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Thread: DMCA Issue

  1. #26
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    Quote Originally Posted by Thales View Post
    HostGator is not acting on your DMCA notice because you have no legal standing to demand that they do anything. Simple as that, move on, have a great day, adios!

    -fin
    Thales
    Quoted for the best response in this thread.
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  2. #27
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    Quote Originally Posted by swamparoux View Post
    If a hosting company will only act if someone has the ability to sue, then that shows a lack of morals and ethics on the part of the hosting provider.
    That. Sounds. EPIC. I think we all know what you meant, but, its fantastic.

    GregVernon, I know my software is not being illegally distributed, as I have responded to in a previous post. My issue is that any software that I write can easily be illegal distributed, though. The blog poster on HostGator's network is providing a direct means to illegal distribution.
    Sorry, I missed that.
    But, like I said, you're asking hostgator to remove a tool (like the network administration guy and others have said). Thats not illegal. Plus, the network is not providing a direct means to illegal distribution! A person has to have the software in order to decompile it. Sorry!
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  3. #28
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    Quote Originally Posted by GregVernon View Post
    Plus, the network is not providing a direct means to illegal distribution! A person has to have the software in order to decompile it. Sorry!
    Has to have what software?
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  4. #29
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    Quote Originally Posted by swamparoux View Post
    If a hosting company will only act if someone has the ability to sue, then that shows a lack of morals and ethics on the part of the hosting provider.

    GregVernon, I know my software is not being illegally distributed, as I have responded to in a previous post. My issue is that any software that I write can easily be illegal distributed, though. The blog poster on HostGator's network is providing a direct means to illegal distribution.
    So they suspend the account and retain their ethical reputation, but the customer sues them instead? I would think that since you are in the minority of thinking on this subject that it would be sufficiently evident why HostGator is not doing what you want them to do. Since you obviously can't glean that information from this thread I'll sum it up;

    1) They cannot suspend an account because it hosts a tool that may or may not be used maliciously.
    2) They cannot/will not act on your DMCA notice because you have no right to file it.
    3) HostGator is promoting the free exchange of information, this isn't an issue of ethics or morality.
    4) You are not their customer, they owe you less than squat. Sure, you could be a customer, but why would they risk existing income on potential income?

    Regardless of whether or not the core of work that has been created is in danger of being reverse engineered you did not create it, you have no ethical, legal or commonsense right to demand that they take it down. If it was promoted as a tool to reverse engineer your particular creation it would be different, until then you have NO RIGHT.

    Maybe your time would be better spent convincing the actual victim of this tool to file a DMCA request instead of presenting your case to people who have no influence either way.

    The title of this thread is just over the top. Maybe we should create a thread that says; Nicholas Hillebran/swamparoux supports gagging the free flow of information!

    -fin
    Thales
    Last edited by Thales; 09-19-2008 at 01:34 PM.
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  5. #30
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    I have contacted the creator of the Game Maker system and notified him of HostGator's reluctant attitude.
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  6. #31
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    Quote Originally Posted by swamparoux View Post
    I have contacted the creator of the Game Maker system and notified him of HostGator's reluctant attitude.
    Great. So am I to take it you are the internet police now?

    -fin
    Thales
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  7. #32
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    Nothing is wrong with a decompiler. They are neither illegal nor immoral. There are legitimate ways and reasons to do reverse engineering. Quoting from Wikipedia: "It can be used for the recovery of lost source code, and is also useful in some cases for computer security, interoperability and error correction."

    If a decompiler is morally bad then a hammer is morally bad since a hammer can be used to kill a person. A compiler is also morally bad as HostGator said: One can write a virus or harmful software using the C compiler. Does this make the C compiler morally wrong ? Should it be forbidden ? If you argue this way pretty much everything must be forbidden. I mean look at all the things lying around you. Is there anything that can not be used in a harmful way ? I.e. if you see a cup or a spoon or whatever...all of that can be used to harm others, cause damage etc.
    Last edited by hostinginsiders; 09-19-2008 at 01:48 PM.
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  8. #33
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    Quote Originally Posted by swamparoux View Post
    Has to have what software?
    You have to have the software you want to decompile before you can decompile it. It's as simple as that.
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  9. #34
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    Maybe someone should contact Virtuoso/LogicWeb to clue them in to the slanderous comments on your site, KnowNothing, so that they can have their attorneys shoot you a friendly eMail.

