards. Anyway, fight back, you may not pay at all or pay very little. As for vps hosts or ISPs, they have to forward you the letter, that doesn't mean that they have given them your personal info. For that they need subpoena or court order. And that cost money, it may cost them more then they demand from you, plus court fees. So this is your 'window of opportunity'. Good luck! Going forward, stick to private trackers, they are much safer than public.
     
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    Last edited: Aug 6, 2015
  8. asimovgxj

    asimovgxj Junior Member

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    Yes, you learnt an expensive lesson.
     
  9. janet howell

    janet howell Newbie

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    Thank you all...
    I closed the BitTorrent immediately when received the DMCA note. So will the LA guys force hostwinds to hand over my details via legal means? Hostwinds will not let me know if they do so,right?

    Thousands of cash is not a big issue but thats annoying, the only thing I can do now ,is just to wait the hammer,if any.
     
  10. bahus

    bahus Regular Member

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    If this is the only instance they caught you sharing something, it will cost them more to go through the red tape than the whole thing is worth, and more importantly more than a court would have award them if this ever goes to court.

    As for "if the LA guys force hostwinds to hand over my details via legal means? Hostwinds will not let me know if they do so,right?"

    I would assume that they would let you know that they've been ordered by court to hand over your personal details. But to be on the safe side, ask
    Hostwinds.

    P.S. Even if t
    housands of cash is not a big issue, don't hand over free cash to those LA bastards :)
     
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