Hello everyone, we have recently recieved a phone call from someone claiming and saying that one of our customers is infringing on copyright.

below is the email:
Dear Rackeasy abuse team

RE: ************

I have just spoke to Brandon with regards to the website *************.

we have found this site to be seriously infringing copyrights to music
classed in the UK and USA. Can you please suspend his services as he had
actually agreed not to upload copyrighted material on his site but, has now
gone against his word.

If you need any further info on our company. please Visit:
www.untouchablesUK.com

Also visit our agency :www.bpi.co.uk
any immediate enquiries email me on this address or Tel: +44 (0) 115 8545629

Your Truly


Gurps (Bpi: 1434)

UntouchablesUK.com
DanceAsia Promotions
DanceAsia P.R. & Marketing Division
DanceAsia Community Affairs
DanceAsia Management Services




_________________________________________________________________
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Quite frankly I think he's full of it... For various reasons such as him using a @hotmail email address "Oh yea that really makes an impression ;)" Then him claiming over the phone the BPI is some gov agency although if it was wouldn't it be ".gov.uk" not ".co.uk" which co = commercial such as com correct?

So I need your help to determine if this is fake or not I have not suspended the customer yet as it dosen't look real. If it was real wouldn't it be an certified signed snail mail letter, and not a phone call/email?:confused: :eek:

All help is appreciated :).

I don't see why it can't be legit.

The real question is if the customer is participating in putting that material on your service.

Exactly ChickenMeat.

Check what content your customer has on his server.

If you find mp3s or whatever that can have legal issues ask him to prove they are legally his to share etc.

Kind regards
Phillip

Yea he has MP3's that are weird ones nothing like rap, or anything popular so I wouldn't know if he made them himself or what...

here is an output of one of his folders:
root@rackone [/home/******/public_html/upload/Dj aps]# ls -alsh
total 61M
4.0k drwxr-xr-x 3 ******* ******* 4.0k Oct 1 16:48 ./
4.0k drwxr-xr-x 6 ******* ******* 4.0k Sep 22 20:07 ../
4.0M -rw-r--r-- 1 ******* ******* 3.9M Sep 22 20:14 --01-Canadian\ Desi\ Mix.mp3
3.3M -rw-r--r-- 1 ******* ******* 3.3M Sep 22 20:23 --02-\ 02\ Bhangra\paun\ dey.mp3
1.5M -rw-r--r-- 1 ******* ******* 1.4M Sep 22 20:27 --03-Im\ Mad.mp3
3.7M -rw-r--r-- 1 ******* ******* 3.6M Sep 22 20:31 --04-Basement\ underground\ Vibe.mp3
3.8M -rw-r--r-- 1 ******* ******* 3.8M Sep 22 20:34 --05-No\ competition.mp3
3.4M -rw-r--r-- 1 ******* ******* 3.3M Sep 22 20:40 --06-Tabba.mp3
3.1M -rw-r--r-- 1 ******* ******* 3.0M Sep 22 20:50 --07-The\ One.mp3
1.7M -rw-r--r-- 1 ******* ******* 1.7M Sep 22 20:52 --08-Indian\ curse.mp3
3.8M -rw-r--r-- 1 ******* ******* 3.7M Sep 22 20:56 --09-Charkha\ Scratch.mp3
3.9M -rw-r--r-- 1 ******* ******* 3.8M Sep 22 21:00 --10-Driving\ at\ night.mp3
4.0M -rw-r--r-- 1 ******* ******* 3.9M Sep 22 21:03 --11-Intr.\ Jagpal\-\ Whats\ Beef_.mp3
3.3M -rw-r--r-- 1 ******* ******* 3.3M Sep 22 21:09 --12-Bass\ Me\ -\ Chamkila.mp3
2.6M -rw-r--r-- 1 ******* ******* 2.6M Sep 22 21:20 --13-Throw\ ur\ hands\ up.mp3
3.2M -rw-r--r-- 1 ******* ******* 3.1M Sep 22 21:28 --14-Sardaran\ de.mp3
2.3M -rw-r--r-- 1 ******* ******* 2.3M Sep 22 21:31 --15-Sweet\ Brotha.mp3
4.3M -rw-r--r-- 1 ******* ******* 4.3M Sep 22 21:48 --16-Crazy\ boliya.mp3
2.5M -rw-r--r-- 1 ******* ******* 2.4M Sep 22 22:03 --17-take\ a\ look.mp3
3.6M -rw-r--r-- 1 ******* ******* 3.5M Sep 22 22:13 18\ Surjit\ B\ -\ Jatt\ de\ Pasand.mp3
3.5M -rw-r--r-- 1 ******* ******* 3.4M Sep 22 22:27 19\ Maniakk.mp3

