Received DMCA notice from my hosting company through E bay

[expertbuild]

New York

Hey,

Recently I saw a website with a script to generate e bay gift cards. I wanted to know how these guys were generating those cards just for learning purpose. I downloaded that website and uploaded on my hosting server. I found out that it was just FAKE and nothing was given, it was a trick to get people in believing that if they complete an affiliate offer or survey they will get the code but nothing was giving in the end. I left the website and got busy with my work. It was 2 weeks ago. Today I received hosting suspension notification from my hosting company with letter from e bay notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A): They asked my hosting to shut down my services and told them they will pursue legal action against me.

I know I made a mistake. What should I do ? Hosting company asked me to file a counter notification if I think I have not done anything wrong. Please advice.

Website is down and I can not access anything now. I have few other websites that are down as well. Should I just leave the hosting and leave the issue? should I accept what I did and wait for legal action. Your help would be greatly appreciated. This is the first time I have received something in my email in my life Really worried.

Regards

 

[xylene]

You should hire an attorney.

You don't actually need to commit fraud to learn about it... so your 'I was curious.' / feigning innocence line will not help you.

 

[quincy]

New York

... I downloaded that website and uploaded on my hosting server ... I left the website and got busy with my work. It was 2 weeks ago. Today I received hosting suspension notification from my hosting company with letter from e bay notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A): They asked my hosting to shut down my services and told them they will pursue legal action against me.

I know I made a mistake. What should I do ? Hosting company asked me to file a counter notification if I think I have not done anything wrong. Please advice.

Website is down and I can not access anything now. I have few other websites that are down as well. Should I just leave the hosting and leave the issue? should I accept what I did and wait for legal action. Your help would be greatly appreciated. This is the first time I have received something in my email in my life Really worried. ...

Whenever you are threatened with a lawsuit, it is not only cause for worry, it is also a good reason to consult with an attorney in your area for a personal review of the facts. After this review, the attorney can tell you where you stand legally and can advise you on how best to respond to the actions by your ISP and how to respond to the notice of infringement.

Although the information you have provided here leads me to believe you do not have support for a counter notice, following is a link to the Digital Media Law Project with information on the DMCA takedown notice procedure and how you can respond.

http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content

As xylene noted, "innocent" infringement is still infringement but demonstrating your infringement was unintentional (innocent) can work to mitigate any damages that might otherwise be awarded against you, should the individual threatening suit decide to follow through on his threat and sue. This is assuming the other party actually has a legitimate claim. He might not.

Good luck.