    -fin
    Thales
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  10. #35
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    is no one mentioned the user involved may not be in the United States, where the DMCA is law. HostGator may be protecting the rights of an individual who doesn't have to follow the laws of the US.
    As the content is hosted in the US, it will have to abide US laws.
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  11. #36
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    Quote Originally Posted by ldcdc View Post
    As the content is hosted in the US, it will have to abide US laws.
    This is true, but the point is moot as US law hasn't been broken.
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  12. #37
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    Quote Originally Posted by Thales View Post
    Maybe someone should contact Virtuoso/LogicWeb to clue them in to the slanderous comments on your site, KnowNothing, so that they can have their attorneys shoot you a friendly eMail.

    -fin
    Thales
    So this is way offtopic, and shouldn't count toward any of my post counts, but this is classy.

    I went onto the page Thales was talking about, my favorite part:

    “Your supposed to login to smtp first. We will not modify the spam settings. The headers are important and we have literally over 52,000 domains hosted with no complaints about this system.

    I have no idea how you expect to hide your 'valid email accounts'. Headers are there by default and you cannot just remove certain portions. They are obviously there for a reason and your research should make that clear why every hosts uses them.”

    Firstly, this company has a pattern of making people look stupid or insulting their intelligence. For a company that does this, they might want to learn 2nd grade grammar. It's supposed to be “You're” not “Your”
    I'm not big on grammar, but when someone corrects someone *and they're wrong* I find it hilarious.

    Its YOUR valid emails, not YOU ARE valid emails!
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  13. #38
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    Quote Originally Posted by GregVernon View Post
    I'm not big on grammar, but when someone corrects someone *and they're wrong* I find it hilarious.
    Actually, the "your" at the beginning of the first paragraph should be "you're". I think that's the one he meant.
    Matt Kennedy
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  14. #39
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    Look around on the site a bit more, you'll find more glaring grammatical errors.

    -fin
    Thales
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  15. #40
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    Quote Originally Posted by swamparoux View Post
    GregVernon, I know my software is not being illegally distributed, as I have responded to in a previous post. My issue is that any software that I write can easily be illegal distributed, though. The blog poster on HostGator's network is providing a direct means to illegal distribution.
    Here's an analogy for you:

    I own a shotgun. It's a tool that can be used for sport, or for killing. That doesn't make it illegal for me to own it. It becomes illegal when I perform a specific action with it.

    You can't bust someone on the "potential" to commit a crime.
    Last edited by PrezKennedy; 09-19-2008 at 02:48 PM.
    Matt Kennedy
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  16. #41
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    Quote Originally Posted by swamparoux View Post
    An honest blogger? I beg to differ.
    I beg to quote me right.

    But you know, you're right, there is such thing as the presumption of innocence. If you like, you may call him honest until proven guilty in a court of law.

    sash
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  17. #42
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    Quote Originally Posted by PrezKennedy View Post
    Actually, the "your" at the beginning of the first paragraph should be "you're". I think that's the one he meant.
    I see that now...

    It has been a rough day for me to make fun of people, thats for sure.
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  18. #43
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    swamparoux, I'm sorry, maybe I've missed that: have you actually written a game, or are you rather planning to write one -- and a thought of this possible game possibly getting decompiled worries you in advance?

    sash
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  19. #44
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    Quote Originally Posted by swamparoux View Post
    It's simple, be honest and you will not have to worry.
    Well, we all going to die, eventually. Even if every one of us is very, very honest.
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  20. #45
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    swamparoux. HostGator is not being reluctant at all. HostGator is simply following the letter of the law.

    If you disagree with the law, write your congressman. You're wasting your time debating this on an internet board where none of us controls what is or is not legal.

    Bailey
    Let's Connect on Twitter! @thatsmsgeek2u || Fighting mediocrity one thread at a time.
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  21. #46
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    Quote Originally Posted by Thales View Post
    Great. So am I to take it you are the internet police now?

    -fin
    Thales
    Nope, but I'm sure you'll come up with some more names. So far I've seen snitch, police, etc.

    Quote Originally Posted by Thales View Post
    Maybe someone should contact Virtuoso/LogicWeb to clue them in to the slanderous comments on your site, KnowNothing, so that they can have their attorneys shoot you a friendly eMail.

