Web Hosting Talk : Web Hosting Main Forums : Dedicated Server : DMCA with TP = ouch....

[JRSEOMarketing]

Welp i've said it once, and i've said it many times now.. the DMCA Policy with ThePlanet is horrible.

We got a pretty threatening letter this morning along with ThePlanet's DMCA Policy, which was absolute non-sense to begin with. I know from past experiences, that TP is extremly proactive about terminating servers and just really being a pain about it. So instead of majorly checking into this and risking the entire server, we killed the account.

We moved the backup to another server, created the account, and investigated what they were talking about. The person who filed the DMCA complaint said this person was hosting copyrighted information, and demanded that TP shut the website down.

Come to find out, the account had absolutely no copyrighted information on the account. It was a forum discussing a few songs that a recording artist released under the companys name. The forum wasn't even dedicated to this group, it was a very little thread inside the forum. I checked the forum... no one posted any copyrighted information, nor never even mentioned any reference to downloading these songs.

Makes ya wonder... if this is the case.. TP will be terminating every single "fan" website on they host on server within the data center. I know that is a little harsh.. but its amazing... I know ThePlanet's DMCA Policy is pretty bad.. but geez.. makes me shake my head again.

[sirius]

You're acting like they turned off your server. Give us a break... they sent you a DMCA notice because they received notice you had a customer who had copyrighten content on their site. You ever give thought to how many of those they likely receive in a day? I know I've received notices from them... I've dealt with the issue and replied to the ticket and walah, issue solved.

Maybe time to find a new provider?

Sirius

[eddy2099]

They just forwarded the DMCA complain to you so that if it was true, you could take the necessary steps to correct the issue or respond to them to defend your case. Basically, they provided you with an avenue to take corrective actions if needed. It is not like they shut down your server without any cause.

The contents in your server is your responsibility and I am sure that they respect your privacy and do not want to pry into the contents of your servers unless you or the courts give them the authority to do so.

[Mooecow]

They ussualy give you 48 hours to correct the situation. A simple reply to the ticket and its all solved.

[alpha]

Originally posted by RealtorHost
We got a pretty threatening letter this morning along with ThePlanet's DMCA Policy...

Unless RealtorHost's statement there was exagerrated, it sounds more like TP's notification was more along the lines of "shut this site down or we'll shut down the server".

So TP either believe it was unquestionable or RealtorHost misunderstood the notification.

[sirius]

Originally posted by alpha
Unless RealtorHost's statement there was exagerrated, it sounds more like TP's notification was more along the lines of "shut this site down or we'll shut down the server".

So TP either believe it was unquestionable or RealtorHost misunderstood the notification.

The last one I got was pretty stern and rightfully so. It's important that they make clear the seriousness of an issue.

Sirius

[JRSEOMarketing]

sirius you know i'm a big TP fan, i'm not leaving anytime soon

I've had, a good enough amount, DMCA notices and everytime they gave the tone "close the site, or we may terminate your server". I've seen a bunch of people say TP pulled the server, because they didn't act quick enough. I'd rather act *NOW* then investigate. I just found it odd they sent me a DMCA, when it wasn't warranted whatsoever.

Acting like they turned off the server... you didn't see me cussing and swearing and getting banned from WHT did you? haha.. I was just posting that, in some cases, they sure sound out a lot of DMCA notices that are full of it.... but its not a big deal.. i'm not crying to mommy about it... yet LOL

[keliix06]

TP isn't going to investigate the problem. That's your job. Then you get the option to say "This isn't a violation and here's why..." or "The infringing content is gone".

[JRSEOMarketing]

We are currently reviewing the Claimant’s notice to determine if it constitutes valid notice under federal copyright law. Should we determine that the notice is valid, we will be required by federal law to act expeditiously in removing or disabling access to the Infringing Materials. We therefore strongly recommend that you immediately remove the Infringing Materials.

Sounds to me, as they "investigate" (review) the claim to me... from my experience.. they don't log into your server and terminate the acccount.. they terminate the server. Has happend many many times now... but like I said.. wasn't a big deal as it was taken care of.... but nonetheless their DMCA Policy could cause problems..

oh BTW after replying to the ticket no later than 3 minutes, and 6 replies since then.. i've received absolutely no reply whatsoever. I also called their support department.. no one knows anything about it.. even when I gave them the ticket number.