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Streaming website, got my first DMCA notice, what to do?

Discussion in 'Web Hosting' started by WLEXT, Jun 9, 2016.

  1. WLEXT

    WLEXT Newbie

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    Hi,

    I run a streaming website & i just got my first dmca complaint through our "contact us" form, sent from a lawyer lady of a British television channel.

    My website is on offshore hosting, the complaint is about one episode, what do guys think I should do?
    The notice seems pretty formal, I'm wondering what should I reply or should I even reply from my private email?

    The episode page in question already have this as warning
    "We don’t host, own or claim any credit for the videos and the contents indexed in this page, if you are a copyright holder please don’t send copyright complaints to us, kindly please forward complaints to the original contents hosters, we only index & embed content found in other websites like YouTube etc much like how Google works. Our job is only to organize & index content found freely on the web to make it easier for users to find it under one roof. No copyright infringement is intended nor implied, xxx.xxx simply acts as a search engine, is not responsible for the content of external websites. Please ensure before sending removal requests that the media in question is actually hosted by xxx.xxx. All the video content found on xxx.xxx is not hosted on our servers nor is created or uploaded by us. The most effective way of protecting your rights is to seek removal from the host that is responsible for the content. This in turn, will remove the content from xxx.xxx and any other search engines that may have indexed the content."
     
  2. Sombrero

    Sombrero Senior Member

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    Grab a beer, relax and stop using content that isn't yours.
     
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  3. WLEXT

    WLEXT Newbie

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    touché, seriously though....
     
  4. HudsonWebServices

    HudsonWebServices Jr. VIP Jr. VIP

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    I would definitely respond to the DMCA complaint. Otherwise, you could end up in jail and a nice massive fine
     
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  5. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    Don't reply back but just take down the episode that the DMCA notice refers to. Or keep it up and find some bullet proof hosting and ignore it.
    The warning you have placed won't protect you though, so if you are worried in any way just take it down.
     
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  6. nisdee

    nisdee Regular Member

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    If the episode is hosted somewhere else and you are just iframing it or whatever on your site + you have an offshore hosting which ignores DMCA, you are basically good

    But in your place I would just remove the episode, it's not worth to get into some legal problems
     
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  7. WLEXT

    WLEXT Newbie

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    Thank you guys for your replies, even though I have bullet proof hosting I just removed the episode all together, but replied to the notice before reading the other comments here, is it risky replying to them? my email doesn't contain any personal information.
     
  8. Asif WILSON Khan

    Asif WILSON Khan Executive VIP Jr. VIP

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    If you had WHOIS privacy you should be fine. If they contact you again just update the thread and you should get more advice.
     
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  9. SafeSEO

    SafeSEO Jr. VIP Jr. VIP Premium Member

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    If you will remove those episodes they will be good even without sending reply ;) They send hundreds if not more on daily basis
     
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  10. WLEXT

    WLEXT Newbie

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    Thank you man, appreciate your help.
    They contacted me back saying, "Thank you for dealing with this so quickly". Hopefully I don't see them again, I will soon move to a different domain anyway (tonic domain ".to") because I don't think my domain is that safe now but my hosting is already dmca safe.
     
  11. Anonymously

    Anonymously Jr. VIP Jr. VIP

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    1) Make sure they can't trace you. This means no names, no addresses, no photos of your pet.
    2) If they've contacted you, and you don't respond, they're going to contact your hosting provider (if they haven't already) by tracing the IP address. If your hosting provider is truly offshore, you should be fine.

    There is an article about the consequences of ignoring DMCA, which you can find here: http://www.offshoredmca.com/consequences-of-ignoring-a-dmca-takedown-notice/

    Just note that this is written for American businesses, so don't get too scared. 1) Most DMCA takedown notices are send out automatically, 2) they don't care about you unless you're a big player.

    Since it's just one episode, I would comply. To make yourself not liable to what is happening on your website, you should build it as a platform where your users *wink wink* are adding the videos, and not the admins of the website, or worse, the owner.
     
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  12. CenTex Hosting

    CenTex Hosting Jr. VIP Jr. VIP

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    I would just take it down. Not worth the trouble. Why put yourself at risk.

    That's just me. I am sure tons of other people will tell you your ok leave it up. if it was my site it would already be down.
     
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  13. anythingispossible365

    anythingispossible365 Newbie

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    Don't listen to everyone saying you're going to get in trouble. Just take it down, simple as that. All you have to do is comply, I'm sure you have alot more content where that came from, so if it happens every now and then, oh well. You have a tube site..so it will happen again. And when it does, just take it down. Replying to the email is fine. Just like i'm sure those pricks have an already typed document that they send out to everybody, use this is an opportunity to go ahead and create one for yourself as well for future use. That way whenever it happens in the future just send them the same reply so you don't have to think about it again so hard. Simply apologize, say how you respect others property blah blah blah and that your company takes copyright infringement serious and that the media in question has been removed. Done.
     
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  14. niaxxi

    niaxxi Newbie

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    I suggest change your host. Try https://offshorededi.com/
     
  15. SEO INC

    SEO INC Regular Member

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    His question was not that.

    Better to take down the content, though you are not hosting it, still in my opinion not worth the hassle.
     
  16. SumaKan

    SumaKan Newbie

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    Delete the content and move on
     
  17. maxxwilliams

    maxxwilliams Junior Member

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    Just reply to that bitch with a picture that reads: "Fuck you, and your DMCA complaint!"
     
  18. virtualpurity

    virtualpurity Jr. VIP Jr. VIP

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    If the domain is registered on your name and dosent have whois guard than it might track back to you. I would suggest you to register new domain if thats the case and with good hosting you will have no problems.
     
  19. redarrow

    redarrow Elite Member

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    You just take down what theres or what they say is there's.

    Never ignore dmca

    Just take anythink down they say needs to be removed , as long as you agree to remove the copywrite content there be happy if you ignore dmca then exsoect court, and will cost you not them .....
     
  20. Torook

    Torook BANNED BANNED

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    I have had a good run dealing with superbithost.com - their work is based on quality and many people appreciate them.
    I really appreciate all the work they did for me and want to thank their team. I highly recommend this web host.