    -fin
    Thales
    Of all the people that have posted their comments and responses, for some reason, you must feel you're the perfection police. You have commented on my "grammar" and so forth. I guess you feel it's your duty to try and find imperfections in anyone that has an opinon other than your own.

    I will say, though, you picked a very poor subject to choose to pick apart. If you actually read the report I have on Virtuoso as well as numerous posts from others on this forum, you will find out that Virtuoso is not a very customer-friendly business. This includes Chad trying to escape the bad customer service rap by lying and saying that he has sold Virtuoso. The fact of the matter is that corporate filings prove that the company he allegedly sold Virtuoso to is the same company that he owns. Not only that, but Virtuoso and the company he allegedly sold Virtuoso to both have the same creation date according to their corporate filings. Coincidence, I think not.

    As for my grammar, go ahead. Pick it apart! I don't claim to be a perfectionist or any literature scholar. In regards to the attorneys, Chad had initially threatened to sick his attorneys on me. But then again if you research Chad on the Internet, he falsely threatens legal action against anyone that says anything against him.

    In reagrds to slander, technically, it would be considered libel (written defamation).

    Quote Originally Posted by GregVernon View Post
    So this is way offtopic, and shouldn't count toward any of my post counts, but this is classy.

    I went onto the page Thales was talking about, my favorite part:



    I'm not big on grammar, but when someone corrects someone *and they're wrong* I find it hilarious.

    Its YOUR valid emails, not YOU ARE valid emails!
    The correction I was referring to was the first "Your." In which case I was correct.
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  22. #47
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  23. #48
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    Quote Originally Posted by swamparoux View Post
    Nope, but I'm sure you'll come up with some more names. So far I've seen snitch, police, etc.


    Of all the people that have posted their comments and responses, for some reason, you must feel you're the perfection police. You have commented on my "grammar" and so forth. I guess you feel it's your duty to try and find imperfections in anyone that has an opinon other than your own.

    I will say, though, you picked a very poor subject to choose to pick apart. If you actually read the report I have on Virtuoso as well as numerous posts from others on this forum, you will find out that Virtuoso is not a very customer-friendly business. This includes Chad trying to escape the bad customer service rap by lying and saying that he has sold Virtuoso. The fact of the matter is that corporate filings prove that the company he allegedly sold Virtuoso to is the same company that he owns. Not only that, but Virtuoso and the company he allegedly sold Virtuoso to both have the same creation date according to their corporate filings. Coincidence, I think not.

    As for my grammar, go ahead. Pick it apart! I don't claim to be a perfectionist or any literature scholar. In regards to the attorneys, Chad had initially threatened to sick his attorneys on me. But then again if you research Chad on the Internet, he falsely threatens legal action against anyone that says anything against him.

    In reagrds to slander, technically, it would be considered libel (written defamation).



    The correction I was referring to was the first "Your." In which case I was correct.
    I guess you neglected to note GregVernon's response when he actually did attack your grammar. I simply noted that there were plenty of other glaring grammatical errors on your site so he shouldn't beat himself up.

    I don't consider myself to be the perfection police, or any other alliterated law enforcement officer. Additionally, I don't just poke at people who have differing opinions or are plain wrong, as is the case for you, I poke at things that are wrong.

    You came here expecting everyone to pool together the contents of their pockets so that you might pull off the MacGyaver-esque, selfless act of bringing down a website that bothers you. Upon discovering that we were all out of rubber bands and paperclips, and actually noted you had no direct right associated with the DMCA notice, you ignored everyone.

    You were wrong.

    I don't care about the litigious actions of "Chad", I merely enjoyed the idea of someone poking their nose into your business to play the part of John Rambo. Maybe forcing the hand of karma.

    Oh, and had I referred to what was on your website as slander I would have been incorrect. I used "slander" in its layman form not its legal form, so BA!

    -fin
    Thales
    Last edited by Thales; 09-19-2008 at 05:23 PM.
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  24. #49
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    OK. Post seen.

    Have a nice day.
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  25. #50
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    It's good to see Hostgator taking a stand against DMCA asshats.

    Well done Hostgator!
    Last edited by Dan541; 09-19-2008 at 10:40 PM.
    I could tell you a joke about UDP. But I'm not sure you would get it!
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