Page 1 of 2 12 LastLast
Results 1 to 25 of 40
  1. #1

    Angry DMCA complaint, Hostso.com account suspended

    Hi,

    1. i receive DMCA complaint about one of my website.

    They ask me to remove copyrights content from my website.

    2. Ok. I do. I remove all files from my website.

    3. Hostso.com suspended my hosting account without send to me any email alert.

    4. With hostso.com i hosting many website hosted, legal 100% not have any complaint. They supend my account with all my webistes.

    Now i cannot take out any files cant do any backup.


    I want know if it's legal what they do? They stop other websites not have any problems anything illegal.

    I want somebody help me, i want back my websites. Most of these website are my customer website (i'm web designer).


    What can i do? They not want unsuspend my account.

    Please help me.

  2. #2
    Join Date
    Nov 2009
    Location
    /etc/my.cnf
    Posts
    10,657
    Quote Originally Posted by themarper View Post
    Hi,

    1. i receive DMCA complaint about one of my website.

    They ask me to remove copyrights content from my website.

    2. Ok. I do. I remove all files from my website.

    3. Hostso.com suspended my hosting account without send to me any email alert.

    4. With hostso.com i hosting many website hosted, legal 100% not have any complaint. They supend my account with all my webistes.

    Now i cannot take out any files cant do any backup.


    I want know if it's legal what they do? They stop other websites not have any problems anything illegal.

    I want somebody help me, i want back my websites. Most of these website are my customer website (i'm web designer).


    What can i do? They not want unsuspend my account.

    Please help me.
    Did you read their policys ?

    Regards
    UK Based Proactive Server Management.
    Zabbix Enterprise 24/7 Monitoring.

  3. #3
    Quote Originally Posted by themarper View Post
    Hi,

    1. i receive DMCA complaint about one of my website.

    They ask me to remove copyrights content from my website.

    2. Ok. I do. I remove all files from my website.

    3. Hostso.com suspended my hosting account without send to me any email alert.

    4. With hostso.com i hosting many website hosted, legal 100% not have any complaint. They supend my account with all my webistes.

    Now i cannot take out any files cant do any backup.


    I want know if it's legal what they do? They stop other websites not have any problems anything illegal.

    I want somebody help me, i want back my websites. Most of these website are my customer website (i'm web designer).


    What can i do? They not want unsuspend my account.

    Please help me.
    It would help if you send a support ticket explaining to them the actions taken on your part (which is basically what you mentioned - removing the copyrighted files, etc) and letting them know that you won't do it again, etc. I am sure they will allow you access to the files after they verify that the copyrighted files have indeed been removed.
    HostStellar.com - Stellar Shared and Reseller Hosting
    Features: LiteSpeed Powered | R1Soft Backup (6 hourly) | RVSiteBuilder Pro | Jailed SSH Access
    Guarantees: 24/7/365 Stellar Support | 30 Days Money Back | 99.9% Uptime SLA

  4. #4

    Angry Yes i read, but i no kill no body. i need only my files

    Quote Originally Posted by SLDHosting View Post
    Did you read their policys ?

    Regards

    Yes i read, but i no kill no body. i need only my files.

    I need backup my files.

    What about website not have DMCA complaint?

  5. #5

    Unhappy thanks. i just open ticket

    Quote Originally Posted by Jansen [FH] View Post
    It would help if you send a support ticket explaining to them the actions taken on your part (which is basically what you mentioned - removing the copyrighted files, etc) and letting them know that you won't do it again, etc. I am sure they will allow you access to the files after they verify that the copyrighted files have indeed been removed.


    thanks. i just open ticket, i explain to them my problem.

    i wish have somebody in hostso.com will help me.

  6. #6
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,178
    Quote Originally Posted by themarper View Post
    thanks. i just open ticket, i explain to them my problem.

    i wish have somebody in hostso.com will help me.
    You should always open a ticket with your provider before coming here to WHT. While I agree that they should have notified you if they were going to take action ... this forum isn't the support/abuse department for your provider and as such shouldn't be the first step towards getting the issue resolved.

    Good luck!
    Michael Denney - MDDHosting.com - Proudly hosting more than 37,800 websites since 2007.
    Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
    cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
    Class-leading support that responds in minutes, not days.

