DMCA help please

Big on Hosting. Unlimited Space & Unlimited Bandwidth
Hi All.
looked for an appropriate forum section for this but cannot see one specific .. hope this is the right area.

I run a small web design firm. and a small hosting operation on a windows VPS.

one of my clients web sites has has a DMCA request targeted at it . and i’m not 100% sure on how to deal with it correctly. my VPS host has forwarded me the complaint and given me 24 hours to reply.

The background.. i’ll avoid particulars as not sure if i’m meant to link or be specific .

the site is a training school for a certain extreme sport.
the complaint has been received from another company who administer the qualifications for the sport. eg. if it was a diving school the complaining company would of been PADI (its not a diving school).
anyway .. the website of my client and there company offer training in this sport. and on there lessons page they stated “on completion of your training you can go on to sit your level one xxx-name of sport-xxx instructors examination . learn more about becoming a xxx-name of sport-xxx instructor at www.xx-complainants”

no information has been taken from anyone website. i can only see that that are referring to there name being mentioned and a link to there site being placed

there is no requirement for a trainee to have to of been trained at nay particular authorized training center. and there stating that after they have taught you how to do it that you can go on and take an exam at a center that has an accredited examiner.

i’ve hunted all over google for examples of DMCA cases and can see nothing saying a weblink and a statement saying go here for info could in nay way be classed as copyright .. in fact on chilling they say
Question: Do I need permission to link to someone else’s site?
Answer: In general, if someone is making a website publicly available, others may freely link to it. That open linking is what makes the web a “web.”
i’ve thought about what to recommend my clients puts in there DMCA reply .. and am unsure of where they stand . i could of course just tell the client to remove the text & if its is correct they should not link then that is what i will do.

any advise please anyone ?

there DMCA request (edited to remove names etc is below

Dear Sir or Madam: I, xxxxxx xxxxx, am authorized to act as a non-exclusive copyright agent on behalf of
xxxxx, of the physical address below. I swear under penalty of perjury that I have detected infringements of xxxx
copyright interests as detailed in the report below. I have reasonable good faith belief that use of the
material in the manner complained of in the report below is not authorized by xxxx, my agents, or the law. The
information provided herein is accurate to the best of my knowledge. Therefore, this letter is an official
notification to effect removal of the detected infringement listed in the report below. The report below specifies
the exact location of the infringement. I hereby request that you immediately remove or block access to the
infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with
others the unauthorized materials in the future (see, 17 U.S.C. 512).
Please send a prompt response indicating the actions you have taken to resolve this matter, making sure to
reference DMCA-CASE#xxxxx in your response. Nothing in this letter shall serve as a waiver of any rights or
remedies of xxxxx xxxxx with respect to the alleged infringement, all of which are expressly reserved. If you
need to contact me, my contact information is located at the bottom of this letter.
Evidentiary Information:
Infringing IP Address(es):
Infringed Work(s): http://www.***********/
Infringing URL(s): http://www.xxxxxxxxxx***********/lessons.html
Explanation: The following site http://www.xxxxx***********/lessons.html have taken information from
our website :***********/. We are requesting all xxxxxxx information to be removed immediately.

Last edited by Webdesignthailand; Today at 05:31 PM.

This entry passed through the Full-Text RSS service — if this is your content and you’re reading it on someone else’s site, please read the FAQ at Five Filters recommends:


You can skip to the end and leave a response. Pinging is currently not allowed.

Leave a Reply