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Got my first DMCA Takedown Notice. Is this something to worry about? (16)


09-07-2011 02:04 AM #1 leeches (Member)
Got my first DMCA Takedown Notice. Is this something to worry about?

It was sent to my domain provider and forwarded to me. They basically want the pages taken down (which I did) for using their companies logo but also mention I was collecting emails and trying to get people to sign up for a subscription service (coreg) which their company would never do.

It looks fairly straight forward and besides having to kill a campaign that was on absolute fire (page was only up for 6 days or so), it doesn't appear very threatening to me but just want to make sure.
Thanks
leeches


09-07-2011 02:12 AM #2 polarbacon (Moderator)

my advice is contact them via email....ask for exactly what the want....do what they want.....get them to confirm to you in an email that you have done what they wanted.....don't do anything again with their trademarks

you really need to get them to confirm to you in the email that you have done what is required and that they consider this matter resolved....without that you open up the possibility that they can come back to you at a later date and say you did not comply....


it sounds scary on the surface...but as long as you do what they say...(and the email thing is a big part)....your fine.....

and just so you know I did seek legal counsel on one I got (as it was from a very large and scary legal firm backed by a very large corp) and that is what they recommended me to do


09-07-2011 02:13 AM #3 index (Member)

Just take the page down and don't respond any further. They will likely just go away.

I got a DMCA Takedown notice from the company behind Hydroxatone and got kind of scared, because I thought "wow they are a huge company and are going to fuck me!"- I asked my host if they gave Hydroxatone my personal details and they said No, of course not.

So just take down the campaign and don't respond. If you do respond, you are basically taking the bait and they may reel you in.


09-07-2011 02:30 AM #4 leeches (Member)

I have my whois info blocked and it was only up for a few days with all the proper disclaimers but did interfere with their big promotion they have going on now. I assume that's why it was noticed so quickly but also why I made so much money so fast I think I will wait since I took it down immediately but if I get another notice regarding this, then I will email them. Thanks for the help guys.


09-07-2011 03:42 AM #5 stackman (Administrator)

Don't respond. Unless they directly ask you to. Even still, i wouldn't respond right away.

I've received quite a few of these in the past, i just take down what is asked, sometimes get rid of the domain completely and never respond and it's worked fine every time. I was told this advice from someone who ran a large file sharing site a couple years ago.

If it's more serious though do what you think you need to do or contact a lawyer for an hour, but most likely if you just get rid of everything and don't respond you'll be fine.


09-07-2011 03:49 AM #6 polarbacon (Moderator)

Quote Originally Posted by leeches View Post
I have my whois info blocked and it was only up for a few days with all the proper disclaimers but did interfere with their big promotion they have going on now. I assume that's why it was noticed so quickly but also why I made so much money so fast I think I will wait since I took it down immediately but if I get another notice regarding this, then I will email them. Thanks for the help guys.
when all it takes is a few emails back and forth.....so I can sleep well at night.....I choose the emails.....


09-07-2011 04:13 AM #7 z6marketing (Member)

Getting a DMCA is a rite of passage. Welcome to the industry.


09-07-2011 12:54 PM #8 eliquid (Member)

I've gotten a few as well. I am super paranoid over shit like this since I have a family, house, cars, boats all paid for and also do not want to effect my income.

What I have set up now is essentially buying my hosting with prepaid Amex's ( using generic billing info ) and most of my hosting is offshore. Also, my domain registrations are also offshore using fake whois info as well as private whois, so if they penetrate the private whois they end up with fake info anyways. This is also paid with prepaid Amex's.

The only trail left is the money and all of my affiliate networks have my LLC info and bank info.

I know it sounds like a a lot of work, but it really isn't. If I get a C&D I just remove what they ask for, but at least they never get my real info to hold on to ever and if they go as far as asking the network for my info, I have that layer of protection the LLC provides me. The only way I could improve this is having an offshore bank account and moving my business offshore so the money trail is also offshore. I guess they could also pull my IP used to register for hosting/domains, but most attorneys will not go this far. I just make it difficult for them to where they either give up, or have to spend a lot more time finding me.

In the very worst event, I lose my domain or hosting.. but those are easily replaced most times.


09-07-2011 01:02 PM #9 vidivo (Member)

I got a DMCA notice and EpicDirect (fuckers) suspended my account permanently.


09-07-2011 02:52 PM #10 cpakiller87 (Member)

what's usually the reason they send these out?


09-07-2011 06:52 PM #11 theguvna ()

I've had 3... usually I just comply within the time period specified. For example, one time they said I had 15 days to comply, so I ramped up the campaign for the next 15 days to squeeze out what I could, then took it down. One time it was just an issue of changing 1 image, so I kept everything else intact and found a similar image.


09-07-2011 07:09 PM #12 ppchound (Member)

Shoemoney shot an interesting video regarding DMCA notices sometimes last year. It may still be on his blog (shoemoney.com).

He found some guy using his stuff and issued a DMCA. The guy ignored it. It ended up costing that guy over $100,000.


09-07-2011 09:15 PM #13 stackman (Administrator)

Quote Originally Posted by cpakiller87 View Post
what's usually the reason they send these out?
It can actually be about anything. It's just a notice that a company may take legal action.

Ironically i got one yesterday for owning a domain thats similar to a big brand. They want me to transfer it to them, but i'd rather just get rid of it. I may comply though, and transfer it since it's a simple process


09-07-2011 11:24 PM #14 z6marketing (Member)

Transfer it to them, and then send their billing department an invoice for $2,500.00 for transfer fees and service charges. That'll show them.


09-08-2011 12:35 AM #15 rawservices (Member)

I got one. Complied by taking the site down ( wasn't making money anyways ).

Had them confirm by e-mail of course. ALWAYS HAVE THEM CONFIRM IN WRITING! ( e-mail / fax )

It's not that big of a deal, and like z6 says, a "rite of passage" ;-)


09-08-2011 02:12 AM #16 polarbacon (Moderator)

Quote Originally Posted by rawservices View Post

...... Always have them confirm in writing! ( e-mail / fax )

....
^^^this.......


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