Another Funny DMCA Conversation

1. 70

   thisisoliposted 13 years ago

   To whom it may concern,
   
   This cease and desist notice is a preliminary to a DMCA notice which will be filed if the copyright infringement is not removed within the next two weeks.
   
   Please note that this is not a DMCA as of yet, however if a DMCA does need to be filed I will not be held liable for the legal and administrative costs associated with this.
   
   The copyright infringement is located at
   
   softwzone.com/blog/news/download-unlimited-dsi-games
   
   Which has been stolen from my site at
   
   hubpages.com/hub/Top-10-Nintendo-DSi-Games
   
   I hope this can be resolved quickly and amicably,
   
   Kind regards
   
   Oliver Whitham
   
   ------------------------------
   
   We are not in the position to determine or validate who owns the intellectual property rights related to the content in question (trademark, copyright, counterfeit).  However, per our policy, claimants are only required to substantially provide the following information when making an infringement claim:
   
   1. Identification of the material that you are claiming that is being infringing, with information about its location, reasonably specific to permit us to locate the material
   Description of Infringement: ________________________________________
   _________________________________________________________________
   _________________________________________________________________
   Location of Infringement:
   Your URL or Web Address: _______________________________
   Infringing URL or Web Address: _______________________________
   
   2. Please fill in the following statement:
   I _______________________________, have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law.
   
   3. Please fill in the following statement:
   I _______________________________, swear under penalty of perjury, that the above information in this notification is accurate and that I am the owner or are authorized to act on the owner's behalf.
   
   4. The infringement reporter or authorized persons:
   Name: _______________________________
   Addresses: _______________________________
   Telephone Number: _______________________________
   Email Address _______________________________
   
   5. The electronic/typed or physical signature of the owner or the person authorized to act on the owner's behalf.
   
   Once we receive the above notice we are required by law to remove the material in question.
   
   **Note:  If a counter claim is submitted, the site will be reactivated & it will be up to the two parties to pursue legal action.
   
   
   Indemnification of Host or Registrar
   
   I ______________________________________, agree to defend, indemnify and hold the host or registrar, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs).
   
   
   
   
   Terms of Service Compliance Department
   1958 South 950 East
   Provo, UT 84606
   P: 888.401.4678 Option 5 | F: 801.765.1992
   
   Most questions can be answered by articles in our knowledgebase or our NEW forum!
   
   ------------------------------------------------
   
   Hi,
   
   I will fill in the following DMCA Claim form minus the indemnification clause for Bluehost, Since I can legally claim loss of earnings on this stolen content from the content host if they fail to remove the content after filing the DMCA.
   
   I point blank refuse to indemnify you from my legal entitlement to compensation for loss of earnings from content which is worth several hundred dollars a month to me. Asking for indemnification in these matters is highly unethical, and preys on people who are ignorant in the DMCA process.
   
   If you have any doubts as to the legitimacy of my ownership you may want to e-mail the user asking when they wrote it, as Hubpages, the host for the article I wrote, holds records for both the initial authoring date, and revisions.
   
   Please be aware that if this official DMCA notice is not resolved then the matter will be passed to my attorney. The legal fees for which I will not be held liable.

   replyreport
2. 61

   lxxyposted 13 years ago

   Haha, zero history, eh?
   
   I'm disappointed. But not amazed. And I think, deep down, I may just be jaded.

   replyreport
3. 70

   thisisoliposted 13 years ago

   I just found it funny they tried to put in an indemnification clause in to the rest of the DMCA notice, I don't believe they are that underhand that they would try to do that.
   
   Nevertheless, it's there loss, I will never use Bluehost if that is the kind of operation they run, and will also offer warnings to anyone who is thinking of using a host which uses poor techniques such as this.

   replyreport
   1. 61

      lxxyposted 13 years agoin reply to this

      I agree wholeheartedly. I'd write a whole article about this situation, might make them notice.

      replyreport
4. 85

   Edweirdoposted 13 years ago

   Oli,
   
   You seem to run into this quite a bit - how do you find these content thieves?
   
   I found one of my hubs had been copied by another hubber here on HubPages a few days ago, and I just happened to stumble across the copied content by accident. The offending hub was removed quickly by staff, but it was only because I happened to find it...
   
   Do you have some automated process or tool that alerts you to copied content?

   replyreport
   1. 70

      thisisoliposted 13 years agoin reply to this

      Unfortunately not, alhogh it probably would not be hard to build one which used my methods.
      
      I actually end up just going through my hubs copying a paragraph and pasting it in to Google abot once a month, it is a surprisingly good way of picking up stolen content. 
      
      I often use copyscape as well, although that costs a little more.

      replyreport
5. 70

   thisisoliposted 13 years ago

   "Hello,
   
   Thank you for contacting the Legal Department.
   
   We have contacted the owner and have requested the violation be removed, or we have removed the offending website. If you ever come across sites that are violating our Policies, please feel free to contact us again.
   
   Please feel free to contact us again if we can be of further assistance."
   
   I guess that wraps up that little saga with a peaceful resolution!

   replyreport
6. 79

   Aficionadaposted 13 years ago

   Woo-hooooo!!!  The good guys win.
   
   Thanks for posting this.  So many of us who are new don't really know enough about this type of issue.
   
   Your saga/conversation gives us information on a good method of checking for duplicate content, an effective process for confronting the violator, and additional steps in resolving the dispute.  Educational and inspirational.  Yay!!

   replyreport
   1. 70

      thisisoliposted 13 years agoin reply to this

      Haha glad you found it useful!

      replyreport