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  1. #1

    * DMCA Notice Problem with Softlayer

    I have sent a DMCA notice to softlayer because I saw warez forum thats abusing USA laws and they are giving away lots of hacked rapidshare accounts to its users. So I have made my complaint but I didnt said what infringed my copyrights. And softlayer can see the warez site and decide them selves.
    So this what I got in reply after 2 weeks-

    Hello,

    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 allow you to specifically identify the intellectual property that you own and 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.



    Softlayer DMCA information http://www.softlayer.com/dmca.html

    http://en.wikipedia.org/wiki/OCILLA see section 2 - 2.1 takedown example



    http://www.copyright.gov/title17/92chap5.html see section 512 - 3 Elements of notification
    And they didnt took any actions against that site and what I see is that warez site is operating till now on softlayer servers. Looks like softlayer didnt warned the site admins too. 1 month passed after my complaint and its still operating.

    So my advice is if you want to host warez site go for softlayer.

  2. #2
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    Have you pushed them to do something about it, Or, Have you just sent 1 complaint?
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  3. #3
    I have sent full DMCA complaint!

  4. #4
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    This title strucks me and i'm sure a SoftLayer staff will reply to this thread and explain the procedures of SoftLayer abuse report.

  5. #5
    Quote Originally Posted by Kishan View Post
    This title strucks me and i'm sure a SoftLayer staff will reply to this thread and explain the procedures of SoftLayer abuse report.
    Yes but I think softlayer is trying to protect its customers but its not the law!

  6. #6
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    Yes but I think softlayer is trying to protect its customers but its not the law!
    I am not sure Softlayer would protect it's customers by allowing them to post content that is illegal in their country, I am sure that it will be pulled down, Have you tried contacting them via other methods if your complaint has not been attended too?
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  7. #7
    Quote Originally Posted by ATH-Sean View Post
    I am not sure Softlayer would protect it's customers by allowing them to post content that is illegal in their country, I am sure that it will be pulled down, Have you tried contacting them via other methods if your complaint has not been attended too?
    After 7 days of sending the email I have contacted them I chat but they said its sales support only chat but they dont allow warez to be hosted and they are full and I should wait for their security teams reply. After 1 day I got that reply.

  8. #8
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    Quote Originally Posted by Ruchirablog View Post
    Yes but I think softlayer is trying to protect its customers but its not the law!
    Of course they will try to protect their customers, and that's what they have to do, that's why they told you which procedure to follow, you don't tell them how they have to do it, you must follow they requirements.
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  9. #9
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    Wait, so you didn't follow the proper DMCA procedure and are complaining a host doesn't comply?

  10. #10
    Forget the DMCA complain.
    Why does softlayer doesnt take action when they can clearly see there is warez forum with hacked rapidshare accounts? Why dont they take any actions?

  11. #11
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    Because they have to be told to take action?
    They can't just browse the thousands of sites hosted with them, nor can they take action without being informed

  12. #12
    Quote Originally Posted by Bvs[NL] View Post
    Because they have to be told to take action?
    They can't just browse the thousands of sites hosted with them, nor can they take action without being informed
    Please read the thread.
    I have informed about the site through DMCA complain. So they saw a look at the site! And the problem is they didnt took any actions!

  13. #13
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    Please read their reply, they need you to follow the proper procedure for filing a DMCA request, then I'm pretty sure they will take swift action.

  14. #14
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    I've been with SoftLayer for over a year and a half and every DMCA that has ever been submitted about a site we host has been immediately forwarded to us and expected to be handled within 24 hours.

    It sounds to me as though your DMCA isn't meeting their requirements (but it's hard to know without seeing your DMCA request).
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  15. #15
    Infringement of Copyrights - http://**************** hosted at ip -**************

    There is a warez forum ( http://************) (************) hosted with your company and there are some threads on there which Infringe some of my own content and lots of hacked rapidshare accounts there.
    Accordingly, any display or use that you make of that forum or any other variations of the trademarks in connection with your webhost infringes the all Companies rights in the all trade marks and constitutes, among other things, service mark infringement, passing off and dilution in violation of the Lanham Act and other applicable federal, state and common law. I also believe that these practices, to the extent that they infringe the trade marks and otherwise violate federal law, may place you in violation of your agreements with your web-hosting and/or internet service providers, which thereby would result in still further liability imposed on you.

    I hereby demand that you immediately cease and desist any and all use of copyrighted trade marks and any other service marks, trademarks or names confusingly similar to the trade mark in connection with your webhost. In addition, I hereby demand that you immediately take action and remove copyrighted content from your webhost.

    I look forward to your written confirmation soon! that you will resolve this matter as requested. Your prompt attention and response to this matter will prevent the need for further action. If you take all steps necessary to remove the all copyrighted content and cease and desist immediately from any further illegal use of the trade marks or other names and settle this matter now, you may save yourself damages from the date of this notice. We do not withdraw or waive any of the damages, rights or remedies which may be available by reason of your conduct to date, and all such rights and remedies are expressly reserved.
    Sincerely,
    ************

  16. #16
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    If that is all you submitted that's definitely not a complete or properly formed DMCA notice. While it does have most of the information - granted.

