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Am I fucked? (DMCA + preservation notice)

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Could be fake..

You could either:

1) Ignore it and keep on. (Applies if you are hosted offshore)
2) Remove the file/post and reply back


Either way, you are not screwed. If your host is ok with it, no problem!
 
I would suggest, don't ignore it. Just remove those contents. They are not likely to be able to screw you if you are using offshore host, but why take a chance? Just remove it.
And if you are using onshore host, shift to offshore ASAP.
Good Luck!!
 
I have removed it, i am just worried about the 2nd part of the DMCA, the preservation notice part. This is usually not included in most DMCA notices is it? Is it a tactic to scare me into complying?
 
Yeap...
They are just some lawyers who want to play the BIG GUYS..

You shouldn't be very worried unless you own a really big & popular website!
 
rateat said:
My host just forwarded a DMCA request with a section after it similar to this (not the same company etc, just similar content)

http://images.chillingeffects.org/notices/EvidencePreservationNoticeinAnticipationofLitigation.pdf

is this just to scare me to comply with the dmca, or am I gonna get sued?
Click to expand...

Ok, if you host in the usa you technically have to comply with dmca, so remove the content and then reply back saying you removed it.

if your host is not in the usa they shouldent a) forward dmca to you (unless you specifically requested them to be forwarded) or b) provide any details about you. (The hosting company i am launching certainly will just delete complains, we are a uk host and dmca doesnt apply to uk so our lovely spam filter will be set to delete them automatically.)

If you are with a usa host i would suggest moving host, to a host outside the usa as Dmca does not apply to any country outside the usa, no matter how much those usa lawyers try and pretend it does.
 
What is your website? a forum / blog / DDL?

Do you have dedicated uploaders? Do you upload? Do you have a VIP section?
 
:D nice to get DMCA Notice But i dont know why half of the people get fear of them even if they r hosted on offhsore...can any one tell me
 
1. it can be fake ( just to scare you, maybe one of your competitors sent it to you, you can fake emails easy with php... just have to change the sender email to web sherifs email address or something like that... )

i got some from google too, but no more lately.

2. i got already like 100 of these for sure if not more. and my old hosting warez-host suspended my account without any money back... because they got one from microsoft which they couldn't ignore they said... but who knows if that's true...

- maybe that they run theyr own warez site, and they got scared of competition
- or the DCMA was fake and they just got punkd.
- or i don't know what other reason there was

no idea who the owner is but it has to be someone at katz because theyr ads are all over theyr sites... they are a bunch of thiefs in my eyes... theyr domain name says warez-host and they ban your warez site lol... + they got a message in every of theyr package that they allow linking to rapidshare.com warez files etc. no comment.

now i have found a great host, they just ignore all DMCA.
 
delboy said:
Ok, if you host in the usa you technically have to comply with dmca, so remove the content and then reply back saying you removed it.

if your host is not in the usa they shouldent a) forward dmca to you (unless you specifically requested them to be forwarded) or b) provide any details about you. (The hosting company i am launching certainly will just delete complains, we are a uk host and dmca doesnt apply to uk so our lovely spam filter will be set to delete them automatically.)

If you are with a usa host i would suggest moving host, to a host outside the usa as Dmca does not apply to any country outside the usa, no matter how much those usa lawyers try and pretend it does.
Click to expand...

i agree with delboy. move from USA servers if you have a warez site.
 
m3th3lesh said:
:D nice to get DMCA Notice But i dont know why half of the people get fear of them even if they r hosted on offhsore...can any one tell me
Click to expand...

true, it's not your server anyways... :D so what are you worring about lol.

or do it like Smith said, just remove that one movie and it's done... that's how google does it, rapidshare.com etc.
 
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