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Paypal/Plimus and a DMCA

Discussion in 'BlackHat Lounge' started by onthegoaudio1, Aug 11, 2011.

  1. onthegoaudio1

    onthegoaudio1 Regular Member

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    So I had Paypal AND Plimus on one of my sites. I ended up taking Paypal off because Plimus accepts Paypal.

    This morning I get a email from Paypal and Plimus saying that one of my competitors is claiming I stole his design and Paypal is no longer accepting my payments. Here is a few facts.

    - My site looks NOTHING like his.
    - 100% Unique content.
    - Not ONE graphic on my site is his.
    - His site is HTML and mine is Wordpress.

    So basically how can Paypal even agree to this? Now I have to file a counter complaint. Anyone know how long it will take for that to be processed? Not having Paypal is a killer even with Plimus (I hate waiting 30 days for my money)

    This sucks... I have a feeling he is who had my sites "Hacked" a few days ago.

    This is the thread from where they were hacked
    http://www.blackhatworld.com/blackh...39182-all-my-sites-were-hacked-hostgator.html

    I am trying to figure out how I will repay him for his "kindness" :D
     
  2. imlol

    imlol Regular Member

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    If you havent done anything wrong give them a call and ask specifically what the issue is. Let them know after they tell you the issue that youve been hacked recently and your hosting can verify (if you contacted them).
     
  3. Niche-Digger

    Niche-Digger Junior Member

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    pp has their own rules and laws. They do what they want.
     
  4. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    Phone call, Dude, phone call.

    Call PP right away and they will be able to look at both sites and see no issue.

    Phone call... did I say that already?
     
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  5. onthegoaudio1

    onthegoaudio1 Regular Member

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    I called them right when I got it (I am on the phone INSTANTLY when my $$ involved.) They said I have to send this in: (I am doing it now)



    When you issue the counter-claim, make sure to follow the guidelines below:

    To [Whom it may concern],

    I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA). You recently provided me with a copy of Notice of Infringement from [name the party who submitted the Notice of Infringement]. This letter is a Counter-Notification as authorized in § 512(g) of the U.S. Copyright Law. I have a good faith belief that the material that was removed or disabled as a result of the Notice of Infringement was a result of mistake or misidentification of the material. I therefore request that the material be replaced and/or no longer disabled.

    1. The material in question formerly appeared at the website address: [provide the full website address, and a link to the page on which the material appears].
    2. My contact information is as follows: [provide your name, address, telephone number, and email address].
    3. I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, Plimus, may be found), and I agree to accept service of process from the person who provided the Notice of Infringement.
    4. I have a good faith belief that the material removed or disabled following the Notice of Infringement was removed or disabled because of mistake or misidentification of the material. I therefore request that the material be replaced and/or no longer disabled.
    I declare under federal law, that if I knowingly misrepresent online material that is / is not infringing , I may be subject to heavy civil penalties and including monetary damages, court cost and attorney fees incurred by Plimus, or by any copyright owner, or copyright owner licensee that is injured as a result of our relying upon the misrepresentation. I may also be subject to criminal prosecution for perjury.

    Regards,
    [YOUR NAME AND SIGNATURE GOES HERE]
     
    Last edited: Aug 11, 2011
  6. BassTrackerBoats

    BassTrackerBoats Moderator Staff Member Moderator Jr. VIP

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    I had a similar issue with a host when someone said I ripped their content and put it on my site.

    All my sites have original content so I sent a similar letter to the host and inside of 48 hours things were fine.

    Granted, PP is not the hosting service but I would imagine they would also act swiftly.

     
  7. onthegoaudio1

    onthegoaudio1 Regular Member

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    Yeah I forgot to mention that happened also. HG made me take the site down pending review. Was fixed in a few hours.