  7. #7
    If your website is breaching the server hosts policies they are well within their right to suspend your account and do not legally have to provide backups.

    That being said, the host could have at least provided a backup so you do not lose money.

  8. #8
    Join Date
    May 2009
    Location
    United Kingdom
    Posts
    1,695
    Hello,

    Sorry to hear about your websites.

    Were your others websites on the same cPanel account (addon domains) as the one that had copyright material? If so that's why all of your account have been suspended.

    As it has been mentioned they are not legally required to provide you with a backup but it would be very unfair if they didn't. I would imagine that they have this written somewhere in their terms of service.

    I recommend opening a support ticket and explaining that the copyright files have been removed. They may unsuspended your account or at least provide you with a backup.

    Good luck! I hope everything works out for you.

    Jack
    Zomex ~ Templates & services for web hosting resellers since 2009!
    #1 Web Hosting Templates for WHMCS Templates | WordPress | HTML | Blesta | Clientexec
    █ Professional WHMCS Services | Installation | Configuration | Integration | Upgrades

  9. #9

    Thumbs down easy shot-down

    Quote Originally Posted by sequencehosting View Post
    Hello,

    Sorry to hear about your websites.

    Were your others websites on the same cPanel account (addon domains) as the one that had copyright material? If so that's why all of your account have been suspended.

    As it has been mentioned they are not legally required to provide you with a backup but it would be very unfair if they didn't. I would imagine that they have this written somewhere in their terms of service.

    I recommend opening a support ticket and explaining that the copyright files have been removed. They may unsuspended your account or at least provide you with a backup.

    Good luck! I hope everything works out for you.

    Jack

    Copyright material on my site is only photos i copy from other webiste.

    Nothing special or very dangerous.

    I never see this before.

    How this website can prove is copyrights owner?

    If like this it's easy shot-down some website.

    Just copy some photos from victim website and say by DMCA complaint
    "i'm copyright owner...."

  10. #10
    If an official DMCA is filed against a hosting client, the hosting provider has to take action to ensure the material is removed. Whether this involves contacting the client and asking them to remove it, or removing it themselves - the outcome has to be that the content is removed one way or another.

    If the client disagrees with the DMCA, they can then file a counter-notice, but the content cannot be reinstated until the counter-notice has proved successful in a court of law. Yes, it's a system that heavily favors the copyright holder, but surely that's a good thing? Don't forget, it's illegal to file an invalid DMCA, so it's not as if random people can attempt to have your website taken down without a genuine reason.

    If Hostso.com suspended your account after you removed the content, I'd suggest either there's something more to the story here that we don't know, or they may not be familiar with correct DMCA practice, and are just suspending your account to avoid further possible repercussions. Either way, contacting them directly is likely the only way to get your problem resolved.

  11. #11

    Talking GOOD NEWS ABOUT HOSTSO.COM

    After many email, live chat and ticket they unsuspend my account.

    I delete all files about DMCA complaint.

    I want say thanks to all users in this forum support and help me.

    Thanks

  12. #12
    Join Date
    Mar 2009
    Posts
    2,222
    Quote Originally Posted by themarper View Post
    Hi,

    1. i receive DMCA complaint about one of my website.

    They ask me to remove copyrights content from my website.

    2. Ok. I do. I remove all files from my website.

    3. Hostso.com suspended my hosting account without send to me any email alert.

    4. With hostso.com i hosting many website hosted, legal 100% not have any complaint. They supend my account with all my webistes.

    Now i cannot take out any files cant do any backup.


    I want know if it's legal what they do? They stop other websites not have any problems anything illegal.

    I want somebody help me, i want back my websites. Most of these website are my customer website (i'm web designer).


    What can i do? They not want unsuspend my account.

    Please help me.
    In case this happens to anyone else:

    Well I would say you could get another hosting service, and restore your backups to that service.

    But I expect you're going to say you do not have backups.

    In that case, you must send your hosting provider a DMCA counter notification. Your hosting provider will then restore your service in 10 days at most.

