(Locked) Auto-DMCA Sender

omarabid said

xstortionist said
Dont’ know how many I have to say this, but you cannot use software to send out DMCA notices. You have no idea what you will get yourself into by doing this. For one, most people don’t know this, but you have like 14 days after the DMCA receiver stats that they did nothing wrong to take them to court, in their state. If you do nothing, then they are free to use your pirated files and you cannot send another DMCA notice.

I didn’t understand. Could you elaborate more or explain it in a different way?

DMCA is a USA law, which means in order to take the legal route, you’ll have to come to america to persue the DMCA notice in USA soil.

After you file a DMCA notice, the user can respond back and say that they have done nothing wrong, which gives you a limited amount of days to take legal action.

Then you have to hire an american lawyer, travel to the state the person is in that stole your work, and finally you have to prove that you have some type of loss.

It’s a big mess to be honest with you. People abuse the DMCA system to a point where they don’t really understand it.

xstortionist said

omarabid said

xstortionist said
Dont’ know how many I have to say this, but you cannot use software to send out DMCA notices. You have no idea what you will get yourself into by doing this. For one, most people don’t know this, but you have like 14 days after the DMCA receiver stats that they did nothing wrong to take them to court, in their state. If you do nothing, then they are free to use your pirated files and you cannot send another DMCA notice.

I didn’t understand. Could you elaborate more or explain it in a different way?

DMCA is a USA law, which means in order to take the legal route, you’ll have to come to america to persue the DMCA notice in USA soil.

After you file a DMCA notice, the user can respond back and say that they have done nothing wrong, which gives you a limited amount of days to take legal action.

Then you have to hire an american lawyer, travel to the state the person is in that stole your work, and finally you have to prove that you have some type of loss.

It’s a big mess to be honest with you. People abuse the DMCA system to a point where they don’t really understand it.

While that may be the case, in practice a DMCA takedown notice will result in the removal of the pirated file 99% of the time (even outside the US in countries with similar laws), considering most hosts just don’t want to open themselves up to the liability. It doesn’t really matter if you intend to take legal action or not. For those that refuse – oh well, they’re in the minority.

Of course, sending inaccurate DMCA takedown notices would be a very bad idea (and therefore automation can be risky), though the likelihood of a “falsely accused” service provider pursuing legal action would be pretty low I’d expect.

Whether the process is worth undertaking in the first place is up to the individual to judge.

xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

sevenspark said

xstortionist said

omarabid said

xstortionist said
Dont’ know how many I have to say this, but you cannot use software to send out DMCA notices. You have no idea what you will get yourself into by doing this. For one, most people don’t know this, but you have like 14 days after the DMCA receiver stats that they did nothing wrong to take them to court, in their state. If you do nothing, then they are free to use your pirated files and you cannot send another DMCA notice.

I didn’t understand. Could you elaborate more or explain it in a different way?

DMCA is a USA law, which means in order to take the legal route, you’ll have to come to america to persue the DMCA notice in USA soil.

After you file a DMCA notice, the user can respond back and say that they have done nothing wrong, which gives you a limited amount of days to take legal action.

Then you have to hire an american lawyer, travel to the state the person is in that stole your work, and finally you have to prove that you have some type of loss.

It’s a big mess to be honest with you. People abuse the DMCA system to a point where they don’t really understand it.

While that may be the case, in practice a DMCA takedown notice will result in the removal of the pirated file 99% of the time (even outside the US in countries with similar laws), considering most hosts just don’t want to open themselves up to the liability. It doesn’t really matter if you intend to take legal action or not. For those that refuse – oh well, they’re in the minority.

Of course, sending inaccurate DMCA takedown notices would be a very bad idea (and therefore automation can be risky), though the likelihood of a “falsely accused” service provider pursuing legal action would be pretty low I’d expect.

Whether the process is worth undertaking in the first place is up to the individual to judge.

The host doesn’t just take the file down. By law they have to give you 14 days to act on the DMCA notice. If you respond to the DMCA notice and state that you did nothing wrong, then you the sender of the DMCA notice must file suit. If you do not file suit within the short time frame, then the web hosting provider will allow you to put the files back up and you cannot send another DMCA notice for the same file because you didn’t file suit. Which means, that you are stating that they didn’t do anything wrong.

That’s where people screw up and don’t understand the law. The web host will just not suspend your account and they will not act as a 3rd party litigator. They will follow precautions and make sure that their name is clear. They will give you the benefit of the doubt as well. I have hired a copyright lawyer in the past and I’m familiar with the process.

If you find someone who is releasing your files for free, then you can go ahead and send out the automated DMCA notices, but just be warned that if you do not follow through with the notices, that you are just screwing yourself over.

