Ask HN: What to do when web hosts ignore DMCA's?

2 points by swandive 12 years ago | 8 comments

It was brought to our attention that our files were being illegally posted on www.gfxtra.com. After researching the domain, we sent out 15 DMCA's for each file to both Cloud Flare and LeaseWeb. Here are their responses...

LeaseWeb:

Unfortunately, we cannot handle your request as the mentioned website is being published and protected by the CloudFlare network: 1. The domain is being hosted on CloudFlares nameservers. 2. The domain name resolves to IP addresses under CloudFlares control. 3. When the website is entered in a browser, the browser connects to a CloudFlare IP address.

In LeaseWebs opinion, websites published and protected by CloudFlare,are CloudFlares responsibility. CloudFlare has a direct relationship with the website owner, since the website owner is CloudFlares customer. This puts CloudFlare in the position where they can contact the website owner directly. Also, with the domain name hosted on their name servers and the website being published through their IP’s, they have all the tools at their disposal to remove the website from the internet may the website owner refuse to cooperate. By pointing complainers towards LeaseWeb, CloudFlare is walking away from their responsibility

Cloud Flare:

Please be aware CloudFlare offers network service solutions, including a reverse proxy, pass-through security service and a content distribution network (CDN). Because CloudFlare is a reverse proxy, our IP addresses appear in whois and DNS records for websites using our services. CloudFlare is not a hosting provider, and we do not have access to our customer's content.

More and more of our files keep showing up on the site while both companies continue passing the buck.

What is the best way to deal with this issue?

Thanks for you help!

dragonwriter 12 years ago |

The DMCA takedown provisions are a safe harbor against legal liability -- compliance protects a host against legal liability they would otherwise have to a copyright holder for copyright violations. Implicitly, they are backed by the threat that, if the receiver fails to comply, they will be subject to a lawsuit for copyright infringement.

If you are sending DMCA takedown notices and they are being brushed off, you probably are at the point where you need to talk to a lawyer

swandive 12 years ago | |

Ugh. We're a very small company, and we don't exactly have tons of money to spend on a lawyer at this point.

dragonwriter 12 years ago | | |

Sure, you have limited resources you can expend on legal services -- but you presumably also want the piracy to stop. A consultation -- which shouldn't be too expensive -- will give you a better idea of what your options are and what it would take to pursue them, from which you can evaluate what it is worth doing given the value of the content involved.

013 12 years ago |

Can you not contact the site owner? Or ask Leaseweb to forward your request to the owner? Besides that, I would assume the next course of action would seek legal advice.

swandive 12 years ago | |

We did contact the site owner with all 15 DMCA's and never got a response. He's based in Turkey. Not sure if that helps to shelter him or not.

iancarroll 12 years ago |

Send an email to both LeaseWeb and CloudFlare stating the other party's response.

swandive 12 years ago | |

We did email LeaseWeb with CloudFlare's response, and we never heard back.

iancarroll 12 years ago | | |

I'd just say you will pursue further legal action.