    You might find Google's DMCA process useful for guidance:

    http://www.google.com/dmca.html

  13. #13
    Quote Originally Posted by tim2718281 View Post
    In that case, you must send your hosting provider a DMCA counter notification. Your hosting provider will then restore your service in 10 days at most.
    Very, very bad advice here! You should only ever file a counter-notice if you are 100% sure that the content you are using is not a breach of copyright. That is, either you own the content or have full permission to use it.

    Filing a counter-notice just to try and get a site back online is illegal, and will no doubt be classed as fraud in a court of law.

    Nonetheless, had you bothered to read the thread in full, the content was a breach of copyright and removed by the OP. Please read threads completely before offering poor advice.

  14. #14
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,178
    Quote Originally Posted by JulesR View Post
    Filing a counter-notice just to try and get a site back online is illegal, and will no doubt be classed as fraud in a court of law.
    Knowingly filing a counter-notice that is false will definitely open you up to a lawsuit but then again if you file a counter-notice and the person asserting copyright doesn't file suit they can lose the copyright protection from the way I understand it. Basically unless you really want to be sued or the content is really yours to use I wouldn't suggest submitting a counter-notice.

    Quote Originally Posted by JulesR View Post
    Nonetheless, had you bothered to read the thread in full, the content was a breach of copyright and removed by the OP. Please read threads completely before offering poor advice.
    It's only poor advice if the content is actually in violation of copyright which in this case it sounds like it was so perhaps you're right... I guess I just disagreed with myself all in the same sentence
    Michael Denney - MDDHosting.com - Proudly hosting more than 37,800 websites since 2007.
    Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
    cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
    Class-leading support that responds in minutes, not days.

  15. #15
    Join Date
    Mar 2009
    Posts
    2,222
    Quote Originally Posted by JulesR View Post
    You should only ever file a counter-notice if you are 100% sure that the content you are using is not a breach of copyright.
    How can anyone be 100% sure that the content is not a breach of copyright? Until a court makes a decision, it's impossible to be 100% sure what that decision will be.

    Quote Originally Posted by JulesR View Post
    Filing a counter-notice just to try and get a site back online is illegal, and will no doubt be classed as fraud in a court of law.
    No it isn't, as long as you believe what you are saying is true.

  16. #16
    Quote Originally Posted by MikeDVB View Post
    Knowingly filing a counter-notice that is false will definitely open you up to a lawsuit but then again if you file a counter-notice and the person asserting copyright doesn't file suit they can lose the copyright protection from the way I understand it.
    The DMCA notice is a claim of copyright by the owner(s) and notice of infringement. It's a precursor to possible legal action. Yes, you are well within your right to file a counter-notice, but doing so under the assumption or hope that no legal action is taken is a seriously bad idea.

    This is exactly why a counter-notice does not allow the content to be immediately restored. If it was that simple, everyone would file a counter-notice to get back up and running and then hope that nothing further happens. As I've been advised, a counter-notice has to be verified and accepted in a court of law for the use of the content to be determined, and thus restored if applicable.

    Some hosts may restore the content on receipt of a counter-notice, but that's not something we do. As I said, that's only what I've been advised.

    Basically unless you really want to be sued or the content is really yours to use I wouldn't suggest submitting a counter-notice.
    Filing a counter-notice when you do not own the content and do not have permission to use it is illegal. You are breaking the law. It may lead to additional charges being made against you (fraud), so is certainly not a risk worth taking.

    It's only poor advice if the content is actually in violation of copyright which in this case it sounds like it was so perhaps you're right... I guess I just disagreed with myself all in the same sentence
    Yes

    So to recap; do not file a counter-notice unless you:

    a) Own the content or know that you have full permission to use it.
    b) Want to risk being prosecuted for breach of copyright, and possibly fraud by filing an invalid counter-notice.

  17. #17
    Join Date
    Mar 2009
    Posts
    2,222
    Quote Originally Posted by JulesR View Post
    If an official DMCA is filed against a hosting client, the hosting provider has to take action to ensure the material is removed.
    No they don't; they can ignore the DMCA notice.

  18. #18
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,178
    Quote Originally Posted by JulesR View Post
    The DMCA notice is a claim of copyright by the owner(s) and notice of infringement. It's a precursor to possible legal action. Yes, you are well within your right to file a counter-notice, but doing so under the assumption or hope that no legal action is taken is a seriously bad idea.
    Agreed.

