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    Copyright Issues - Anyone dealt with www.theplanet.com before?


    Theplanet.com is a web hosting provider. I sent over some DMCA notices for sites they host but it seems to be like pulling teeth to get any response out of them.

    Anyone dealt with this particular host regarding copyright issues before?
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  3. rod@missionop.com
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    Originally Posted by realityhack
    Theplanet.com is a web hosting provider. I sent over some DMCA notices for sites they host but it seems to be like pulling teeth to get any response out of them.

    Anyone dealt with this particular host regarding copyright issues before?
    Sometime the alleged infirnger can also be the the online service provider under a different name... which could be a reason for no contact... or you didn't mail the correct address and/or that person could be away and not receiving such mails.

    You don't have a clue... but if you follow DMCA "PRCISELY" the fault can't be yours.

    Use the contact information from the DMCA Designated Agent form

    http://www.copyright.gov/onlinesp/agents/p/planet.pdf (please ensure this is the correct company to contact...

    There are 4 providers referenced as http://www.copyright.gov/onlinesp/list/t_agents.html

    • ThePlanet
    • ThePlanet.com
    • ThePlanet.com Internet Services
    • ThePlanet.com Internet Services, Inc.


    Which means you could be communicating with the wrong one... IMHO they are all the same company but different forms show different communication channels so I would email "ALL" and then they can't claim they didn't receive your communication.

    I would also fax and register mail your claims as well.

    ____________________________________________

    In order to be protected from claims themselves they must limit access to alleged infringements within 10-14 business days... which means they can notify the alleged infringing party and request a counter-claim

    Then it is up to you to show proof of court action.

    If you have send your claims to ALL COMMUNICATION CHANNELS on all the DA forms (including register mail which needs a singature to be received) and waited 14 business days... and still no response their protection is void... you can sue for coercion.

    You thus have both a civil and criminal claim.
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  5. rod@missionop.com
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    BTW... if you haven't officially registered your copyright... you should... because you are, in fact, only bluffing with a Ace high hand.

    Comments on this post

    • realityhack agrees : Excellent advice for all. - Sorry no rep for you right now.
    Last edited by fathom; Sep 16th, 2009 at 01:43 PM.
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    Thanks for the advice Fathom. I did check to make sure I got the right email address. They have a special copyright infringement address.
    The other hosting providers I have dealt with have not been a problem like this. Most act swiftly.

    BTW The service provider does not have 14 days to act on a DMCA notice. They must act 'expeditiously' which has no specific legal definition but is generally considered to be within about 24 hours for a normal full time hosting company.
    http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation _Act#Meaning_of_.22expeditious.22
    The 14 days is the upper limit on replacing content after a counter-notification is filed (barring any court action).
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  9. rod@missionop.com
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    Originally Posted by realityhack
    The service provider does not have 14 days to act on a DMCA notice. They must act 'expeditiously' which has no specific legal definition but is generally considered to be within about 24 hours for a normal full time hosting company.
    http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation _Act#Meaning_of_.22expeditious.22
    The 14 days is the upper limit on replacing content after a counter-notification is filed (barring any court action).
    'Expeditiously' - is somewhat subjective....

    It doesn't mean within 24 hours (the legislation would have said that finite period)...

    It doesn't mean any specific time frame ... so while you claim (suggest is generally considered to be within about 24 hours for a normal full time hosting company.)

    That's merely an interpretation.

    What "IF" you push this to court and the ISP provided a complete record of events that denote the person whom monitored that email address is dead and they produced a death certificate.

    In this case, 'expeditiously' means - we hired a replacement employee 7 days after the death of the past DA officer and because we haven't had a single claim in 4 years DMCA specifics wasn't a high priority... even if we are a normal full time hosting company.

    That's plausible.

    The simple fact is the only thing DMCA does - is protect "THE PLANET" from you making a claim against them... it really doesn't help you protect your copyright... thus the ISP will likely get a benefit of a doubt that 'Expeditiously' means... somewhat longer than 1 day or a few days or two weeks.

    You'd be hard press to prove it means 24 hours.

    Be that as it may, I suggest you avoid interpreting the language and email all addresses, fax to all numbers, and register mail... and even phone the company looking for the specific agent because your claim isn't against them.

    Counterpoint... calling and asking for the designated agent and then asking them if they have received your claim... beats assuming they did and now believing they are aren't being expeditious.
    Last edited by fathom; Sep 16th, 2009 at 01:42 PM.
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    Originally Posted by fathom
    'Expeditiously' - is somewhat subjective....

    It doesn't mean within 24 hours (the legislation would have said that finite period)... [etc.]
    Yes I understand that. And I understand they will get the benefit of the doubt (though I seriously doubt that without serious extenuating circumstances this particular provider could get away with two weeks). As you point out this is a side issue.

    One issue is that I did receive a response on one of the notices but it was not a useful (or I suspect legal) one. On the other nothing. Contacting them to find out if they received the notices and what the status is has proven... difficult. I will give it a little more time.

    It honestly isn't a huge deal. It isn't like I am hemorrhaging millions every second the stuff is up. I am just venting because my other experiences with site owners and hosts have been great and then I run into one host that seems like they are trying to do everything possible to assist the sites infringing on my copyrights (and I am guessing in at least one of these cases some other peoples as well).

    Basically I know what to do but I was wondering if anyone had any specific advice for this particular host. Plus venting about it lowers my frustration level some.
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  13. rod@missionop.com
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    Originally Posted by realityhack
    Yes I understand that. And I understand they will get the benefit of the doubt (though I seriously doubt that without serious extenuating circumstances this particular provider could get away with two weeks). As you point out this is a side issue.

    One issue is that I did receive a response on one of the notices but it was not a useful (or I suspect legal) one. On the other nothing. Contacting them to find out if they received the notices and what the status is has proven... difficult. I will give it a little more time.

    It honestly isn't a huge deal. It isn't like I am hemorrhaging millions every second the stuff is up. I am just venting because my other experiences with site owners and hosts have been great and then I run into one host that seems like they are trying to do everything possible to assist the sites infringing on my copyrights (and I am guessing in at least one of these cases some other peoples as well).

    Basically I know what to do but I was wondering if anyone had any specific advice for this particular host. Plus venting about it lowers my frustration level some.
    I do understand (the venting part).

    That said... you provide notice, confirmed notice and still no action you can go around them and take it up with their upstream ISPs, include the communication you had with their customer. I'd refer to their AUP (not DMCA) and ask them to enforce it towards their customer.

    To find out who they are, you could do traceroutes, but you'll not find all of them, to get that you need a view on the global routing table.

    It isn't a replacement for court action but it does force that ISP into a corner as their upstream has more to lose than the downstream so they are more willing to force the issue... and the ISP can't be in business without their bandwidth pipeline... so that "usually" gets their attention really fast.... and if not their pipe is gone and so is the alleged infringement.
    Last edited by fathom; Sep 16th, 2009 at 07:57 PM.
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    Thanks Fathom. That is good advice if it reaches that level.
    If I get no satisfactory response from my emailed notices my normal escalation is to have our law firm send hard copy. It is an expense but coming on their letter head tends to get attention. If that fails I will go upstream.
    I am not trying to be a total [expletive omitted] to the host. They probably have thousands of other sites that are just fine. So I will go up one notch at a time. But if the letter fails than I would definitely go upstream.

    Also I appreciate your listening to my ranting.

    It just boggles my mind that a major host can be so slow and strange about responding to these things.

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