Modus Operandi For DMCA Abusers?

[TeaForOne]

See this:

digitalmusicnews[dot]com/stories/101311cc

See the comment from the employee saying that the company will simply wait a little while then have the system re-upload the content. Then wait for another DMCA notice. Then go through the whole process again.

I'm assuming this business model is the exact same for tubes, file lockers, torrent sites, image hosts and every other site that profits from user uploaded copyrighted content?

Delete the offending shit, wait a while, then have your Indian uploader whack it back up later. Different user account, IP etc.

The companies are simply unstoppable then, aren't they? How can you hope to punish a company that follows the DMCA? "We didn't know a user re-uploaded that content. Look, we've removed it again."

What else can be done? Not in the future or how it should be. I mean: what real life legal practices can be done to stop a company doing this?

[baryl]

At the end of the day you just have to make it unprofitable for a lot of these sites and forums to operate.

[Nautilus]

You have to be consistent, if you take down your uploaded clips fast and you always do that, most of them will give up sooner or later.

Also when you see that happening start DMCAing to broader range of recipients, start from their hosting service and build more pressure from there. Pirates do not operate in vacuum, they have partners and your goal is to find the weak link in the chain. Some of their partners will start getting nervous from getting too many DMCAs (and follow ups too pointing out the fact that this is a repeat infringer), some of them at some point will have enough of it and bark at a pirate to stop. When that happens they'd usually drop posting your stuff to avoid getting into too much heat and noise.

[TeaForOne]

Originally Posted by Nautilus

You have to be consistent, if you take down your uploaded clips fast and you always do that, most of them will give up sooner or later.

Also when you see that happening start DMCAing to broader range of recipients, start from their hosting service and build more pressure from there. Pirates do not operate in vacuum, they have partners and your goal is to find the weak link in the chain. Some of their partners will start getting nervous from getting too many DMCAs (and follow ups too pointing out the fact that this is a repeat infringer), some of them at some point will have enough of it and bark at a pirate to stop. When that happens they'd usually drop posting your stuff to avoid getting into too much heat and noise.

I don't know. Youtube is still there. They must recieve hundreds of DMCA notices a day. Same goes for the porn tubes. Section 230 protects the sites and the hosts, and that's that. Even worse if they are in a non-DMCA country.

[Nautilus]

Originally Posted by TeaForOne

I don't know. Youtube is still there. They must recieve hundreds of DMCA notices a day. Same goes for the porn tubes. Section 230 protects the sites and the hosts, and that's that. Even worse if they are in a non-DMCA country.

Youtube is one of the examples where those gazillions of DMCAs actually achieved a considerable effect. They were getting increasingly nervous from getting too many take down notices and from lawsuits too, and despite winning their viacom lawsuit they put on the break piracy wise because they knew they couldn't go on like this any longer. If they wouldn't do something about piracy themselves, the day will come when they'll get their ass handed to them in court and they'll have to pay astronomical multi-billion damages.

Now they have digital fingerprinting system that pretty much stops piracy cold - if you're a copyright holder and you care to keep your stuff off youtube, you can use it (it's free) and pirates wil not be able to upload your stuff anymore. Also one DMCA is enough to have content auto-fingerprinted so uploaders cannot pull that trick you're complaing about in your OP, i.e. wait until the dust settles and reload. DFP wouldn't let this new upload through.

They also ban repeat infringers, and they do it for real. Which also helps alot to keep piracy numbers down. Yes there's still alot of piracy going on at youtube, but it is possible only when copyright holders either encourage it (for whatever reason) or do not care. If you want your stuff off youtube, you can easily do that.

BTW, adult tubes also started to implement DFP one by one. I was especially surprised by xvideos's DFP program as it is pretty similar to youtube's (it is free and you can fingerprint unlimited amount of videos) and it is working. They'd also ban repeat infringer upon your request.

They didn't do that because of huge respect to copyright laws. They did it because they came under pressure and decided to take proactive steps, to sacrifice some now to avoid loosing everything in the future.

Constant pressure is the key when dealing with piracy. Keep sending DMCAs relentlessly no matter what.

[TeaForOne]

Originally Posted by Nautilus

Youtube is one of the examples where those gazillions of DMCAs actually achieved a considerable effect. They were getting increasingly nervous from getting too many take down notices and from lawsuits too, and despite winning their viacom lawsuit they put on the break piracy wise because they knew they couldn't go on like this any longer. If they wouldn't do something about piracy themselves, the day will come when they'll get their ass handed to them in court and they'll have to pay astronomical multi-billion damages.

Now they have digital fingerprinting system that pretty much stops piracy cold - if you're a copyright holder and you care to keep your stuff off youtube, you can use it (it's free) and pirates wil not be able to upload your stuff anymore. Also one DMCA is enough to have content auto-fingerprinted so uploaders cannot pull that trick you're complaing about in your OP, i.e. wait until the dust settles and reload. DFP wouldn't let this new upload through.

They also ban repeat infringers, and they do it for real. Which also helps alot to keep piracy numbers down. Yes there's still alot of piracy going on at youtube, but it is possible only when copyright holders either encourage it (for whatever reason) or do not care. If you want your stuff off youtube, you can easily do that.

BTW, adult tubes also started to implement DFP one by one. I was especially surprised by xvideos's DFP program as it is pretty similar to youtube's (it is free and you can fingerprint unlimited amount of videos) and it is working. They'd also ban repeat infringer upon your request.

They didn't do that because of huge respect to copyright laws. They did it because they came under pressure and decided to take proactive steps, to sacrifice some now to avoid loosing everything in the future.

Constant pressure is the key when dealing with piracy. Keep sending DMCAs relentlessly no matter what.

That's really interesting. Thanks for the info. Know of any way to stop the forums that link to file hosts?

[crazywm]

you can always try to speak with forum owner and to offer "something" ;)

[Nautilus]

Originally Posted by TeaForOne

That's really interesting. Thanks for the info. Know of any way to stop the forums that link to file hosts?

Sign up with one of the anti-piracy companies as removeyourcontent.com, they get the job done of at least keeping your stuff off piracy sites.

And yes I have some new anti-piracy tricks in development that might even work for entire forums. If interested to participate, contact me in about 3 months from now, I'll hook you up.

[HelpBringJustice]

if anyone wants to see the biggest scammer on this forum ...check out my thread in the F.A & Program Discussion immediately.

[dozadesprite]

any hints on that Nautilus?

[dmcaMonster]

In addition to constantly sending DMCA notices to the service provider, the site host, AND Google, start a spreadsheet and log every instance of copyright infringement with plenty of details (like uploader, video duration, video id, etc). Look for patterns. Find out which videos are being re-uploaded. Chances are, that tube site will fuck up somehow. Having all of this data at the ready will help you file a law suit that has legs.

At the end of the day, lawsuits will probably make the biggest difference, but those can be expensive. Keep posting on GFY and maybe you can start a class action lawsuit with other victims.

If you do not have the resources for such diligence, consider outsourcing at the very least. Someone mentioned RYC... I trust them. They do good work!

[thecatwrites]

Bumping up for future references. Thank you all for sharing your thoughts. I'm learning so much