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04-11-2010, 09:50 AM #1Newbie
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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.
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04-11-2010, 09:51 AM #2Hello World
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04-11-2010, 09:53 AM #3Web Hosting Master
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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.
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04-11-2010, 09:55 AM #4Newbie
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04-11-2010, 10:01 AM #5Newbie
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04-11-2010, 10:34 AM #6Web Hosting Industry Expert
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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.
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04-11-2010, 10:55 AM #7Newbie
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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.
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04-11-2010, 11:12 AM #8Web Template Master
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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.
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04-11-2010, 03:44 PM #9Newbie
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easy shot-down
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...."
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04-11-2010, 06:33 PM #10Disabled
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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.
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04-12-2010, 11:06 AM #11Newbie
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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
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04-12-2010, 11:50 AM #12Web Hosting Master
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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
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04-12-2010, 11:59 AM #13Disabled
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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.
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04-12-2010, 12:12 PM #14Web Hosting Industry Expert
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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.
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.
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04-12-2010, 12:23 PM #15Web Hosting Master
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04-12-2010, 12:24 PM #16Disabled
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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.
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
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.
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04-12-2010, 12:27 PM #17Web Hosting Master
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04-12-2010, 12:27 PM #18Web Hosting Industry Expert
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Agreed.
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).
That's definitely not procedure and could result in OCILLA protection being lost if I'm not mistaken.
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.
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04-12-2010, 12:29 PM #19Disabled
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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.
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.
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04-12-2010, 12:30 PM #20Web Hosting Master
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04-12-2010, 12:33 PM #21Web Hosting Industry Expert
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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.
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.
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.
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04-12-2010, 12:33 PM #22Disabled
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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.
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04-12-2010, 12:34 PM #23Disabled
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04-12-2010, 12:35 PM #24Web Hosting Industry Expert
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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).
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.
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04-12-2010, 12:44 PM #25Web Hosting Master
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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.
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