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Old 2004-07-21, 08:26 PM   #1
Ramster
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C&D Order and More

I need a standard C&D Order I can send out to a host regarding a thief.

Also, who can I inform regarding fake whois info? This guy is pissing me the fuck off!
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Old 2004-07-21, 08:58 PM   #2
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I'm not a lawyer and don't even play one while involved in kinky bedroom games but here is something that I use when I find my images stolen.

LEGAL NOTICE

You are hosting a site that has stolen copyright from my web site (www.MYSITE.com). The site you are hosting is http://www.YOUSITE.com . The work was posted originally on http://www.MYSITE..com/FREESITE/ .


Copyright Infringement carries penalties of up to $200,000 per incident (per photograph) and as the host of this site you are facilitating this crime. There are several interested parties that are ready and willing to file affidavits and testify to begin prosecution against you for Copyright Infringement.

I demand that you remove all work that belongs to me or shut your sites down immediately. If the infringing work are not removed within 48 hours, I will file criminal charges against you. More immediately, we will notify the ISP that hosts the sites mentioned above and all of your Internet sites will be permanently shut down within a few hours of our contact with your ISP.

Notify me immediately regarding your intentions. If I do not hear back from you within 48 hours, I will have your ISP terminate your sites and then I will begin prosecution.

Please do not fail to take this notice seriously. I have had sites shut down for what you are doing with rewards of pursuing prosecution for Copyright Infringement. I have experience and know the process. I sincerely hope it will not come to that and that you will do the right thing and save us all much stress and distraction.

I await your response and immediate removal of all infringing work.
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Old 2004-07-22, 02:03 PM   #3
airdick
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Re: C&D Order and More

Quote:
Originally posted by Ramster
I need a standard C&D Order I can send out to a host regarding a thief.
You probably want a DMCA takedown notice. You can find an explanation of what exactly needs to be in your takedown notice here:

http://www.learnaboutlaw.com/learnaboutDMCA.htm

The same site also has a sample takedown notice that you can look at:

http://www.learnaboutlaw.com/documen...tification.rtf

Hosting companies that are of any size deal with this stuff all the time and often their legal deparments won't allow them to take any action until you send a notice that complies with the provisions of the DMCA.
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Old 2004-07-22, 05:20 PM   #4
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Note to self - Do not fuck with Cleo.

Doh, I already had that written down!
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Old 2004-07-22, 06:46 PM   #5
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Thanks all!
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Old 2004-07-23, 09:40 AM   #6
AcidMaX
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I would get an attorney to draft you one Ramster. It wouldnt be that much and would cover many of the laws in Canada. Keep in mind you want to make sure you have an actual legal ground to stand on. If you send something that doenst inform the person of actual laws in Canada and you go to court it could be a loophole for them to not be charged. Just something to think about.

Andy
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Old 2004-07-23, 05:16 PM   #7
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Quote:
Originally posted by AcidMaX
I would get an attorney to draft you one Ramster. It wouldnt be that much and would cover many of the laws in Canada. Keep in mind you want to make sure you have an actual legal ground to stand on. If you send something that doenst inform the person of actual laws in Canada and you go to court it could be a loophole for them to not be charged. Just something to think about.

Andy
Don't hire a lawyer unless you need to. I send about 5 to 10 a year and basically just send a note to the host that says "This is stolen, I'm the owner, look here to double check, and the content is always gone in about 48 hours and usually less then 24.

If that doesn't work then go invade another country or give money to those that want to.
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Old 2004-07-23, 05:22 PM   #8
AcidMaX
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Quote:
Originally posted by SirMoby
Don't hire a lawyer unless you need to. I send about 5 to 10 a year and basically just send a note to the host that says "This is stolen, I'm the owner, look here to double check, and the content is always gone in about 48 hours and usually less then 24.

If that doesn't work then go invade another country or give money to those that want to.
You would only have to hire them one time to get something generic. I just always try to cover my own ass I have been burned way too many times, thats why I always suggest using a lawyer to draft documents. Costly now, usually saves when you really get burned. Of course that is just one mans opinion
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