How do I deal with unethical web hosts when filing DMCAs?

1. 96

   Thomas Swanposted 8 years ago

   I have had to file over 10 DMCA complaints containing approximately 30 URLs... and all for the same person using the same web hosting service.
   
   This person continues to rip off my articles while I keep filing DMCAs. The web host takes the URLs down but, even after all these notices, they just keeping letting the person upload new ones. I've brought this to their attention, but my complaints are repeatedly ignored.
   
   It's quite a small hosting company. I suspect they're being paid to host these sites, meaning they don't want to terminate the contract. However, I'm wasting a lot of time continuously filing these notices. There's nothing in their terms and conditions that obligates them to terminate their business with repeat offenders. However, surely there's a case to be made against them for allowing this to continue?
   
   Is there any way I can report the web host (based in the USA) to an authority who would compel them to act.? As far as I'm concerned, they're complicit in the criminal activity of this person as they've knowingly allowed someone to breach the terms of a previous DMCA complaint. I have proof of this in the form of screenshots.

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   1. 84

      psycheskinnerposted 8 years agoin reply to this

      Your single requests will be dealt with in isolation.  I would suggesting sending a polite letter to their main email address outlining the issue and asking for a more permanent solution.

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      1. 96

         Thomas Swanposted 8 years agoin reply to this

         I've tried that, but they just seem to ignore it. Once, they even made an excuse for plagiarist:
         
         "Hi,
         
         Thank you for the update but no further information can be provided as to how we handle these legal issues other than for us to maintain safe harbor status we notify the customer with the documents provided. I do see that each complaint has been resolved within the 48 hour time frame and that each complaint is not for the exact same content.
         
         We'll let you know once your latest notification has been resolved.
         
         Thanks,"
         
         A couple of months later, the plagiarist did steal the exact same content addressed in a previous DMCA. Of course, they still did nothing other than taking down the individual URL.

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2. 81

   colorfuloneposted 8 years ago

   I copied a letter that Writer Fox posted in the forum. Maybe it will help you. Sorry this is happening to you.
   --------------
   Pursuant to The Berne Convention for the Protection of Literary and Artistic Works, and the Court of Justice of the European Union, this communication serves as a statement that:
   
   I am the exclusive rights holder of articles on the [http:// yoursubdomain .hubpages.com] website and the owner and author of the following articles, posted on www.HubPages.com:
   
   [List all of your Hubs plagiarized on howtomakemoneyonline.pituitaryapoplexy.com]
   
   These exclusive rights are being violated by material available upon a site you are hosting on the IP address 178.251.230.102, at the following URLs:
   
   [List each URL on howtomakemoneyonline.pituitaryapoplexy.com where your plagiarized Hubs appear.  Use the same order you used to list your Hubs.]
   
   This is my contact information:
   
   [List a name – It's supposed to be your real, legal name.
   address
   telephone number
   email]
   
   I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by me, the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is allegedly infringed.
   
   I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible.
   
   [Put the same name you used above at the end.  This is 'signing' the notice and is required.]

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   1. 96

      Thomas Swanposted 8 years agoin reply to this

      Thanks colorfulone. I think that just explains how to file the European equivalent of the DMCA. I have no problem writing DMCAs. I've had to write hundreds of them. The problem is this web host who won't do anything to stop one of their customers from putting up new infringements after the previous ones are taken down.

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      1. 81

         colorfuloneposted 8 years agoin reply to this

         It does sound like someone is making money off your content and does not have a stop button. Maybe Writer Fox will come a long and have some suggestions.

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      Writer Foxposted 8 years agoin reply to this

      That notice is for sites hosted outside of the U.S.  For hosting companies within the U.S., the first paragraph of the letter should read:
      
      Pursuant to 17 USC 512(c)(3)(A), this communication serves as a statement that:

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3. 86

   Lady Loreleiposted 8 years ago

   If they have Adsense or Amazon affiliate ads on their webpages then you can hurt the plagiarist by removing their source of income. File a complaint with which ever source of income they use and they will remove their account. It makes the person less likely to plagiarize if they don't earn from it. Otherwise sorry to say but just keep filing until this person goes and picks on an easier target.

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   1. 30

      Writer Foxposted 8 years agoin reply to this

      I think this is the best answer for a repeat offender.  Here is how to approach the advertisers:
      http://hubpages.com/forum/topic/122095? … ost2735226

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      1. 96

         Thomas Swanposted 8 years agoin reply to this

         Thanks Writer Fox.

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   2. 96

      Thomas Swanposted 8 years agoin reply to this

      That's a good idea. I wanted to do it this time, but weirdly there were no ads on the page. I wonder what the motivation for this person is.

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4. 73

   relacheposted 8 years ago

   This situation is solved by filing your Notice Of Infringement or DMCA complaint with the web hosting company.
   
   Watch how fast they take down the entire domain that has been ignoring you.

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   1. 96

      Thomas Swanposted 8 years agoin reply to this

      I have been filing all the notices with the web host. That's the problem. They won't take down the entire domain of this person even after dozens of infractions.

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5. 92

   Kylyssaposted 8 years ago

   Also, if the plagiarist is using Adsense, file a report through Google webmaster tools. Enough reports and Google will take away their Adsense account. You can also file a DMCA report with Google even if they aren't using any Google products which will get their page removed from Google search results. I've noticed that the URLs in question also often tend to disappear from Bing and Yahoo a week or so after Google removes them from search results.
   
   I've had difficulty getting IPs from certain areas of the world to remove stolen content and I fall back on those two solutions fairly often. It isn't as satisfying as getting the content removed but it is functionally nearly as good if the thief's page can't be found using search engines and they can't earn money off it.

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   1. 96

      Thomas Swanposted 8 years agoin reply to this

      Thanks Kylyssa, those are good suggestions.

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6. 87

   Buildrepsposted 8 years ago

   If this plagiarist keeps on copying and maintaining his questionable practices, I would consider to let the website taken down by professionals like the Lizard Squad. Of course it's not totally legitimate, but who cares in this case?

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   1. 96

      Thomas Swanposted 8 years agoin reply to this

      At this point, I'd probably consider any option, as long as it doesn't land me in it. The time and frustration expended has already been too much.

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7. 56

   paradigm searchposted 8 years ago

   Just thought I'd toss in my own lament. Ratted out a thief to Google. Google approved. So the thief just altered his sub URL a little bit. Now it's back in Google search again and ranked higher than mine again.

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   1. 30

      Writer Foxposted 8 years agoin reply to this

      If that is the case, report it here:
      https://docs.google.com/forms/d/1Pw1KVO … 5340082246

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      1. 56

         paradigm searchposted 8 years agoin reply to this

         Thanks, Writer Fox! I slapped that link on my bookmark page forthwith.

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