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Sending DMCA complaint to a European Provider

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  #1  
Old
Aspiring Evangelist
 
Join Date: May 2007
Posts: 438

Sending DMCA complaint to a European Provider


For nearly a week now, I've been sending DMCA's to both Leaseweb and their customer.

Their customer simply ignores me (no surprise), but seeing that Leaseweb is a fairly reputable host, I would expect that they take copyright infringement more seriously than they do.


Response from Leaseweb:
Quote:
Dear sir/madam,
In response to your complaint I inform you.

Thanks for contacting LeaseWeb. LeaseWeb has a policy banning illegal
distribution of copyrighted material.
In order to process copyright infringement claims, please ensure you
claim adheres to the Dutch Notice and Takedown Code of Conduct. This
means you have to first contact the infringing website, only if they do
not reply or their reply is unsatisfactory you can escalate to the
hosting provider. Please include a copy of your communication(s) with
the website when you file your claim again.
Failure to adhere to the Dutch Notice and Takedown Code of Conduct will
mean that we will request you to first contact the infringing website.
This will result in a considerable delay in processing your complaint.
As you have not indicated or proved you have tried to contact the
website please follow the procedure as described above, please allow 5
working days for a response from the website. If you have not received a
response after 5 days you can contact us again. Please provide proof you
contacted or tried to contact the website so we can process your claim
expeditiously.

If you have already done all the above, then please respond to this
message, so your ticket will open again, and you claim can be progressed.

Kind regards,

Lesley Koomen
Leaseweb - Security
Of course, I respond to the message explaining I've already went down that road.
I never hear back from Leaseweb.

I re-filed the DMCA with a CC to Leaseweb and their customer - Leaseweb responds with the same exact message!

I am aware DMCA is a US law & overseas hosts are not required to comply.
However, hosts in China, Russia and Brazil have took action almost instantaneously; China and Russia aren't exactly known for complying with copyright issues.

My next route is to file DMCA's with Google, Bing etc on the offending URLs. I imagine doing so could potentially taint Leaseweb's IP pool. Sucks for their legit customers..



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  #2  
Old
Newbie
 
Join Date: Dec 2011
Posts: 27
Hi, generally a letter from a lawyer is more effective. Did you tried that?

  #3  
Old
MACBOOKS EVERYWHEREEEEEEEEEEEE
 
Join Date: Mar 2009
Posts: 3,803
Quote:
My next route is to file DMCA's with Google, Bing etc on the offending URLs. I imagine doing so could potentially taint Leaseweb's IP pool. Sucks for their legit customers..
No, it does not "taint their IP pool" or touch their IP pool.

This is your problem: you are trying to send non-valid crap. You don't need a lawyer.

Read up on how to send a proper takedown according to Dutch law and they will remove it very promptly. I've gotten content removed from LW in less than 12 hours very fast without issues, they are very compliant with local laws and very cooperative.

(hurr usa internet police)

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  #4  
Old
Aspiring Evangelist
 
Join Date: May 2007
Posts: 438
Quote:
Originally Posted by quantumphysics View Post
No, it does not "taint their IP pool" or touch their IP pool.

This is your problem: you are trying to send non-valid crap. You don't need a lawyer.

Read up on how to send a proper takedown according to Dutch law and they will remove it very promptly. I've gotten content removed from LW in less than 12 hours very fast without issues, they are very compliant with local laws and very cooperative.
I agree; a lawyer is not needed. The vast majority of DMCA's I've filed have been taken down, irregardless of location. Leaseweb is the only host that has argued with me about taking the files down.

Instead of telling me I'm doing it wrong (if I were, other hosts wouldn't have complied), how about offering a worthy explanation to how I do "valid crap", instead.

  #5  
Old
Web Hosting Guru
 
Join Date: Apr 2009
Posts: 281
DMCA is a US law. Leaseweb is a Dutch company.

Why would you expect a US law to have jurisdiction over a Dutch company? It makes no sense.

The reply from Leaseweb clearly stated as much:

"please ensure you claim adheres to the DUTCH Notice and Takedown Code of Conduct"

  #6  
Old
Aspiring Evangelist
 
Join Date: May 2007
Posts: 438
Quote:
Originally Posted by continuation View Post
DMCA is a US law. Leaseweb is a Dutch company.

Why would you expect a US law to have jurisdiction over a Dutch company? It makes no sense.

