Who Do I File This DMCA With & Is It The Abusive Blogger?

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   Kylyssaposted 8 years ago

   I used http://whois.domaintools.com/ and I'm having trouble figuring out who to send the DMCA to. It looks to me like it's the blogger/website owner who has already been abusive to me in response to asking them to remove my content politely. Am I wrong?
   
   You can see the results I got at http://whois.domaintools.com/opsafewinter.net
   
   
   
   And, yes, I'm aware I took a long time to check back after leaving a polite request to remove the article. I somehow didn't write myself a note to follow up like I usually do.
   
   If the abusive blogger is the person I must file the DMCA with, I do not feel comfortable giving them my personal contact information at all. Thank you for any advice.

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      Matthew Meyerposted 8 years agoin reply to this

      You want to contact the site or the web hosting company to issue DMCA notices.
      
      Might make sense to contact using this information from that WHOIS page.
      Tech Name: Whois Agent
      Tech Organization: Whois Privacy Protection Service, Inc.
      Tech Street: PO Box 639 
      Tech City: Kirkland
      Tech State/Province: WA
      Tech Postal Code: 98083
      Tech Country: US
      Tech Phone: +1.4252740657
      Tech Fax: +1.4259744730
      Tech Email: opsafewinter.net@protecteddomainservices.com

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         Kylyssaposted 8 years agoin reply to this

         The problem with using the opsafewinter.net@protecteddomainservices.com email is that the website itself is opsafewinter.net so I'd be reporting the plagiarism to the plagiarist, possibly even the person who said the nasty thing there in the screen capture.
         
         I'm not comfortable giving my personal information to the swearing, abusive plagiarist.

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            TIMETRAVELER2posted 8 years agoin reply to this

            You might try reporting them to Google.  If you show Google that you wrote the article first, they can remove the adsense ads rendering the blogger unable to earn from the article.   Here is the link to the form you need:  https://support.google.com/legal/troubl … 14905?rd=1

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               Kylyssaposted 8 years agoin reply to this

               Thank you. It looks like they don't have Adsense but I'll get Google to remove them from search results and your post reminded me of that option.

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      Phyllis Doyleposted 8 years agoin reply to this

      Kylyssa, here is a link to some detailed info:
      
      http://hubpages.com/learningcenter/how- … -complaint
      
      If you have no success with filing as Matt says, you can file with Google. Instructions for doing that are in the article's last paragraph.

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      Marisa Wrightposted 8 years agoin reply to this

      As I've said before, I would never waste my time filing a DMCA directly with a plagiarist (unless I felt there was a genuine chance he's done it innocently, which is rare).
      
      The best thing to do is to file with the hosting company - in this case, name.com. 
      https://www.name.com/abuse
      
      You can also report them to Google, but as you probably know, all that does is get the article removed from search results - the article will still be there.

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         Kylyssaposted 8 years agoin reply to this

         Thank you. I don't often run up against site administrators or owners who are the plagiarists so I routinely file with the website an article is on rather than the host. A case like this where it was unclear whether the plagiarist admins the site or not threw me off. I'm terrible at generalizing when a situation falls too far from the norm in a way I don't recognize.
         
         I'm off to file with the host.
         
         Thank you for pointing out my blind spot! It's a big help.

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            Stacie Lposted 8 years agoin reply to this

            I have been dealing with a few thieves that continue to switch hosting companies so I am now going to google again....

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         relacheposted 8 years agoin reply to this

         There is always a way around the actual plagiarist. 
         
         The ISP and domain registrar are both excellent options for non-compliant end-users.

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   flycatcherrrposted 8 years ago

   Not sure if there's a way to tell if the potty-mouth person who replied to your polite protest would be part of the site admin or just a random commenter, Kylyssa... but I totally get that you want to be careful in filing a DMCA when the act of filing makes your personal contact information available to the person being served with the DMCA notice. (Lots of people are not aware of that, I think?)
   
   Interestingly, it looks rather as if OpSafeWinter may be a project of Anonymous - check the pastebin link on their Twitter profile. Does anyone know what position, if any, Anonymous takes on copyright issues?  Not sure what I'd do in your shoes...  Hopefully the copy of your article doesn't outrank your original in search results?

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      Kylyssaposted 8 years agoin reply to this

      Yes, it's definitely the idea of sharing my personal contact information with the plagiarist themselves that bothers me. If they've already proven they have no compunctions about stealing, why would I give them my pone number and address? It's like giving your personal information to the guy who stole your wallet in order to get the wallet back.
      
      The email listed is to the site that plagiarized the hub. Thankfully, Marisa gave me the solution. I got so thrown off by the swearing at me and the email to file possibly belonging to the abusive person that I forgot about the ISP.

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   makingamarkposted 8 years ago

   I've given up asking stupid people who copy sites to remove content (although I continue to do so re those where it's obviously done out of ignorance).
   
   I just go straight to Google, provide the necessary information to prove it's mine and the site has copied it and ask them to remove it from the index.  Particularly if they are also using AdSense.
   
   If I'm being kind, I also send one email to the domain registrar telling them what happens if they don't remove the content.
   
   In general domain registrars do not like their websites being reported to Google - so they might just pull the whole website.
   
   You don't need to provide personal information. Google only asks for an email address.

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      makingamarkposted 8 years agoin reply to this

      The other trick which generally gets a result is to send them an invoice!

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