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How to find the upstream provider? for DMCA
Posted by Joseph_11, 10-10-2016, 11:58 AM |
sorry guys for the English I hope u dont get headache
some of my content had been spread across the web and I have lost most of my revenue.
I am sending DMCA take down notices to websites that are sharing my contents.
First I usually send a takedown notice to their dmca email address which they introduce in their contact us or support page.
half of the time they ignore that email. (50% of time I dont get any result from that email )
Then I will use WHOIS of the domain to see the website IP address and then I get a whois over that IP to see where it belongs, usually it shows what company own it and there is an Abuse@whatever company .com and when I send my takedown notice there 90% of the time I will get result.
However there are a 10% that fully ignore my emails. The website and the abuse department of hosting will ignore it. These are not well known hosting.
When I check their website there are not clear pricing and sometimes the website designs looks like from 1999.
How can I find the company that provide them internet or datacenter ( their uplevel provider ) so I can ask them to remove my content.
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Posted by SkylakeDC, 10-10-2016, 12:04 PM |
Are they located in United States ? If they are in outside of united states they will ignore your DMCA complaints. I'm confusing about your percentages ???
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Posted by Joseph_11, 10-10-2016, 12:36 PM |
Usually hosted outside USA, but the hosting company has servers inside USA as well,,, forexample: swift way
in regards to percentage.
If I send email to DMCA_agent@piratewebsite.com I have 50% chance to remove the content
If I send email to abuse@hosting-company-of-piratewebsite.com I have 90% chance of removing the content
first one is to website owner and the second one to hosting company, the one to hosting company has a higher chance because the website owner might get his website suspended by its provider if not obey.
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Posted by user54321, 10-10-2016, 01:13 PM |
they can operate in different companies e.g leaseweb every service they have is a own company, so only the law of the country where their datacenter is located is in use. And every Country has it's own way how YOU have to submit your abuse message.
DMCA is NO universal abuse template.
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Posted by SenseiSteve, 10-10-2016, 01:30 PM |
Unfortunately, you're going to have to address this per specific instances, and in some cases, as you've stated, satisfaction will be hard to get. That's a shame because when you work hard to earn some type of income, it isn't fair for cybercriminals to get away with piracy at your expense.
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Posted by Afterburst-Jack, 10-10-2016, 03:39 PM |
If its an EU based company you need to send a copyright infringement notice conforming to the standards expected in the countries implementation of the EU Copyright Directive. Some EU companies will just bin DMCA; whereas some will treat them as notice under the EU directive -- if you sent the notice in the format required by the country they are in, almost all will treat it as valid.
Different countries in the EU have different implementations; so you should tailor it to the country you are sending it to.
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Posted by fairylady, 10-10-2016, 10:20 PM |
You can try to contact their local authority and request them to take action for you, but you need to get ready with all the info, documents and proof to submit to them.
Normally they will only take action when receive the abuse complaint from local authority or else they will just ignore it.
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Posted by Teronton, 10-11-2016, 06:21 AM |
Hello Joseph_11,
like you approach not many contact the website directly cause of the ignorance.
Just for example in Netherlands you are required to contact the website first and than escalate to the ISP.
In Germany you can send directly a formal mail by lawyer which escalates into court.
Anyway the 10% which ignore you could be a target for the local authorities / your lawyer.
Depending where you fight this can be against windmills.
What could help will be the AS behind their IP. You can lookup AS here: http://bgp.he.net/
There you find the peering Partners which could be an option to escalate.
Did you already checked the WHois Information behind the AS?
Are they any useful?
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Posted by AndriusPetkus, 10-11-2016, 07:51 AM |
Contact lawyers in country, where is the data center located. There no other options.
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Posted by Dranzel, 10-15-2016, 12:54 AM |
None of the datacenters in this world will support copyright infringement activities (unless they are not serious about their business).
So get the IP address of the website which hosts your copyrighted content and then do a WHOIS check on the IP address. On the WHOIS page you can find all the details of the IP Space provider and there has to be an email contact provided on the same page. Send a mail on that email ID.
Done.
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Posted by AndriusPetkus, 10-15-2016, 01:51 AM |
And get ignored by the data center. Done.
Companies can't decide it is real or fake complaint. I see sooooo much fake complaints everyday. They coming to google, finding any example with any information inside and sending against their competitors. Sending fake complaints, when it get ignored, coming to online chat and offer to pay if we down the competitor regarding fake complaints. Then starting to send DDOS attacks and so on...
To avoid misunderstandings, I always recommend to contact layers. For example - DMCA is USA law, not a general meaning of the "copyright complaint".
From my 12 years experience in hosting business, recommendations to providers:
Do not accept any complaints from free email boxes like google, yahoo, etc. Most of them is fake.
Accept complaints from lawyers, reputable agencies, local police and reputable security companies. And take care of the complaints immediately.
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Posted by LiteHostCO, 10-15-2016, 04:25 PM |
You should check the parent network in ARIN
Every abuse report i received always were sent to the parent ARIN handle, skiping my arin account, because all agencies want to deal diretly with DC
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Posted by Joseph_11, 10-15-2016, 08:09 PM |
Hiring lawyer is not cost effective for me, as they are very expensive and the final cost is much more than the revenue.
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Posted by ServerAstra - Andrew, 10-19-2016, 11:14 AM |
Joseph_11, depending on the country copyright law is handled differently.
For example in Russia your copyright claim maybe dismissed if it is not in Russian language.
However other countries have different implementation.
Hungary for example can accept your copyright claim but they will need notarised documents supporting your claim to proceed with blocking content.
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Posted by MaxConsulting, 10-19-2016, 11:28 AM |
Generally the upstream provider shouldn't cut any services, you can do the regular procedure which is sending a registered letter, from an attorney, with your terms requesting to cease & desist, after it, and when confirming the receipt of the letter, you can sue the company itself. No troubles.
If you can't afford a lawyer, then you must re-think your business.
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Posted by Joseph_11, 10-19-2016, 02:59 PM |
All roads lead to Rome (united states).
any one have any guide on how to find upstream providers? They are normally American companies or the ones that do lots of business with United states and respect US law. How to find upstream by hosting AS info?
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Posted by SenseiSteve, 10-19-2016, 03:59 PM |
The unfortunate part of this is that not everyone can afford legal counsel, much less the massive amount of time it takes to pursue this. Copyright infringement is a real headache and it's not going away any time soon.
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Posted by user54321, 10-20-2016, 08:44 AM |
They are not liable because you don't do it the right way. So they will ignore you too even if they are US based, so i don't get what benefit you expect from that?
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Posted by parky1, 10-20-2016, 09:34 AM |
Are the websites actually sharing your content hosted on their servers or just linking?
If they are just linking like Google they may not be breaking any law.
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Posted by Joseph_11, 10-20-2016, 03:30 PM |
I am trying to learn on how to do it in the right way, you can share some of your experience here as well
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