    Quote Originally Posted by JulesR View Post
    This is exactly why a counter-notice does not allow the content to be immediately restored. If it was that simple, everyone would file a counter-notice to get back up and running and then hope that nothing further happens. As I've been advised, a counter-notice has to be verified and accepted in a court of law for the use of the content to be determined, and thus restored if applicable.
    Actually the original claimant either has to file in a court of law within 10 days or the data is automatically reinstated and then the original claimant pretty much loses their copyright protection on that data (from how I understand it, IANAL).

    Quote Originally Posted by JulesR View Post
    Some hosts may restore the content on receipt of a counter-notice, but that's not something we do. As I said, that's only what I've been advised.
    That's definitely not procedure and could result in OCILLA protection being lost if I'm not mistaken.


    Quote Originally Posted by JulesR View Post
    Filing a counter-notice when you do not own the content and do not have permission to use it is illegal. You are breaking the law. It may lead to additional charges being made against you (fraud), so is certainly not a risk worth taking.
    I don't know of any laws that it violates (there would have to be a specific law drafted for it) but not being a lawyer and not having researched the criminal side of Copyright and only the Civil side you may be right, I wouldn't know.

    Many times people connect Civil and Criminal matters together because usually when there is a criminal case you can also file a civil case (but not the other way around). The thing is that from what I understand violating a copyright is not a criminal offense but is just a civil matter where suit can be filed but I don't know that anybody would go to jail for it. I've not researched the laws though to see if there is actually a law against it that would result in criminal action being taken. Point being is that you may or may not be right and I'm not saying either way because I'm not sure but it doesn't sound right to me.
    Michael Denney - MDDHosting.com - Proudly hosting more than 37,800 websites since 2007.
    Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
    cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
    Class-leading support that responds in minutes, not days.

  19. #19
    Quote Originally Posted by tim2718281 View Post
    How can anyone be 100% sure that the content is not a breach of copyright? Until a court makes a decision, it's impossible to be 100% sure what that decision will be.
    Quite easily. If you've created the content yourself and own it, it's plainly obvious that it's not a breach of copyright. If you've purchased the content, or otherwise have written permission from the creator(s), it's also not a breach of copyright.

    Not exactly difficult to work out, is it?

    No it isn't, as long as you believe what you are saying is true.
    Wrong. Filing a counter-notice to a DMCA implies that you know full well you are allowed to use the content. That's the entire purpose behind it.

    Unless you completely know that the content is yours, or yours to use as you wish, you should never file a counter-notice.

    Ignorance is no excuse in a court of law.

  20. #20
    Join Date
    Mar 2009
    Posts
    2,222
    Quote Originally Posted by JulesR View Post
    As I've been advised, a counter-notice has to be verified and accepted in a court of law for the use of the content to be determined, and thus restored if applicable.
    That's incorrect.

  21. #21
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,178
    Quote Originally Posted by JulesR View Post
    Quite easily. If you've created the content yourself and own it, it's plainly obvious that it's not a breach of copyright. If you've purchased the content, or otherwise have written permission from the creator(s), it's also not a breach of copyright.
    What if the people you thought created the the content that you purchased permissions from actually stole that content from somewhere else... As far as you would know you did have permission when in reality you may not.

    Quote Originally Posted by JulesR View Post
    Not exactly difficult to work out, is it?
    Taking my example into play - it very well could be difficult and could put you in a jam. I don't believe you would be violating any law where you would face jailtime but the original copyright holder could definitely file a civil suit against you for damages.

    Quote Originally Posted by JulesR View Post
    Wrong. Filing a counter-notice to a DMCA implies that you know full well you are allowed to use the content. That's the entire purpose behind it.

    Unless you completely know that the content is yours, or yours to use as you wish, you should never file a counter-notice.

    Ignorance is no excuse in a court of law.
    It's no excuse and it won't save you from being sued that is right Taking from your two examples and my example in this thread if you thought you really did have permission and counter-claimed as such and still ended up being sued ... sorry about you.
    Michael Denney - MDDHosting.com - Proudly hosting more than 37,800 websites since 2007.
    Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
    cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
    Class-leading support that responds in minutes, not days.

