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  1. #1

    Exclamation leaseweb.com ? Do they honor DMCA ?

    Hello,

    Has anyone DMCA http://www.leaseweb.com/en before regarding copyrighted material and leaseweb honors it?

    I have DMCA lease web 3 times, and till now they have not reply back to me yet. That happen 2 days ago.'

    I see our site design was ripped and being shared on a pirated site that leaseweb hosts and till today leaseweb have not taken down the url nor have they replied back to my email.

  2. #2
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    Interesting. I need web hosting there.... ( Joking =| )

  3. #3
    Quote Originally Posted by Inotawa View Post
    I have DMCA lease web 3 times, and till now they have not reply back to me yet. That happen 2 days ago.'
    How did you submit your DCMA request? If all else fails, mail a certified letter or have your lawyer contact them.
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  4. #4
    The problem is why would we go with all this trouble and lawyer but it seems that is what i need to do, our design has been ripped and shared for 2 days now and the link has over 200 views.

    They have this contact information on their page for abuse but they did not reply back to me yet. http://www.leaseweb.com/en/contact

    Email abuse@leaseweb.com


    It is been almost 2 days now.

  5. #5
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    They most likely do look into these requests, but they do not have to comply to this code of conduct as it is an US-based regulation, not a dutch one. There is something like a notice-and-take-down code of conduct in the Netherlands; but i am not sure if leaseweb is using it, as there is no published list of those who work by it.

    I assume you contacted the abuse department with all proof you are the owner of the content and what you expect them to do about it (within reason).
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  6. #6
    Quote Originally Posted by Inotawa View Post
    They have this contact information on their page for abuse but they did not reply back to me yet.
    Just because they have an abuse email does not guarantee you will receive a response. Many providers do not actually respond to abuse complaints.

    LeaseWeb mailing address.

    P.O. Box 93054
    1090 BB Amsterdam
    The Netherlands

    Of course DCMA is a united states law and as you can see LeaseWeb is in the Netherlands and DCMA does not apply there.
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  7. #7
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    Quote Originally Posted by Inotawa View Post
    The problem is why would we go with all this trouble and lawyer but it seems that is what i need to do, our design has been ripped and shared for 2 days now and the link has over 200 views.

    They have this contact information on their page for abuse but they did not reply back to me yet. http://www.leaseweb.com/en/contact

    Email abuse@leaseweb.com


    It is been almost 2 days now.
    Also they may not check this in the weekends; make sure you are aware of the time difference; and they do not need to reply to your mail at all; they could just take action on it; a normal procedure for a hosting provider is to contact the customer and give them anywhere between 24 to 48hours to remove the content; only after this they have to take action.

    Remember the hosting provider is not a judge they have to be sure the content is yours (and being able to verify that) before they close of a customers website/server.

  8. #8
    Hello,

    It is not a content, it is my whole site design that is being shared in a link for other people to use. The design have our logo and our site name and that is shown clearly in the url that shares all this. There is no more clear prove then this.

    Till now, the url still excist on this pirated site and is hosted on the site's server as an attachment file.

  9. #9
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    Quote Originally Posted by Inotawa View Post
    Hello,

    It is not a content, it is my whole site design that is being shared in a link for other people to use. The design have our logo and our site name and that is shown clearly in the url that shares all this. There is no more clear prove then this.

    Till now, the url still excist on this pirated site and is hosted on the site's server as an attachment file.
    I can't say for sure that they reply/act to all DMCA requests, but their have been a few I've seen here on the forums that they've responded too. Mainly after constant talking between client and host.

    So...good luck.
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  10. #10
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    Quote Originally Posted by Inotawa View Post
    Hello,

    Has anyone DMCA http://www.leaseweb.com/en before regarding copyrighted material and leaseweb honors it?

    I have DMCA lease web 3 times, and till now they have not reply back to me yet. That happen 2 days ago.'

    I see our site design was ripped and being shared on a pirated site that leaseweb hosts and till today leaseweb have not taken down the url nor have they replied back to my email.
    Are the copyrighted material hosted on the leaseweb server or are they linked to (rapidshare, megaupload). If it is just a link leaseweb will not take any action.

  11. #11
    Our copyrighted material is being shared and hosted on leaseweb server because it is on the site forum's as an attachment. I will wait till Monday and see however this is causing damage to us already.

  12. #12
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    Well most ISP's will do nothing with a DMCA notice, they will wait until a police search warrant is issued or similar notice from the courts.

    The tides are changing however, isp's have been taken to court and the plaintiffs awarded massive damages in cases where they didn't enforce their tos properly. It really depends upon who you are and how much money you have, as to how much notice, other than courts getting involved, they will take.

    The chances of getting a site pulled down with an email to a provider from yourself are slim to none.

  13. #13
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    Quote Originally Posted by StevenG View Post
    Well most ISP's will do nothing with a DMCA notice, they will wait until a police search warrant is issued or similar notice from the courts.

    The chances of getting a site pulled down with an email to a provider from yourself are slim to none.
    I have to disagree with that. Most web hosts that I have dealt with will forward the DMCA notice to the customer and ask them to take action and resolve it. If the customer does not, they will usually cut off their service until it is.

    Copyright laws do exist in the Netherlands, so DMCA or not, I do think they have to respond to copyright infringement notices.

