Cease and Desist Ignored

[dharvell]

What is the name of your state (only U.S. law)? Michigan

In May of 2009, my music project (Null Factor) released an album containing 10 full-length musical works. The name of the album is, "(in)finite".

About 60 days ago, I discovered that my album, "(in)finite", was being hosted for free download at a website called hotfile.com. Upon discovering this, I sent hotfile.com a cease and desist message that adhered to the structure outlined in the DMCA. My understanding is that a response from the alleged offender must be submitted or acted upon within 30 days.

I just checked hotfile.com - my recordings are still available.

It appears as though hotfile.com has disregarded my cease and desist. In this case, what are my rights? What are the best routes to exercise my rights?

Any information regarding this would be extremely appreciated. I gratefully await your reply.

 

[justalayman]

you might want to contact them to determine if they have actually received your take down demand. E-mail, just like snail mail before it, has been known to not be 100% dependable.

 

[dharvell]

Justalayman

I shall do just that.

If they do not reply to THAT e-mail, either, where do I go from there? I've never been faced with such a thing, so this is new territory, for me. Part of me is flattered, but a larger part of me really isn't that into giving out my creations for free! =]

Thanks for your reply!

 

[tranquility]

IP is not a do it yourself project. If you are unhappy, see an attorney who specializes in such things.

 

[racer72]

There is probably nothing you can do unless you can get the website's host to shut down the site, even this will be difficult.

Domain hotfile.com:
Hotfile corp.
34-20 Calle 34
Panama City, 5 PA

Administrative contact:
Technical contact:
Billing contact:
Hotfile corp.
Hotfile corp.
[email protected]
34-20 Calle 34
Panama City, 5 PA
Phone: +55.1331133092
Fax:

Record dates:
Record created on: 1997-12-22 05:00:00 UTC
Record modified on: 2009-09-15 08:24:09 UTC
Record expires on: 2012-12-21 UTC


The website is based in Panama. Do a whois search of the actual links to your music to find out where the files are actually hosted. It the site is hosted outside the US, you are likely out of luck.

 

[dharvell]

TRANQUILITY - I'll just ignore your comment as it seems unrelated to any conversation I have been a part of, thus far - not to mention unnecessarily rude.

RACER72 - I'll do my research on where the files are actually hosted. If they are not hosted in the USA, chances are they probably cite fair use under an international fair use act that I fail to recall the name of, at the moment. The good news on that front is, if they ARE citing fair use under that mystery act, it should be easy to research the name. Once I get the name of the act, there is an institution that monitors use under this act. If the offending file host is violating that international act by hosting my music without license from that monitoring institution, that institution will have the website pull my music on my behalf. Now, I just need to figure out where the actual files are hosted...

 

[tranquility]

I'm sorry you find my posting rude and not on point.

Continue to waste your time sending already ignored notices.

 

[dharvell]

TRANQUILITY - Okay... I'll bite. Where did I EVER say I was unhappy? What are you referring to? Mind reading isn't my forte, so perhaps, a better explanation will help you get your point across... Also, as I live in Michigan, Intellectual Property specialists are rare to find. In fact, I am not aware of Michigan having such specialists, unless you are willing to travel to Detroit. Sadly, Detroit is on the completely other coast of Michigan (I live right along the Lake Michigan beach front on the Western side of the state... Detroit is very much on the East side of the state - about a 5 hour trip on a good day).

 

[Zigner]

Tranq - the OP was looking at your signature line without realizing that it was directed at him specifically.

 

[divgradcurl]

Send the notice by certified mail or fax, if you have a fax number, to the designated agent for the website.

Once you have assurance that they have received your takedown notice, and assuming your takedown notice is in compliance with 17 USC 512(c), if they do not remove the materials in a reasonable time, your next step is to file a lawsuit alleging copyright infringement against the website.

 

[tranquility]

For such a specialist, they don't really need to know a lot of facts up front. Most of the work can be done over the phone.

 

[quincy]

dharvell, divgradcurl is an IP attorney, so you can't get advice much better than his on this.

However, I did want to let you know that IP attorneys do exist in Michigan outside the Detroit area. In fact, if you stand outside and put your arms out and turn around, you are bound to hit an attorney who can direct you to a firm near you that handles IP law. Attorneys do seem to like the sandy beaches.

In Marquette in the UP south to Petoskey to Traverse City to Muskegon to North Haven and South Haven to Benton Harbor, or inland a bit to Sturgis and Grand Rapids and Kalamazoo and Mount Pleasant and up, up up again through central Michigan, you can find IP attorneys. If you decide to call one to handle your matter, therefore, you should be able to locate one closer to you than Detroit.

You can use the "Find an Attorney" resources on this site, or you can contact the Michigan State Bar Association for an IP attorney near you.

 

[dharvell]

DIVGRADCURL - Good advice. I will definitely follow through with that, tomorrow (5/19/2010). Sending e-mail seems to be a good way for the request to "conveniently" get lost in the shuffle.

QUINCY - I had an issue about 2 years ago where a Russian site had my music for free download. The site claimed fair use under some Russian law. To help me sort through it, I did a search in my area for IP attorneys... I struck out. I have since moved to a more populated region in Western Michigan. Grand Rapids is about a 30-minute jaunt, so maybe I can find a helping hand there. Oh yeah... it turned out, by the way, that the Russian site was shut down by the Russian authority that keeps track of fair use licensing. There's hope, but I have a feeling it's going to be an uphill battle!

 

[justalayman]

detroit IP attorneys - Google Search


grand rapids IP attorneys - Google Search


I'm not sure about an IP attorney in Benton Harbor though. The town is still pretty much a ghost town. Go across the bridge to St. Joe and you will probably have better luck.

 

[dharvell]

UPDATE:

Taking the advice as I received it, I sent a "SECOND NOTICE" e-mail to the offending site. Less than 24 hours later, I received the following reply:

The following files were deleted:
Hotfile.com: One click file hosting

Best regards,
Hotfile.com abuse department

I verified that the file was, indeed, deleted. Looks like all is good on this front.

HOWEVER... I found 5 more file sharing sites that have my album(s) for download. Each site received a "receipt on read" e-mail, first notice, along with a hard copy of the notice, sent certified post. Thanks to all for the direction. Now, I feel I have a solid approach in battling the unauthorized distribution of my material.