Reporting a site

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Ftbcoders

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I would like to report a site hosted by you guys:

http://rapidfiregaming.co.cc/

They say they currently use your payed plan? Well I am not sure if you guys noticed at all but I believe your payed AND free plans specifically say NO WAREZ or illegal stuff? They have this section called downloads(http://rapidfiregaming.co.cc/forumdisplay.php?fid=119) and inside it they have all of this:

Game Downloads
Movie Downloads
Music Downloads
Software Downloads

Here is a thread in particular: http://rapidfiregaming.co.cc/showthread.php?tid=1178

You say they can't do warez linkingI hope because most US and other country hosts don't allow it because the DMCA will shut them down ... So ... Did I do the right thing and will anything happen?
 
Corey

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This has been taken care of, thank you for the report.
 
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zarif121

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thats my site....I will be removing all the forums/posts/links that lead to warez, but i cant since my forum is suspeneded...can you unsuspend it, so i can go and reomve all the posts and forums?
 
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galaxyAbstractor

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zarif121 said:
thats my site....I will be removing all the forums/posts/links that lead to warez, but i cant since my forum is suspeneded...can you unsuspend it, so i can go and reomve all the posts and forums?
Click to expand...

We have a zero tolerance policy against warez, which means we are unable to unsuspend your account.
 
kraqen11

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zarif121 said:
thats my site....I will be removing all the forums/posts/links that lead to warez, but i cant since my forum is suspeneded...can you unsuspend it, so i can go and reomve all the posts and forums?
Click to expand...
Sorry sir, if your account has ilegal material, we can't unsuspended your account.
 
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atjohnson

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I do commend you on this, I'm sure the website was not in accordance with the US DMCA, although the Digital Millennium Copyright Act specifies that websites like this are considered illegal, there are also loopholes.

In fact, websites such as myp2p.eu (which is a website directory of links to live streaming baseball/football and other sporting events) would seem to be illegal, and certainly in poor taste to most of the law abiding community, they are not, as outlined in the DMCA of 1999.

The DMCA has a non-liability of internet service providers clause. An internet service provider can be considered any website that users network through to reach other content on the web (hence, myp2p is considered an internet service provider).

The liability lies upon the HOST of the streaming content, not the ISP or website that is displaying the information (whoever is running the program that's streaming information from their TV or wherever to the Internet)

From herein the "Internet Service Provider" will be considered "provider" or "service provider"

There are many requirements that must be met to be considered an ISP, such as;

- The provider is merely acting as a data conduit, transmitting digital information from one point on a network to another at someone else's request
- Transmission must be initiated by a person other than the provider
- The transmission, routing, provision of connections, or copying must be carried out by an automatic technical process without selection of material by the service provider
- The provider must not determine the recipients of the material
- Any intermediate copies must not ordinarily be accessible to anyone other than the anticipated recipients, and must not be retained for longer than reasonably necessary
- The material must be transmitted with no modification to it's content.

Of course the website you guys have suspended did not fit this definition as a service provider, most likely due to the fact that they controlled the information that was posted and likely hosted some of the material on your servers.

Without hesitation I'd say, great job! Warez sites are usually full of spam anyway =)

SOURCES: Digital Millennium Copyright Act of 1999; http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:
Edit:
By the way, this is also why websites like UStream.com, YouTube, Google and many others can not be held liable to copyright infringement, as long as they agree to remove the linking to the streaming material that violates copyrights.

There is precedent of this in federal US courts. No 'service provider' has been held liable as of yet.
 
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leafypiggy

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It doesn't matter what the DMCA says. X10 tos states no wares, torrents, etc. Therefore, his site was in violation of the service terms. Which is grounds for disciplinary action.
 
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Ftbcoders

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Yay so I did good.. i have a hosting company of my own and would hate to see anything happen to a fellow hoster.
 
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