    Did you visit the information they linked you to and follow the directions?
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  17. #17
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    it looks like you said "there are some threads on there" with some of your content.
    so they have to guess what your content is, then try to find it?
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  18. #18
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    I have edited your title to be a bit more constructive.

    Quote Originally Posted by Bvs[NL] View Post
    Wait, so you didn't follow the proper DMCA procedure and are complaining a host doesn't comply?
    I have to agree here. Softlayer can't simply take down sites because it sees warez hosted there. That could open them up to a lot of unnecessary legal trouble.

    I suggest you look at their Copyright Infringement page. It's extremely well documented and should help you issue a DMCA.

    Of course, you should pay particular attention to this line:
    If you believe a Softlayer client has posted material that infringes your copyright
    Bottom line, it's great if you try and shut down a few warez sites, but if it's not your copyright they probably aren't going to do anything. The best bet would be to contact the copyright owner (RapidShare I suppose?) and let them know what you found.


    Alex

  19. #19
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    I was just about to mention what Alex said - the key is your copyright.

    If you contact a few of the copyright holders, particularly if it is MPAA or RIAA they will probably react quick enough.
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  20. #20
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    From the sounds of it, the site on Softlayer is simply linking to rapidshare accounts holding the files. Is the server on Softlayer actually hosting any files? If not, I wouldn't expect too much.
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  21. #21
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    Your threat/complaint to Softlayer is too long and doesn't follow the requirements.

    "there are some threads on there" just doesn't cut it. If your content is hosted there, submit a valid DMCA complaint minus the threats, and be done with it. You have no grounds asking them to enforce someone else's copyright.

    The law is very specific as to procedures we have to follow. I completely agree with the position Softlayer took. You can't expect them to comb through an entire forum or site based on your vague accusation, and thankfully, the law says they don't have to.

  22. #22
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    Quote Originally Posted by Ruchirablog View Post
    Infringement of Copyrights - http://**************** hosted at ip -**************

    There is a warez forum ( http://************) (************) hosted with your company and there are some threads on there which Infringe some of my own content and lots of hacked rapidshare accounts there.
    Accordingly, any display or use that you make of that forum or any other variations of the trademarks in connection with your webhost infringes the all Companies rights in the all trade marks and constitutes, among other things, service mark infringement, passing off and dilution in violation of the Lanham Act and other applicable federal, state and common law. I also believe that these practices, to the extent that they infringe the trade marks and otherwise violate federal law, may place you in violation of your agreements with your web-hosting and/or internet service providers, which thereby would result in still further liability imposed on you.

    I hereby demand that you immediately cease and desist any and all use of copyrighted trade marks and any other service marks, trademarks or names confusingly similar to the trade mark in connection with your webhost. In addition, I hereby demand that you immediately take action and remove copyrighted content from your webhost.

    I look forward to your written confirmation soon! that you will resolve this matter as requested. Your prompt attention and response to this matter will prevent the need for further action. If you take all steps necessary to remove the all copyrighted content and cease and desist immediately from any further illegal use of the trade marks or other names and settle this matter now, you may save yourself damages from the date of this notice. We do not withdraw or waive any of the damages, rights or remedies which may be available by reason of your conduct to date, and all such rights and remedies are expressly reserved.
    Sincerely,
    ************

    It's missing the sworn statement and actual signature image (if not included), DMCAs must follow proper protocol to be valid. In light of Softlayer, they must have valid documentation in order to take action otherwise they put them selves in a precarious situation, if not a legal one.
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  23. #23
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    While one would think that if you stumble across a warez type of forum or site that you could just contact the provider and *poof* the site would be gone but unless you actually hold the copyrights to any of the content and submit a valid DMCA saying as such (under penalty of perjury) then you don't really have anything to go on.

    Now you can submit the site to their abuse department and if it violates their ToS/AuP they may take action but that would be up to them at that point. Your best bet would be to contact some of the companies that hold the copyrights that are being infringed and letting them know about the site.
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  24. #24
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    Quote Originally Posted by Alex View Post
    I have edited your title to be a bit more constructive.



    I have to agree here. Softlayer can't simply take down sites because it sees warez hosted there. That could open them up to a lot of unnecessary legal trouble.

    I suggest you look at their Copyright Infringement page. It's extremely well documented and should help you issue a DMCA.

    Of course, you should pay particular attention to this line:


    Bottom line, it's great if you try and shut down a few warez sites, but if it's not your copyright they probably aren't going to do anything. The best bet would be to contact the copyright owner (RapidShare I suppose?) and let them know what you found.


    Alex
    Yes, I'm actually glad to see that Softlayer errs on the side of caution here, more hosts could learn from that
    If your claim is valid, you can always come back and follow proper procedure to get the content removed.

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