DMCA lawyer recommendations ideally in NY area (20)
I have a lawyer who has been great so far with regards to general IM counsel issues, but for the one "action" I've actually asked of him not much is really happening. It may not be his fault, might just be the fact that DMCA's are typically worthless. Here's the sitch:
Somewhat well-known "scam" forum has a poster who posted my full name, business info, wife's name, and a picture of us in connection to what he charges is my running a massive spyware/virus ring that "DNS hijacks" computers by the millions. In reality, he's referring to the GameVance ads being served because he opted to install their software. I'm a big PPV/popunder buyer. He lists out some other serious, but blatantly false charges, as well.
The the thing that pisses me off is the fact that he found my wife's name and posted it. She's a doctor. Doesn't do internet marketing AT ALL. And this shit ranks high in the SERPs for her, which is bullshit. My name, business info are public records -- so that's fair game -- but accusing me of criminal activity like that I believe crosses lines. For example, someone can't distribute flyers in their community accusing a neighbor of being a pedo without proof. They get sued bigtime for libel/slander.
My lawyer says the picture posted on the forum is owned by me and should be taken down, at the least. 2-3 months has gone by and neither the site owner, registrar or webhost are responding to the DMCA/cease and desists sent to them via email and certified US mail.
If anyone has an aggressive lawyer in the NYC area who has shown results please PM me, or anywhere nationally for that matter. Hourly fees don't matter. Thanks.
/rant
Woah good luck! Could you actually make this a bit of a follow-along? I'd be interested to see how your situation progresses.
What hosting company and registrar are they with? I would think a registrar/hosting company ignoring a legal C&D/DMCA is some serious breach of their legal obligations.
Advertisers a probably good at dealing with this sort of stuff so hopefully someone in the forum has some contacts to help you out!
Damn man, that sucks. Hope it works out... If a DMCA doesn't work, the best bet is to do some reputation management (a la "jesse wilms").
ya man....please keep us posted.....these net-nannys think they have this power and can do and say what they want no matter how wrong they are........I would love to see how to smack this down...
This sounds serious and you're right to be pissed about it. I know those scam watchdog sites can be a real pain, and folks love to use them to excuse their own stupidity.
While I don't have a personal recommendation I can offer you, I'd suggest you find a referral using the legal referral service. I actually had a lawyer friend suggest the service to me and I've used it successfully in the past. You submit your issue and you get paired up with a lawyer quickly. It's affiliated with the New York Bar and it's a no bullshit service; your first consultation is a flat fee, $35 I believe, so it's also extremely low risk.
Check it out here: Legal Referral Service
I would recommend giving it a go; at the very least, if the first lawyer you consult with can't help you out, they'll be able to refer you personally to someone who can.
I'm also curious....where in the hell did he get your info from? No private whois on the domain or what?
Whois'd my tracking domain which does have private Whois, so he bought the Whois history records to see original registrant. Original registrant name (for the first two days i owned the domain) was a moniker for my company. Googling the moniker connects to my s-corp name. Stupid mistake on my part, but I registered this tracking domain close to four years ago before I came to realize how nuts some people are.
I had an employer that was being 'held ransom' by one of those boards. He got a libel attorney and within 2 weeks all traces and back records were gone. esp. the case of involving a non-business entity (your wife) there are measures that can be done. just need the right hired gun
(what would the world be without programmers and lawyers keeping each other in check :P)
Originally Posted by phoenix
this is worth a shot.... call Enrico @Traverse Legal... mention my name (Steven Maroulis). Enrico specializes in domains and internet Law.. He helped us big time on a Verizon subpoena/lawsuit when they went nuts and tried to sue one of our forums for all member personal records 
I can vouch for him he's top notch...
Enrico Schaefer, Attorney
Traverse Legal, PLC
TraverseLegal.com
enrico.schaefer@traverselegal.com
231-932-0411 (office)
231-932-0636 (fax)
PS I have his cell # but reluctant to post here so PM me if you can't get through to him...
PPS Good luck and keep us posted..!
may I grab this info too for any future use ? ^^^
best to know the 'plumber' before the leak happens and leaks always happen when you own a house or rent.
^ absolutely
@sm1810 - thanks! Might try reaching out next week.
Update: nothing happened. Shit's still online. Host and registrar (both small little no name companies) both ignored.
Anyone know any hardcore SEO guys so I can bury this shit? PM me.
Drop me a line. You have my AIM and email
Ari
Does the site that has posted your info monetise using adsense or anything?
yes they do
wow, good luck. Makes me think I should start over with a new company name and try to really cover my tracks right from the start this time. What a nut job.
Originally Posted by invisible777
How did he get you and your wife's info is my question?
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