Yea he has MP3's that are weird ones nothing like rap, or anything popular so I wouldn't know if he made them himself or what...

Just because it's not popular doesn't mean that it's not copyright protected...you should know that :rolleyes:

edit:
13-Throw\ ur\ hands\ up.mp3

If that's the song I've got in my head right now, I know that is copyrighted because my cousin knows the mixer for that, and it samples another very popular dance song...which brings me to another point: should you have posted the file listing here?

Originally posted by akash


Just because it's not popular doesn't mean that it's not copyright protected...you should know that :rolleyes:

He never said they weren't protected.

Akash I didn't say because it's not popular it's not copyright protected.:rolleyes: What I did say is that I don't know if it is copyrighted OR not.

Originally posted by CGarson


He never said they weren't protected.

And I never said they were (aside from the one i think that might be protected). My point was that something that nobody has heard or seen before could be protected; just because you've never heard it or your neighbor hasn't, doesn't mean its not copyright protected. It doesn't hurt to be sure...

Originally posted by ChickenSteak
What I did say is that I don't know if it is copyrighted OR not.


Right and what I said was, just because you haven't heard it doesn't mean it isn't (see above post)....it doesn't hurt to ask your customer to show proof of ownership.

Originally posted by akash


And I never said they were (aside from the one i think that might be protected). My point was that something that nobody has heard or seen before could be protected; just because you've never heard it or your neighbor hasn't, doesn't mean its not copyright protected. It doesn't hurt to be sure...

I know what you're saying, but he said "I dont know if they are protected", so dont act liek he said "They arent protected".

Akash yes it dosen't hurt to check, as I said I don't know if they are or not, nor did I say because I haven't heard it that means there not copyright protected.

Originally posted by akash



Right and what I said was, just because you haven't heard it doesn't mean it isn't (see above post)....it doesn't hurt to ask your customer to show proof of ownership. Akash what I'm simply getting at here is to see if the email looks "real" as you might know diffrent site's compete against each other the person calling and emailing can simply be an enemy who wants this guys site down. Which is why I'm checking here. Even if I asked the customer if he has proof his proof could be voice, as well as the person emailing/calling. It could even be copyrighted with someone completely diffrent.

Sheesh..you guys are totally reading my posts the wrong way.....maybe it's because for some reason you think I'm trying to make ChickenSteak look bad?? No....I'd actually commend him for checking up on his customers and not just ignoring the copyright email....

I'll say once again, my point was that just because you (as in the host, whoever that may be), haven't heard the song, or seen an image, that doesn't mean that it's not copyright protected....

<sidenote>Yes, I know CS didn't say that, but I'm just pointing that out for anyone else reading this thread (including those who wish to start a hosting business).</sidenote>

...and that it doesn't hurt to ask your customer who owns the mp3 files....

Originally posted by akash
Sheesh..you guys are totally reading my posts the wrong way.....maybe it's because for some reason you think I'm trying to make ChickenSteak look bad?? No....I'd actually commend him for checking up on his customers and not just ignoring the copyright email....

I'll say once again, my point was that just because you (as in the host, whoever that may be), haven't heard the song, or seen an image, that doesn't mean that it's not copyright protected....

<sidenote>Yes, I know CS didn't say that, but I'm just pointing that out for anyone else reading this thread (including those who wish to start a hosting business).</sidenote>

...and that it doesn't hurt to ask your customer who owns the mp3 files....


Heh, were not bashing you or anything, or mad. We're saying that you like read his post wrong.

Ok lol it's been a long day ;):). Anyways we are currently investigating and see if these are actually copyrighted.

