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DMCA
Legal Advise on DMCA requested
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Sat
Star Angel
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Posts: 7535

Post Legal Advise on DMCA requested Quote
Okay,
so today I woke up to the site being down due to
a DMCA notice we have received.

Catboy posted a Black Butler (Kuroshitsuji) doujinshi
called Aquarium.

(Info here http://doujinshi.mugimugi.org/book/336116/Aquarium/)

And they were asking us to take it down because a company
called Citel Video claims the rights to it.

This is pretty obviously incorrect, we did not post any
of the Black Buttler episodes, this is just a japanese doujinshi
that has been translated by a fan, and is not licensed.

I have removed it for the time being,
but I would like to ask those of you who have an idea about these
things:
What would be the best action to take?
The work obviously does not belong to us, either, so we likely
cannot fill a counter-claim.

Assistance is appreciated Very Happy

Yours,
Sat


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Mon Oct 10, 2011 9:44 am Profile PM WWW Skype
Werweißschon
Hikki Angel
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Post Quote
Maybe ask the guy from Deadfrog.
As he has a nice sounding copyright policy and keeps loli stuff tracked he might know useful stuff and share that knowledge.
(Especially the third paragraph might be a nice and adequate answer to DMCA notices, but I'm not a US law expert.)

Mon Oct 10, 2011 10:50 am Profile PM
Sat
Star Angel
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Posts: 7535

Post Quote
Thanks, will check that out.

This is not about loli, they claim to own the copyright to a fan-drawn doujinshi only released in japan.


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Mon Oct 10, 2011 11:09 am Profile PM WWW Skype
Sat
Star Angel
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Posts: 7535

Post Quote
I will also link this on the frontpage, as protecting the site from further such notices is important.


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Mon Oct 10, 2011 11:26 am Profile PM WWW Skype
borksa
Bronze Angel
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Posts: 27

Post Quote
The easiest choice is simply take down anything that is claimed, even if they do not hold the copyright. Or try to email and ask permission for the from the actual rights holder. Any DMCA notices get tedious and hard to fight quickly.

Thu Oct 13, 2011 12:30 am Profile PM
OlafVaterman
Beginner Angel
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Posts: 5

Post Quote
Wait, your hoster claims:

PROHIBITED CONTENT AND ACTIVITIES
Adult Thumbnail Galleries/Banner Exchanges

You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.


PROHIBITED CONTENT AND ACTIVITIES
Illegal Activity

Customer may only use DreamHost Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, cheese pizza is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on DreamHost Web Hosting’s Server. Also, using DreamHost’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.

I don't really understand, your site should have been banned for two reasons already.

Wed Nov 09, 2011 12:34 pm Profile PM
frzangel
No Life Angel
Warnings: Warning
Posts: 4219

Post Quote
This is a typical hosting contract. They uses it in order to devolve the responsibility to the customer (LAH). The host alone won't do anything until 1. get money for the service 2. a third-party office forces the host to act. The third-party offices (governmental agencies like DMCA in the US) can only force those host providers which are located within their state. Like in case of hongfire it seems that DMCA is very active nowadays, get enough resources to act and force the hosts to remove CR stuffs. Maybe you should consider to move tha whole site into a country where the CR laws and the constrain power of DMCA-like agencies are more undeveloped than in the US. Have some I think. (:

For example in my country the CR laws says - in a nut shell - that only those hosts can be impeached who physically stores the CRed material. Eg.the law can't do anything with the torrent trackers. (I have no clue about what the law says about lolicon.)

BTW I think that the law makes different between real and non-real concerning the adult content. But I am wondering what the definition can be.

PS. Sorry, but my legal english is week.


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Wed Nov 09, 2011 1:34 pm Profile PM
OlafVaterman
Beginner Angel
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Post Quote
Imagine one day a person who keeps ugly hentai place (no offence to LAH) comes to your site and ban your pretty loli stuff. The law is vague about what should be considered illigal. But mostly hosters prefere not to deal with loli content. so, wtf, how can it be one site violate the law by keeping hentai and live, while another just place some erotic loli should be banned. Seems to be loli considered as prohibited stuff or smth like that. Glad this place (LAH) feels it's self good while get money for the service.

Wed Nov 09, 2011 2:32 pm Profile PM
Sat
Star Angel
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Posts: 7535

Post Quote
@OlafVatermann

We had a long talk with out hoster about the content we are hosting.
They are aware that this is a loli site and we distance ourselves from
any illegal content.

We have adult website tags and disclaimers and do generally
everything to prevent minors from accessing this site.

3d and ANY photographic content are clearly banned on LAH.

We do that and a lot more to keep this site alive.

We are not a free open gallery site, this is a forum that
requires registration to access the images and actively
prevents mass downloading of the images, and our host is
aware of this, as well. As for banners, do you see any?

If you like this site, please support us instead of criticism.
The purpose of this thread is to consider how to deal with
false DMCA notices, not discussing the legality of loli.


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Wed Nov 09, 2011 3:30 pm Profile PM WWW Skype
Electricus
Angel of the Face
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Posts: 14092

Post Quote
Surely the obvious first step is to ask them to prove their claim to copyright? If they do have a legal claim, then you respect it and take it down, if they don't, ignore them.

Wed Nov 09, 2011 3:49 pm Profile PM
Sat
Star Angel
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Posts: 7535

Post Quote
I can hardly ignore it when they threaten our hosting company to shut them down.


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Wed Nov 09, 2011 5:01 pm Profile PM WWW Skype
Electricus
Angel of the Face
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Posts: 14092

Post Quote
But if they have no legal claim to bring to bear, how can they shut them down?

Wed Nov 09, 2011 5:07 pm Profile PM
lahfan1968
Steel Angel
Warnings: Warning
Posts: 111

Post Re: Legal Advise on DMCA requested Quote
Sat:
... a company
called Citel Video claims the rights to it.

...this is just a japanese doujinshi
that has been translated by a fan, and is not licensed.
...

I hate to say it, but (at least in US law), that's the problem -- the original creator didn't license the characters from the owner, so you're essentially aiding the distribution of an illegal (copyright-violating) work.

Doujinshi are usually overlooked in Japan (see hxxp://en.wikipedia.org/wiki/Dōjinshi#Copyright_issues) but apparently these f*cking Parisian Distributors are intent on being dicks.

Wed Nov 09, 2011 8:06 pm Profile PM
Sat
Star Angel
Warnings:
Posts: 7535

Post Quote
IMO, it falls under Parody. Or am I wrong?


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Got a suggestion on how we can improve LAH? Post it here or vote for other people's suggestions!
Wed Nov 09, 2011 9:30 pm Profile PM WWW Skype
frzangel
No Life Angel
Warnings: Warning
Posts: 4219

Post Quote
One quote: "The law [DMCA] is currently unsettled with regard to websites that contain links to infringing material; however, there have been a few lower-court decisions which have ruled against linking in some narrowly prescribed circumstances. One is when the owner of a website has already been issued an injunction against posting infringing material on their website and then links to the same material in an attempt to circumvent the injunction." (Source: WIKI)

So I am not sure that they have the right to force the host to remove only linked content.

Wed Nov 09, 2011 9:51 pm Profile PM
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