The reply from Leaseweb clearly stated as much:

"please ensure you claim adheres to the DUTCH Notice and Takedown Code of Conduct"
Did you read my post?
Hosts from CHINA and RUSSIA have complied to my DMCA requests. They didn't have to, but based on the proof offered in my DMCA they were able to determine the content in question was pirated, and removed it. I fail to see why anything different should be expected of Leaseweb.

Quote:
"please ensure you claim adheres to the DUTCH Notice and Takedown Code of Conduct"
I am not from Holland, they did not supply any information regarding this, nor did they respond to any of my (many) queries regarding these files with instructions how I comply with "Dutch Takedown Code of Conduct".

  #7  
Old
Web Hosting Guru
 
Join Date: Apr 2009
Posts: 281
Quote:
Originally Posted by gpl24 View Post
Did you read my post?
Hosts from CHINA and RUSSIA have complied to my DMCA requests. They didn't have to, but based on the proof offered in my DMCA they were able to determine the content in question was pirated, and removed it. I fail to see why anything different should be expected of Leaseweb.
Yes I read your post and it was nonsense.

What does Leaseweb have ANYTHING to do with hosts from China and Russia?

Are you telling me just because some Chinese and Russian hosts did something Leaseweb must do it too??

If you "fail" to understand the simple fact that Leaseweb is a totally different entity from those "hosts from China and Russia" then nothing can help you.

Quote:
I am not from Holland, they did not supply any information regarding this, nor did they respond to any of my (many) queries regarding these files with instructions how I comply with "Dutch Takedown Code of Conduct".
If you want a Dutch company to take down files based on Dutch laws, it's your responsibility to learn about Dutch laws. Just like if someone from the Netherlands wants a US host to take down some files, it'd be his responsibility to learn about DMCA. Simple as that.

  #8  
Old
Cultivated in California
 
Join Date: Aug 2008
Location: San Francisco
Posts: 2,410
They take their time.. they usually comply eventually though. Ecatel is far worst.

  #9  
Old
Aspiring Evangelist
 
Join Date: May 2007
Posts: 438
Quote:
Are you telling me just because some Chinese and Russian hosts do something Leaseweb must do it too??
Uhhh, yeah?
If a host from a known piracy safe-haven country can see the files are pirated and takes them down without issue, why can't Leaseweb?

Quote:
If you "fail" to understand the simple fact that Leaseweb is a totally different entity from those "hosts from China and Russia" then nothing can help you.
What is your point with this?

Quote:
If you want a Dutch company to take down files based on Dutch laws, it's your responsibility to learn about Dutch laws. Just like if someone from the Netherlands wants a US host to take down some files, it'd be his responsibility to learn about DMCA. Simple as that.
Understood. But as Leaseweb is stating they have per-requisites for file removal, it is also their responsibility to explain what documentation they require, rather than ignoring me.

  #10  
Old
Web Hosting Guru
 
Join Date: Apr 2009
Posts: 281
Quote:
Originally Posted by gpl24 View Post
Uhhh, yeah?
If a host from a known piracy safe-haven country can see the files are pirated and takes them down without issue, why can't Leaseweb?
Why should Leaseweb? They made it very clear to you what law you need to follow ("the Dutch Notice and Takedown Code of Conduct").

It's up to you whether you want to follow the proper law or not.


Quote:
What is your point with this?
My point is that what some hosts in China and Russia did or did not do has nothing to do with a DUTCH company and the DUTCH laws.

  #11  
Old
Closed Account
 
Join Date: Sep 2003
Location: Amsterdam, NL
Posts: 642
Quote:
Originally Posted by gpl24 View Post
Understood. But as Leaseweb is stating they have per-requisites for file removal, it is also their responsibility to explain what documentation they require, rather than ignoring me.
Sir,

LeaseWeb has over 40,000 servers running as we speak, it's very difficult for us to hold each complainants hand and guide him step by step into filing a complaint according to the law.

It would have taken you less time to just google it: http://lsw.to/ydh
The information is clearly available online and it shouldn't be too difficult to follow it.

We're very eager to help fight online crime but we need you to help us adhere to the law.

Thanks for your cooperation.

