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How to: DMCA TakeDown


ColdBlooded

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A new website has recently popped up that is providing a bunch of peoples' paid mods for free. I for one am not going to just sit around and let them get away with it. If one of your mods is being given away freely anywhere you need to send a DMCA takedown notice to their hosting company as soon as possible. The more people sending them DMCA takedowns the more likely it is that they are going to take action.

So here is a sample DMCA Takedown Notice for you. Edit it accordingly, and send it to their host:

quoteS.png Quoted

Subject: DMCA/Copyright Infringement Notice

Dear Sir or Madam:

A website hosted by your company on publishing system having the host name ?OFFENDING SITES HOSTNAME (eg. vps.sh.servebyte.com)? and the IP address OFFENDING WEBSITE IP ADDRESS, infringes upon our exclusive rights in a number of copyrighted works. The copyrighted work at issue are the scripts that appear where you publish and have been published without authorization at the URL and IP address indicated.

OFFENDING WEBSITE URL

The above referenced URLs provide, without authorization, the ability to download copyrighted works produced and owned by me, YOUR NAME. Below, please find details regarding the infringing URL, and original URL for each of these copyrighted works.

Offending URLs:

Put URLS of where your mods are available here

Owner?s (my) URLs:

Put URLS of where your mods are available for sale by you here in order respective to offending URLS

All of the listed infringements were observed on May 24, 2009, 15:09:10

Please remove the referenced material from your service at once, and take other appropriate action against the account holder to prevent future infringement.

Pursuant to the Digital Millennium Copyright Act, this letter serves as actual notice of infringement in the event of legal proceedings. I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact me promptly to confirm the action you have taken.

Regards,

Your Name

Your Email Address

Your Street Address

Your City, State Zip

Your Daytime Phone #

I can't guarantee that this will produce any satisfying results, because it really depends on whether or not the host obeys the DMCA, but still better than nothing either way.

[align=center]Post was written by Arson

[align=left]Note by MCCodes:

If you are unsure who the site is being hosted by, Use a free an easy WhoIs.net

[/align][/align]

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A few more things I would like to add.

A DMCA takedown request can be very short indeed.

If you can prove that something is your's, it will be taken down.

Another thing I mentioned missing from the above document: Your signature, or a scanned version of it. It is required.

Also, not all countries supports the DMC Act, so do check if the hosting provider's country supports it. If not - send a formal copyright letter to them.

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My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME. A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.

An article was copied onto your servers without permission. The original ARTICLE/PHOTO, to which we own the exclusive copyrights, can be found at:

PROVIDE WEBSITE URL

The unauthorized and infringing copy can be found at:

PROVIDE WEBSITE URL

This letter is official notification under Section 512© of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Thank you.

/s/YOUR NAME

Address

City, State Zip

Phone

E-mail

Source: Ip Watchdog

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