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I just got a DMCA threat from some guy

Discussion in 'Blogging' started by comanche, Mar 24, 2010.

  1. comanche

    comanche Junior Member

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    I have this old tech autoblog that I haven't touched in about 5 months. Today I received a message from somebody at TechQuark.com threatening some DMCA action against me if I don't take down his content. Just a heads up for anybody using his RSS feeds
     
  2. cool0403

    cool0403 BANNED BANNED

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    tell them you want to speak with their lawyer. Trust me , your blog isnt much of a threat they won't really do anything as it costs them more to take action against you from what they could potentially benefit. So you should kinda tell them "go fuck yourself"
     
  3. orbit

    orbit Regular Member

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    Isnt that the the point of RSS?
     
  4. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    If they complain to your host there might be an issue especially if it is godaddy. Of course, you could email them back and ask them why they have an RSS feed available.
     
  5. j0b0123

    j0b0123 Regular Member

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    Or do the easy thing, just delete the material from your site and move on. Takes about 15 min of work and is much easier than getting into it with them. I would also suggest to them that they STOP publishing an RSS feed, after all that is why you do it, to syndicate the content. What a dumbass if you think about it.
     
  6. CashFlowGuy

    CashFlowGuy Regular Member

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    Man just pick your battles, i once took an article off of goarticles and this was just once, and without any links i posted it on my blog, the guy harrassed me untill i took it down. I rather not fuck with lawyers, or the law. It was sad because the noob fighting with me have a cheap blogger that made .50 cents a week and cried like OMG im going to lose money lol.
     
    Last edited: Mar 24, 2010
  7. Deprecated

    Deprecated Registered Member

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    I send out DMCAs all the time and have successfully had sites taken down many times. You might have the urge to tell him to go fuck himself but your host will not. They have to play by the rules and they will act on a DMCA request.

    If I elect to pursue someone, it will cost me a few hundred bucks. To me it's worth it, especially if some chucklehead has stolen my content and then told me to go fuck myself. Google Thompson & Knight if you need a law firm who can handle this kind of thing quickly and efficiently.

    You might also want to retain them if you're in the business of stealing content. Eventually you will mess with the wrong person and need their services. :D
     
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  8. Deprecated

    Deprecated Registered Member

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    Oh, while we're on the subject...

    RSS feeds are so people can get the latest posts on a blog on their email clients that support RSS, their phones, google reader, etc. It's designed to condense all of a users favorite sites content into one place so they don't have to visit each site individually. RSS feeds are for the end user. They aren't intended to be republished.

    To say that RSS feeds shouldn't exist if they don't want them to be republished is like claiming that Time Magazine should stop publishing their magazine if they don't want people redistributing their articles (try that sometime by the way, copy their article verbatim and publish it online and see what happens). Ditto for textbooks.
     
  9. comanche

    comanche Junior Member

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    The douche nozzle at techquark still hasn't replied to my email. I'm gonna assume it's an empty threat. I had a feeling that this guy was bullshitting but I didn't feel like risking it and took down a bunch of posts :)
     
  10. Vance

    Vance Newbie

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    Some of these threats are just empty boasts. Yesterday I think I stumbled across that gave a free sample DMCA letter and some bullshit instructions...I'll go through my History and post the link.

    Though, it's a wise thing to watch your step, lol
     
  11. kenblack

    kenblack Regular Member

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    @yujun wtf? xrunner on BHW, that is irony.
     
    Last edited: Mar 26, 2010
  12. cycleandsurf

    cycleandsurf Newbie

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    comanche, my brother is another example of someone who does take action in terms of DMCA's. I'd be careful. Better safe than sorry right? I bet you can find valuable alternative RSS's anyway. In any case, best of luck, don't want to see you in any real legal trouble.
     
  13. richcamp

    richcamp Regular Member

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    The fact that its on the web dont mean its free for all unless its specifically says so. If somone caught you taking candies at the supermaket you can tell that person to fuck off and he'll probbably do so or he could report you to the manager/cops and you'll be in the shit.

    It applies here too, the smart move I'd say is to just take off his content and use something else. Maybe sent him an email that say would it be okay of you link back to the original post, if he says no, then just take it down
     
  14. dethkult

    dethkult Newbie

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    Just got an email from a dude whose site I was scraping..

    Code:
    Subject: Cease Scraping Of Sites
    
    Message Body:
    This is your one and only warning to stop scraping from mine and other sites, if every article you scraped is not removed in 24hrs I will report to your host and they will shut this site down. Not just my articles, but all of them. I am also reporting this to Google to be sure you get penalized and possibly removed from their index!
    
    Write your own content!
    
    Haha. Just wondering why the hell did he want me to take down all the articles too? I did play by the rules of autoblog really by including linkback to their site, even including his site in my blogroll.
     
  15. FreshlyBlended

    FreshlyBlended Registered Member

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    Tell the guy to go fuck himself! Threatening a DMCA is not the same as sending a DMCA. I am no lawyer but you dont have to honor or even respond to a request to take something down unless it is in the proper DMCA format. Once you get the DMCA just comply and take the shit down within a couple days.

    You have no idea who is emailing you to take down some content and if they own it or not. Make them work for it, prove it, and send you a DMCA!

    Everyone likes to sound like a bad ass in a email and talk about their huge "legal team" and how they will sue you, blah blah blah... Actions speak louder than words.
     
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  16. neuromancerx

    neuromancerx Registered Member

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    anybody can get a dmca subpoena template and pretend to be a lawyer. this is why you register domains through Russian or Chinese domain registrars so they are ignored.
     
  17. jimbo2087

    jimbo2087 Regular Member

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    Exactly...all these blog owners just add RSS feeds because its the done thing and then bitch when people are actually syndicating there content.

    Send him this link, seriously - http://en.wikipedia.org/wiki/Web_syndication
     
  18. Mesach

    Mesach Junior Member

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    Would being a reseller, complete with your own nameservers, and having a legit page setup at the "reseller domain" work for these idiots? they would send a DMCA to to you, when you dont to anything, they send one to your "host" which is you... and you kindly tell them to F.O.
     
  19. WhatUpG

    WhatUpG Newbie

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    All the idiot has to do is set his RSS to only show titles and not the full articles. If he syndicates the complete articles then WTF is he complaining about?

    It's a little different if you are actually scraping his shit, but just using an RSS that is freely published shouldn't have any legal ramifications.

    People jack my shit all the time. Landers, Articles, Images, you name it. Hell google makes a living out of scraping/copying sites and caching them without ever asking. This is the web. If you put it on the net, someones gonna copy it.

    I hate crybabies who pull this DMCA shit.