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06-14-2011, 01:12 PM #1Web Hosting Master
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Getting sued by 3M for hosting a copyright infringement website
Hello,
Today, we have got sued by 3M. Here is a summary of what happened:
1. Received a complaint from Pirkey Barber LLP on 6/10/2011 3:49 (HKT)
2. We forward the email to our customers on 6/11/2011 5:22 (HKT)
3. No repsonse and we blocked his IP on 6/12/2011 (no exact time recorded)
4. Customers moved the website to elsewhere
5. We reply the email confirming the customer is out on 6/13/2011 12:45 (HKT)
6. We received an email saying we got sued on 6/14/2011 22:19 (HKT). In the same emails, I see lots of other webhosting providers getting sued, like thePlanet, bluehost, pacnet and etc...
I am very worried. Does anyone here have similar experience before? We only have a few servers and customers from US.... I guess we take action in a reasonable time....
Thanks in advance
Pang
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06-14-2011, 01:25 PM #2Evenly Divided
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"We received an email saying we got sued..."
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06-14-2011, 01:29 PM #3Web Hosting Master
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06-14-2011, 01:48 PM #4Web Hosting Master
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Thanks. It is mid-night here. I will go to sleep.
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06-14-2011, 07:06 PM #5Disabled
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Yeah to be honest dont think you have anything to worry about. I am sure any legit Solicitors would send out a letter in the mail then maby follow up with an email or a phone call
But they must sent you a recorded delivery letter in the mail
thanks
craig
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06-14-2011, 07:40 PM #6Web Hosting Master
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And if they are not still on your server, there is no way you can be sued in the first place. I would tell them to go pound sand. YOU NEED TO MAKE IT VERY CLEAR TO THEM IN WRITING that you do not host that client, etc. Send it certified mail.
I stress that highly, because if you make them very aware that you no longer have anything to do with the client, did everything you in your power to remove the copyright infringing content, and they sue you anyway, you are going to be entitled to your legal fees, your time off work to appear in court, and quite possibly punitive damages, because they knowingly did the wrong thing legally.
I'm sure the SoftLayer and BlueHost attorneys will take these folks to the cleaners (we all know that web hosts can't be liable for the content their clients host, so long as they respond to the DCMA/Copyright infringement notices appropriately).
What these cats need to do is to be suing the client.
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06-14-2011, 08:23 PM #7Web Hosting Master
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Yep. You've been listed in a lawsuit:
http://dockets.justia.com/docket/vir...v00627/267377/
Copy of the claim:
http://docs.justia.com/cases/federal...0627/267377/1/
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06-14-2011, 08:50 PM #8Junior Guru
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Whoa, that's going to get a little messy. They sued the whole farm for copyright infringement. Datacenters, Hosts, sites, domain providers, everyone involved.
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06-15-2011, 01:34 AM #9Web Hosting Master
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06-15-2011, 02:48 AM #10Junior Guru
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06-15-2011, 04:39 AM #11Web Hosting Master
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First, speak to a solicitor. In terms of general advice (IANAL), as a hosting provider, in most jurisdictions you have protection from prosecution so long as you do not continue hosting the alleged infringing content after you have been made aware that it is illegal.
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06-15-2011, 05:46 PM #12Disabled
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That's a big list of products. I don't know how they can keep track of all of the cyber-squatters.
http://solutions.3m.com/wps/portal/3...ods/3M-Brands/
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06-15-2011, 06:16 PM #13Web Hosting Master
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06-16-2011, 06:14 AM #14Newbie
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06-16-2011, 02:08 PM #15Evenly Divided
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Whoa...
I guess my comment above is retracted. Time to lose some sleep. I wouldn't even respond back in this thread anymore. As others have said, the way you describe things sounds pretty decent in regards to a timeframe of warning and taking something offline. GO GET A LAWYER!
Best of luck.
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06-16-2011, 02:17 PM #16
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06-16-2011, 02:33 PM #17Web Hosting Guru
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Everyone is involved except for the guy doing the content that probably paid $10/month, now Pang have to seek for a lawyer for GOD knows how many money.
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06-16-2011, 02:35 PM #18Web Hosting Master
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Wow I am surprised a large company like that is going after that many people...
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06-16-2011, 03:12 PM #19Web Hosting Master
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If you guys read the filing, they allege that the hosting companies didn't respond...
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06-16-2011, 03:14 PM #20Web Hosting Master
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Looks like they filed suit the same day they sent the DMCA; this is not kosher. Regardless, seems like you will need a lawyer ...
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06-16-2011, 04:12 PM #21Web Hosting Master
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I hope you registered with your DMCA agent with copyright.gov. If you didn't, you have very little protection against DMCA safeharbor and are liable for damages if they try to seek them from you.
We recently went through something similar, the best advice I can tell you is not to respond and talk directly to an attorney.Last edited by Tyl3r; 06-16-2011 at 04:16 PM.
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06-16-2011, 04:15 PM #22Web Hosting Master
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You should try contacting some of the other companies (larger ones) in the suit and see what assistance there law department will provide. Some companies might just offer to settle and if you don't have deep pockets, not sure how you'll battle...
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06-16-2011, 04:18 PM #23Web Hosting Master
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Is there exist any law to protect hosting company ?
In this case, a guy, who has hosted a website is problem of all but why hosting company/domain registrar has to suffer ?
Today, hosting company/domain registrar have their automated billing systems. Nobody is having time to check where our servers are hosting copyrighted material or not.
Why 3M has not asked details of that website owner/client who is having copyrighted issue ?██ Website Hosting Mumbai | Web Hosting India
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06-16-2011, 04:20 PM #24Web Hosting Master
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This is why there's the DMCA Safe Harbor to protect hosting providers, however to be protected, you need to register and pay the fee.
Most people don't do this and get bit in the ass after the fact.
To register: http://www.copyright.gov/onlinesp/agent.pdf
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06-16-2011, 04:24 PM #25Newbie
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Fishy
You were notified and thus removed said content (removed customer).
IHMO you did your due diligence however now potentially on the hook for this clients container.
I look it like a rental car. They are renting space (the car) should they upload infringing content (crash the car) they are ultimately responsible.
If it were me I would tell them to eat it, it's been removed. But reality is they have lawyers you don't, yet.. Talk to one pronto..
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