What is more sad is that after I emailed a take-down notice to Softlayer they replied the following
Please review our DMCA procedures which follow the OCILLA. Also note,
the sworn statements and all other information listed on our DMCA page
are not only required but mandatory for any DMCA report. This will
you to specifically identify the intellectual property that you own
is being infringed upon, which is required by law.
There are many verified third party DMCA/COPYRIGHT agencies who act on
behalf of the intellectual property holders who can verify and submit
these claims on behalf of the intellectual property owners. This will
insure that legally, the intellectual property owner and the ISP is
protected in the event of an account termination.
it clearly states "Section 512(c) applies to OSPs that store infringing material. In addition to the two general requirements that OSPs comply with standard technical measures and remove repeat infringers, § 512(c) also requires that the OSP: 1) not receive a financial benefit directly attributable to the infringing activity,2) not be aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent, and 3) upon receiving notice from copyright owners or their agents, act expeditiously to remove the purported infringing material."
By this thief stealing our site design and layout and advertising their services directly are they not in clear violation of "not receive a financial benefit directly attributable to the infringing activity" or violating every bolded portions of that excerpts?
#1 They are financially gaining by their thief client selling their services.
#2 They are aware as I have corresponded via email and they replied.
#3 They are not act expeditiously to remove the purported infringing material. They are asking me to jump through hoops to get it removed.
My opinion of this company has totally changed.
Also isn't 3TB one of their resellers as well , so they would directly and indirectly have a monetary gain by not removing the content?
Last edited by ceridius; 10-04-2009 at 12:43 AM.
Reason: Venting further.
hivelocity, did you actually send a DMCA in the correct format?
I guess you have to link to all the individual files and then fill in the rest of the fields.
They will have to take it down then.
I tried to be nice about it by sending them an email , which they refused to accept , so beyond that my attorney will be sending anything further to them. Based upon some of the things I mentioned previously I don't believe they are covered under the safe harbor portion because they are receiving financial gain by the offending content, and after they were made aware of it , they chose to do nothing.
Understand that DMCAs have to be served per as the law requires for reasons beyond what you or I know. Softlayer is probably one of the most reputable datacenters in the US, if not the world and I would only imagine their legal department follows the law to the T as they should. I can uderstand your frusteration of your website being copied and agree it should be removed in the proper way.
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