  #12  
Old
Aspiring Evangelist
 
Join Date: May 2007
Posts: 438
Quote:
Why should Leaseweb? They made it very clear to you what law you need to follow ("the Dutch Notice and Takedown Code of Conduct").
Because it's pirated content. Hundreds of other hosts have accepted identical DMCA's as proof of infringement. Leaseweb is not explicitly stating what documents they require, else I would have offered them.

Quote:
it's very difficult for us to hold each complainants hand and guide him step by step into filing a complaint according to the law.
But it would not be difficult to supply an outline of what's required, rather than simply stating "Dutch Notice and Takedown Code of Conduct"
Would supplying a link in the auto-generated message have been any more difficult than me Googling it?

Anyway,
First result: http://www.ecp.nl/sites/default/file...e_Engels_0.pdf
I am not a lawyer, this legal jargon is not helpful. A simple outline would be expeditious, such as is offered for DMCA all over the web.

This link: http://www.layar.com/legal/takedown-notice/
appears to offer something that is more understandable.

Quote:
3. How can you report unlawful content and what criteria should your report meet?

Layar can only assess your report if it relates to specific alleged unlawful information published by a Publisher on the Layar websites and/or within the Reality Browser and if the report meets the requirements set forth by this code.
Before you produce a report, you must address the Publisher directly.
Already done. Sent copies to Leaseweb; never heard back.



Quote:
A report can only be issued, once we establish it is likely that the Publisher and you will be unable to reach an agreement on the removal or modification of the unlawful content.
You can send your report by email to: abuse@layar.com.
Did that, by emailing Leaseweb in the first place.


Quote:

You are responsible for ensuring that your report is unambiguous, correct, complete and well substantiated.
Layar must be able to verify that reports as part of an investigation regarding a criminal offence have originated from an Inspection or Investigation Service, or – in the case of a formal legal order – from the Public Prosecutor’s Office.
Your Report should at least contain the following information:
  1. Your contact details;
  2. A description of the unlawful content and a statement of the reasons why the Third Party Content is unlawful, illegal or otherwise harmful, in your opinion;
  3. The information that Layar needs to be able to find and evaluate the Third Party Content, at least including the location (URL);
  4. A statement of the reason why Layar is being approached as the most appropriate intermediary to deal with the matter;
Already included in the DMCA.[/quote]
Quote:

  1. Proof of failed attempts undertaken by you to contact the Publisher and result of these attempts, e.g. emails;
As previously stated, sent copies of the original DMCAs that were initiated to their customer previously.[/quote]


Quote:

  1. An explicit indemnification from you for the benefit of Layar, its contractors, its licensors and their respective directors, officers, employees and agents against any claims from the Publisher or other third parties as a result of measures taken by or on behalf of Layar in the context of dealing with the report;
Is this law or pertaining to the site copied from? I don't see why I'd want to sue Leaseweb if they remove the material...


Quote:

  1. If the report regards an alleged infringement of an intellectual property right, like a copyright or trademark, you will have to prove that you are the rightful owner or holder of these rights or that you are entitled to act on behalf of the aforementioned party. In the event of the latter, you will have to provide the identity and contact details of the owner or holder of these rights;
  2. Any other information necessary to assess the report.
Already provided in the original DMCA.

  #13  
Old
Security Ninja
 
Join Date: Mar 2003
Location: Canada
Posts: 8,780
Why are you sending DMCA requests to someone outside of the USA? When we get them for CANADIAN servers, they go right the F in the garbage where they belong. Never mind being across the ocean, I would die from laughter if someone sent me a DMCA for an IP / server in Europe.

... and SHAME on any provider outside of the USA that responds to DMCA requests. I'm not for piracy or copyright infringement, but the DMCA is a BS American piece of garbage that should not be enforced when possible - and not being in the USA is a great excuse to not enforce it.

  #14  
Old
Aspiring Evangelist
 
Join Date: May 2007
Posts: 438
So it's ok that people host pirated material and offer it for free for others to download?
Makes sense. Hope nobody ever rips off anything you've released and has the same attitude when you request it be taken down.

For the record, every Canadian host I've contacted with the DMCA has complied & removed the offending content.

Quote:
I'm not for piracy or copyright infringement
Everything about your post says otherwise.

  #15  
Old
Cultivated in California
 
Join Date: Aug 2008
Location: San Francisco
Posts: 2,410
Patrick will learn the hard way eventually.

Like you gpl24, we deal with Piracy everyday. I understand your frustration.

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