  22. #22
    Quote Originally Posted by MikeDVB View Post
    Actually the original claimant either has to file in a court of law within 10 days or the data is automatically reinstated and then the original claimant pretty much loses their copyright protection on that data (from how I understand it, IANAL).
    IANAL either, but that clearly cannot be right. Because you don't chase up a DMCA, you lose copyright on your work? I very much doubt that. At worst, like you say, it'd just mean reinstatement of the content.

    I don't know of any laws that it violates (there would have to be a specific law drafted for it) but not being a lawyer and not having researched the criminal side of Copyright and only the Civil side you may be right, I wouldn't know.
    It doesn't need a specific law, it's fraud. You're responding to a legal notice and basically lying.

  23. #23
    Quote Originally Posted by tim2718281 View Post
    That's incorrect.
    I'll take legal advice over your statements any day of the week, thanks

  24. #24
    Join Date
    Dec 2007
    Location
    Indiana, USA
    Posts
    19,178
    Quote Originally Posted by JulesR View Post
    IANAL either, but that clearly cannot be right. Because you don't chase up a DMCA, you lose copyright on your work? I very much doubt that. At worst, like you say, it'd just mean reinstatement of the content.
    To maintain your copyright you have to be willing to take legal action to protect it. If you're not willing to do that you may lose the copyright and it may sound incorrect but I do urge you to do some research on it

    This is one of the reasons for the DMCA procedures - to allow copyright holders to protect their copyrights without having to file suit in every single instance. When a counter-claim is filed that is when the copyright holder would be required to file suit (as both parties have fully followed the DMCA guidelines through from start to finish).

    Quote Originally Posted by JulesR View Post
    It doesn't need a specific law, it's fraud. You're responding to a legal notice and basically lying.
    Trust me - I did study law enough to know that if there's not a specific law for the specific type of fraud it's not something that is a criminal act. I may not be a lawyer but I did study enough to know this. Criminal law is *very* specific and if you ever as an example look at the laws for murder there are hundreds of different definitions. You can't say "You killed somebody so it's murder" in the eyes of the law it's not that simple - there is always a very specific law that you've broken on the books that would be referenced specifically by code. The term "murder" is generic where as the law you had actually broken would be extremely specific.
    Last edited by Mike - MDDHosting; 04-12-2010 at 12:39 PM.
    Michael Denney - MDDHosting.com - Proudly hosting more than 37,800 websites since 2007.
    Ultra-Fast Cloud Shared and Pay-By-Use Reseller Hosting Powered by LiteSpeed!
    cPanel • Free SSL • 100% Uptime SLA • 24/7 Support
    Class-leading support that responds in minutes, not days.

  25. #25
    Join Date
    Mar 2009
    Posts
    2,222
    Quote Originally Posted by JulesR View Post
    Quite easily. If you've created the content yourself and own it, it's plainly obvious that it's not a breach of copyright.
    I expect it was obvious to George Harrison that My Sweet Lord, which he'd created himself, was not a breach of copyright. Nevertheless the courts decided it was in breach of the copyright in "My Guy".

    Similarly it took years before courts decided that "Down Under" infringed the copyright in "Kookaburra Sits in an Old Gum Tree".

    The fact of the matter is that reasonable people can have a difference of opinion over whether material breaches copyright.

    So, I compose a song; I put it on my website; someone complains it's in breach of their copyright; my web host removes access to my web site.

    What am I to do?

    I think as long as I am confident the song is my own composition, I will file a counter-notification and the site will be restored.

    Am I 100% sure the song is not in breach of copyright? Well, as I don't know what it the complainer says it copied, I would find it hard to be 100% sure.

    It may be if I got to hear the complainer's song, I might recognise it. But as the complainer doesn't actually have to state what it is that is supposedly copied, then it's pretty tricky for me to form an opinion. I can only go by what I know, which is that I composed my song myself.

Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 65
    Last Post: 02-01-2010, 02:52 PM
  2. Is this a legitimate DMCA complaint?
    By Victor Lugo in forum Running a Web Hosting Business
    Replies: 3
    Last Post: 06-11-2009, 06:25 PM
  3. Replies: 33
    Last Post: 08-08-2001, 06:53 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •