DMCA complaint has been rejected

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   OldRosesposted 3 years ago

   Thought this might be of interest to the community.  I just sent the following email to the team:
   
   "I filed a DMCA complaint with Blacknight, an Irish hosting company.  They have rejected my complaint claiming that the DMCA law does not apply to them.  They claim that it only applies to American companies.  This is their email response to me:
   
   'The DMCA only applies to US companies and hosted content. We are not based in the US and none of the content you linked is hosted in the US.'
   
   If this is true, then all of our content can be stolen and used by entities outside of the US.  Please let me know what recourse I have. 
   
   If their claim that they are outside the jurisdiction of the DMCA law is false, how should I respond to them?"
   
   I will let you know what the team says.

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      Misbah786posted 3 years agoin reply to this

      Ahh! These copyright issues. I wonder if someone or any law exists to defend writers' copyrights. I'm hoping the team will be able to help you. Fingers crossed!
      
      Blessings and Best wishes!

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      chef-de-jourposted 3 years agoin reply to this

      Would this help?
      
      https://www.google.com/webmasters/tools … B&rd=1

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         OldRosesposted 3 years agoin reply to this

         That's my last resort.  It removes the copied pages from Google search results.  I prefer that the webpages be removed entirely.

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      Kenna McHughposted 3 years agoin reply to this

      That's bogus! Keep pushing.

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         OldRosesposted 3 years agoin reply to this

         Right?  And it's Ireland.  I would expect something like this from a Russian or Chinese hosting site.  But an EU site?  Maybe the woman who responded to me is new and still learning her job.

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      OldRosesposted 3 years agoin reply to this

      The team was very quick in replying to me.  They said:
      
      "Try filing a DMCA complaint with Google. It won't get the content unpublished, but it will be removed from search results.
      
      Please review #3 for instructions: https://hubpages.com/faq/#copiedhub."
      
      I have to admit that I am disappointed.  I was hoping for an explanation of international copyright laws and a suggested response to the Irish hosting company.

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         Miebakagh57posted 3 years agoin reply to this

         Sorry. We're still at the mercy of DMCA!

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      tsmogposted 3 years agoin reply to this

      Following the thread and learning I had not thought about International Copyright Laws. If anyone is looking for a good place to research then the Rights Direct site seems to do the trick and the link is below.
      
      https://www.rightsdirect.com/internatio … ht-basics/
      
      Wikipedia with list of county signatories for the different treaties, which Ireland has signed some..
      https://en.wikipedia.org/wiki/List_of_p … agreements

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   psycheskinnerposted 3 years ago

   The DMCA is the US law, Ireland has its own version but they are governed by the same international copyright treaties and equivalent in effect.  They require and need to respond to, a notice that has the same features of identifying the work and stating you hold the copyright. There are only 6-7 countries in the world that are not signatories to the copyright conventions and Ireland is not one of them.  So just remove anywhere you referred specifically to the DMCA and send it again.

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      OldRosesposted 3 years agoin reply to this

      That's what I thought, that there are international treaties about this.  I'm going to wait to see what the team recommends.

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   Rupert Taylorposted 3 years ago

   That's rough. I know sites hosted in China and Russia just give DMCA complains the middle finger, but Ireland? I suppose it's not much use appealing to their better nature if they don't care about the moral turpitude displayed in their response to you.

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      OldRosesposted 3 years agoin reply to this

      Eastern European countries too!  I've been trying for months to get a Bulgarian hosting company to remove a page but they just ignore me.

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4. 67

   PaulGoodman67posted 3 years ago

   I believe that psycheskinner's right, the EU have copyright agreements with the US. It doesn't necessarily mean the Irish company will do anything though.
   
   I think you'd have to do all sorts of investigative work to take it further, if they don't comply, complain to the hosting company they use etc.

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