Obtaining a warrant

[Zigner]

That answer does not pertain to my Q.

It precisely answers your question. I would suggest that you consult with an attorney about your options. Best of luck to you.

 

[Eekamouse]

You must generally initiate a lawsuit before being able to do civil discovery. Civil discovery will be focused on suing the infringing persons and not on being able to issue a take down notice.

Ok, I thought discovery was only if you have a lawsuit filed and answered. Again, I am not looking to file suit. I will if I have to, but am trying to find another way.

Note that what they are doing (hiding the ball on getting take down notices) is a "bad practice", I don't believe that means they forfeit their privacy rights in the way you want.

I wouldn't say that hiding the ball on getting take down notices means they forfeit their privacy rights; but I would say that knowingly and willingly breaking the law would mean they forfeit their privacy rights.

Cheers.

You obviously don't know anything about the law or courts. Your ignorance is staggering. You should either take a few law classes or hire a lawyer to help you.

 

[tranquility]

Ok, I thought discovery was only if you have a lawsuit filed and answered.

Generally, yes. There are some exceptions that don't apply here.

Again, I am not looking to file suit. I will if I have to, but am trying to find another way.

I know that's what you wrote previously. So, do you think you can get civil discovery? Not unless you file suit.

I wouldn't say that hiding the ball on getting take down notices means they forfeit their privacy rights; but I would say that knowingly and willingly breaking the law would mean they forfeit their privacy rights.

Having a reasonable belief they are willingly breaking the law and BEING WILLING TO ENFORCE IT THROUGH CIVIL LITIGATION, would forfeit any number of their privacy rights though the use of civil discovery. (Often, a subpoena.) Since you are unwilling to do the latter, you don't have the ability to force them to forfeit anything. As to willingly break the law, you might just consider that is not the case until a judge were to decide it or they were to stipulate it.

 

[quincy]

Thanks for the replies. Ok, more info - sure.


I am a songwriter, and some of my music has wound up on some mp3 sites without my consent (not torrent/file sharing sites). I have had some success getting some files taken down:

1) Filling out a DMCA claim
2) Where DMCA links are not available, doing a whois search, and filing a claim with the domain's host (for ex. godaddy).

However, certain sites have no DMCA link available, and no registrar info is found when doing a whois search. I am not sure why the latter; I am going to look into that shortly (it's not due to privacy; that keeps the registrar's name hidden, but should not hide all of the sites info). ...

The Digital Millennium Copyright Act (DMCA) is part of the US Copyright Act, as is its DMCA takedown notice procedure. Other countries do not have takedown procedures the same or similar to this - therefore they will have no DMCA link available for reporting copyright infringement.

Although other countries will recognize the rights of copyright holders from the US, they do so under their own copyright laws.

I suspect that your infringers do not reside in the US. You may want to hire a search firm to locate those who are pilfering your works and then see about taking action against them in their country of residence.