Akash what I'm simply getting at here is to see if the email looks "real" as you might know diffrent site's compete against each other the person calling and emailing can simply be an enemy who wants this guys site down.


Ask the person who sent you the email to show proof of ownership, if they show proof, then ask your customer to show proof...if you're customer can't show proof within X number of days (i usually set 2 days) suspend the website until they do....

Again, it doesn't hurt to ask....

Originally posted by CGarson


We're saying that you like read his post wrong.

As you did mine ;)

Just tell them to have their attorney contact you on his letterhead.

Yea the person who is claiming the infringment sent me a picture of the cd cover or something lol.

So I sent out an email to the customer giving him 48 hours for proof.

Ok one last question... Do I suspend the customers site who is in question untill the issue is resolved or do I keep it alive untill he is proven guilty?:confused:

Originally posted by SoftWareRevue
Just tell them to have their attorney contact you on his letterhead.


That's a good suggestion, but letterheads can easily be forged/manipulated/created out of nowhewre.....

A phone call would be the best option, but they have to show some kind of proof of ownership, just because they say its theirs doesn't mean you have to believe them right away.

And if they threaten to take you to court, they'll have to do the same thing there to win...show proof of ownership...

Attached is the so called proof.

Do I suspend the customers site who is in question untill the issue is resolved or do I keep it alive untill he is proven guilty

If within 48 hours, he can't show solid proof that he owns it, I'd suspend it....

Thanks everyone, for your help this just about sums it up. I will post the results within 48 hours :).

I would ask your customer to simply cooperate by voluntarily removing the item in question until proof of ownership can be shown.

Well the guy has emailed me back since the one item and now all of a sudden he has a problem with everything on his site.. saying he is infringing on other people's copyrights besides his.

Then tell the guy that keeps telling you that your client is infringing to show proof.

Originally posted by ChickenSteak
Ok lol it's been a long day ;):). Anyways we are currently investigating and see if these are actually copyrighted.

I have mp3 files on my web site, but I wrote and recorded the songs in my home recording studio so I automatically own the rights to my music. I can easily prove that I wrote and recorded the music because I have all the original separate recorded tracks.
:pimp:

Most likely the songs are copyright right protected. You could go to the person that sent you the email and have them list all the songs by name, artist, and record label (name of the songs, not the name of the mp3s) then you can check for yourself. Even if it is a fake email if the music is protected then you might want to get the mp3 files off your server, or at least out of site from the public. (no need to delete evidence should you need it) But that doesn't mean you have to suspend your clients account, all you need to do IMO is remove the offending copyright protected music.

Take care,

Dan.

USA law.

Only the copyright owner can make a complaint.

When notified by the copyright owner, he needs to show proof, if you have the cd, is his name or company name on the CD? The existence of the CD alone is not enough, it has to show he is the copyright owner and is allowed to decide use, since after all no one knows if the copyright holder really cares or has given his permission - except the copyright owner.

If it the copyright owner, you must remove the information now. No 48 hours, instantly. Then notify your user that the information is removed (we back it up just in case).

At which point, if your user wants to fight it, they need to notify you that they intend to fight it - either because they do not believe the information is protected or they believe they have rights under the fair use clause.

You then inform the party complaining. They then have 2 weeks to inform you and/or your customer that they plan on taking legal action, if no legal action is initiated within a two week time, the data in question can return to the site.

If a copyright owner is serious about protection, and the site owner is willing to fight it, the copyright owner must get an injunction to get the information removed, it is a game of chicken for both parties, unless one of them is coke etc - because then you know they will just sue.

This is not legal advice, I am not responsible for any situation that arises out of the above advice, but please - learn the law, this is your business.

Chet

I would just make a simple rule .. no mp3, no warez, and no hacking related sites ... :)

Cheers,

drhonk, and then what do you do when an image or text is in question? Stop hosting images and text?

It is better to understand the law and have a policy that follows the law.

Cht

Agreed :). I will post back here with results within 48 hours :).

"drhonk, and then what do you do when an image or text is in question? Stop hosting images and text?

It is better to understand the law and have a policy that follows the law. "



Sounds like a good idea


*goes to change TOS/AUP*

;)