Also note, lets say you mistakenly put a wrong URL in the automated system and you send the DMCA notice to a very wealthy company who doesn’t enjoy having fingers pointed at them. You could be in a world of trouble for falsely accusing them of doing something they didn’t do. I don’t think you will want to take that chance against a large corporation. You could end up paying a large sum of lawyer bills and just look like a complete ass.

Then when you go to the judge and they ask “why are you using a system to send out notices where there can be human error involved?” You had better have a damn good answer!

I’m all for getting these pirates off of the internet, but I don’t believe the correct way to do it is by an automated system. That’s just being lazy.

MelforDMThemes said
xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

For one, it’s just being lazy. Why would you leave this type of serious issues up to an automated program to handle? That doesn’t make sense to me.

That’s where the good olde saying “If You Want It Done Right, You Have to Do It Yourself” comes into play.

xstortionist said

MelforDMThemes said
xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

For one, it’s just being lazy. Why would you leave this type of serious issues up to an automated program to handle? That doesn’t make sense to me.

That’s where the good olde saying “If You Want It Done Right, You Have to Do It Yourself” comes into play.

You are also putting all your hard earned money on your bank to take care of it and keep it save. You ain’t keepin it under your pillow, right? Just a matter of consuetude. Well, it the automatic DMCA sender proves himself trustworthy of course.

MelforDMThemes said

xstortionist said

MelforDMThemes said
xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

For one, it’s just being lazy. Why would you leave this type of serious issues up to an automated program to handle? That doesn’t make sense to me.

That’s where the good olde saying “If You Want It Done Right, You Have to Do It Yourself” comes into play.

You are also putting all your hard earned money on your bank to take care of it and keep it save. You ain’t keepin it under your pillow, right? Just a matter of consuetude. Well, it the automatic DMCA sender proves himself trustworthy of course.

Actually, I keep all of my money in a safe within my house. Then I exchange my money for Gold when necessary. Money I make on this site goes on a pre-paid card that I use for gas.

You are your own master. Do as you’d like. Personally, I don’t send automated DMCA notices.

xstortionist said

MelforDMThemes said

xstortionist said

MelforDMThemes said
xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

For one, it’s just being lazy. Why would you leave this type of serious issues up to an automated program to handle? That doesn’t make sense to me.

That’s where the good olde saying “If You Want It Done Right, You Have to Do It Yourself” comes into play.

You are also putting all your hard earned money on your bank to take care of it and keep it save. You ain’t keepin it under your pillow, right? Just a matter of consuetude. Well, it the automatic DMCA sender proves himself trustworthy of course.

Actually, I keep all of my money in a safe within my house. Then I exchange my money for Gold when necessary. Money I make on this site goes on a pre-paid card that I use for gas.

You are your own master. Do as you’d like. Personally, I don’t send automated DMCA notices.

Okay, this discussion is useless All the best

MelforDMThemes said

xstortionist said

MelforDMThemes said

xstortionist said

MelforDMThemes said
xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

For one, it’s just being lazy. Why would you leave this type of serious issues up to an automated program to handle? That doesn’t make sense to me.

That’s where the good olde saying “If You Want It Done Right, You Have to Do It Yourself” comes into play.

You are also putting all your hard earned money on your bank to take care of it and keep it save. You ain’t keepin it under your pillow, right? Just a matter of consuetude. Well, it the automatic DMCA sender proves himself trustworthy of course.

Actually, I keep all of my money in a safe within my house. Then I exchange my money for Gold when necessary. Money I make on this site goes on a pre-paid card that I use for gas.

You are your own master. Do as you’d like. Personally, I don’t send automated DMCA notices.

Okay, this discussion is useless All the best

The discussion isn’t useless. There are many great facts that people can use for their own beneficial gain.

xstortionist said

MelforDMThemes said
xstortionist, I don’t see why this speaks against the concept of an automatic DMCA sender? What happens after you sent them is probably luck, but if you send them regardless why don’t use an automatic sender?

For one, it’s just being lazy. Why would you leave this type of serious issues up to an automated program to handle? That doesn’t make sense to me.

That’s where the good olde saying “If You Want It Done Right, You Have to Do It Yourself” comes into play.

You make some good points. I have thought about the problem of sending incorrect links, but I’m planning an algo. which will garantee that most (99.9%) are valid pirated links.

I’m not sending DMCA to hosts. I’m sending them to file sharing websites. I will regularly check that my automated script is not doing something wrong, and will probably do manual checking in the beginning.

So why use an automated service and not send them yourself?

Because for products it’s different than content. There are hundred of pirate sites, and they upload to many hosting sites. You have hundreds of DMCA to send, not a funny job.