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09-12-2009, 02:33 PM #1Newbie
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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.
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09-12-2009, 02:44 PM #2Web Hosting Evangelist
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Interesting. I need web hosting there.... ( Joking =| )
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09-12-2009, 02:46 PM #3Web Hosting Evangelist
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09-12-2009, 02:51 PM #4Newbie
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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.
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09-12-2009, 02:55 PM #5Web Hosting Master
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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).» cPanel Servers in Europe: Strasbourg (FR), Haarlem & Amsterdam (NL) & Kent (UK), USA (Los Angeles, St.Louis), Asia (Singapore) | Follow us at Twitter: @040hosting
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09-12-2009, 02:56 PM #6Web Hosting Evangelist
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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.ZZ Servers - Business Hosting, HIPAA and PCI Compliant Hosting Solutions - http://www.zzservers.com
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09-12-2009, 03:01 PM #7Web Hosting Master
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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.
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09-12-2009, 03:05 PM #8Newbie
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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.
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09-12-2009, 03:44 PM #9Junior Guru Wannabe
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09-12-2009, 06:26 PM #10Web Hosting Master
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09-12-2009, 07:56 PM #11Newbie
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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.
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09-12-2009, 08:06 PM #12Web Hosting Master
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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.
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09-12-2009, 09:32 PM #13Web Hosting Master
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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.
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09-12-2009, 09:42 PM #14Web Hosting Master
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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.
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09-12-2009, 09:45 PM #15Web Hosting Master
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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.
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09-12-2009, 09:57 PM #16Web Hosting Master
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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
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09-13-2009, 10:39 AM #17Newbie
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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. 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.
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09-13-2009, 01:27 PM #18Web Hosting Master
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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.
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09-13-2009, 05:18 PM #19Web Hosting Master
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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.
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.
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09-13-2009, 05:59 PM #20renegade
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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.
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09-13-2009, 06:23 PM #21Web Hosting Master
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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.
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09-13-2009, 06:30 PM #22Web Hosting Evangelist
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09-13-2009, 06:32 PM #23Web Hosting Master
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09-13-2009, 06:50 PM #24Web Hosting Master
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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.
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09-14-2009, 06:04 AM #25Web Hosting Master
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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.
D
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