  14. #14
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    Well of course you can disagree. Thats your perogative. I work for an ISP in NZ, and that's what happens here. No search warrant, no action. Who are we to say that one of our subscribers actually downloaded copyright content? If it's confirmed, then of course you take action, but confirmation doesn't come in the form of an email to abuse.

    I wasn't talking about hosters in the USA, I was referring to the rest of the world really. You only have to look around and you can see people don't take any notice of the DMCA notices, outside USA.

  15. #15
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    Quote Originally Posted by StevenG View Post
    Well of course you can disagree. Thats your perogative. I work for an ISP in NZ, and that's what happens here. No search warrant, no action. Who are we to say that one of our subscribers actually downloaded copyright content? If it's confirmed, then of course you take action, but confirmation doesn't come in the form of an email to abuse.
    I see your point, but I believe hosting and downloading are two completely different things. If your actively providing illegal content on your Internet connection, then its quite obvious that you are infringing whereas you are correct in pointing out that it is indeed more difficult to prove someone downloaded copyrighted content illegally.

  16. #16
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    It's common sense really, but you have to cover yourself both ways.

    Spamming and phishing are stamped on, as it's nearly always obvious when that occurs.

    Copyrights can be tricky, as how do you know who is infringing? Courts usually have to decide that.

    Any DMCA notices that come in for people hosting in our datacenter, get forwarded on to the person concerned. They are most likely a shared hosting provider. It's up to them to deal with the complaint. We'd only ever get involved, if there was a legal notice, compelling us that we have to. (search warrants, customs notices and IRD notices are all things to take action on).

    All good discussion for a Sunday afternoon

  17. #17
    Quote Originally Posted by StevenG View Post
    It's common sense really, but you have to cover yourself both ways.

    Spamming and phishing are stamped on, as it's nearly always obvious when that occurs.

    Copyrights can be tricky, as how do you know who is infringing? Courts usually have to decide that.

    Any DMCA notices that come in for people hosting in our datacenter, get forwarded on to the person concerned. They are most likely a shared hosting provider. It's up to them to deal with the complaint. We'd only ever get involved, if there was a legal notice, compelling us that we have to. (search warrants, customs notices and IRD notices are all things to take action on).

    All good discussion for a Sunday afternoon
    That doesn't make sense under the law, DMCA were made to prevent all those different kind of lawsuit. However if a company just waits till they get a complain from legal notice, then things would get more complicated and the company could be held liable for the damage they caused since they ignored certain DMCA. I don't think any company would want to deal with such thing.

    Best way is to solve the dmca and move on.
    Last edited by Inotawa; 09-13-2009 at 10:43 AM.

  18. #18
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    I don't see why they should give you a response - DMCA is not part of the law there, doesn't exactly apply, and they have no legal need to reply to one.

  19. #19
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    That doesn't make sense under the law, DMCA were made to prevent all those different kind of lawsuit. However if a company just waits till they get a complain from legal notice, then things would get more complicated and the company could be held liable for the damage they caused since they ignored certain DMCA.
    Only in the USA...

    Again, how does an ISP know when content is being used illegally, who is to say who owns the copyright and who is to say the copyright is being breached.

    Just because you send an email to abuse, doesn't mean a whole lot. Legal process holds more weight.

    You'd be suprised, in other countries in the world, lawsuits are not as common place like they are in the USA.

  20. #20
    In the USA, a DMCA complaint must provide proof of copyright ownership, otherwise it's not valid. That's why they made DMCA to begin with, so that no more proof was necessary and thus would not go to court.
    Which is why it sucks that it doesn't hold in other countries. A valid DMCA with valid proof should be sufficient enough for any provider to take down the offenders.

  21. #21
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    So which do you prefer, in the case that you are a shared hosting provider and one of your sites is allegedly hosting copyright content.

    1. ISP receives DMCA notice. ISP null routes or disconnects your box.
    2. ISP forwards DMCA notice to you.

  22. #22
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    Quote Originally Posted by StevenG View Post
    So which do you prefer, in the case that you are a shared hosting provider and one of your sites is allegedly hosting copyright content.

    1. ISP receives DMCA notice. ISP null routes or disconnects your box.
    2. ISP forwards DMCA notice to you.
    2. ISP forwards DMCA notice to you.

  23. #23
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    Quote Originally Posted by hotpass105 View Post
    2. ISP forwards DMCA notice to you.
    Which has no doubt been done, it is after all still the weekend.

    I'm glad to see there are ISPs that don't fly off the handle and start pulling Ethernet cables from machines because an email had "DMCA" in the subject line.

  24. #24
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    Quote Originally Posted by coax View Post
    In the USA, a DMCA complaint must provide proof of copyright ownership, otherwise it's not valid. That's why they made DMCA to begin with, so that no more proof was necessary and thus would not go to court.
    Which is why it sucks that it doesn't hold in other countries. A valid DMCA with valid proof should be sufficient enough for any provider to take down the offenders.
    That is only in the USA. So in the Netherlands, a provider can simply wait for the court to make a judgment. Proof given or not, does not matter.

    Most of the time, the host has a contract with its client stating that the client takes all liability incase of a lawsuit. So they are well covered indeed.

    Its still the weekend, give them time until Tuesday (48 working hrs) before you go to your lawyer.

  25. #25
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    short answer is "no" - try to trace your favorite warez/serialz/etc site and you'll probably see it ending up in a Leaseweb controlled DC. And if it is not Leasweb it is most likely to be another Dutch based DC.


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