10-03-2013, 01:44 PM
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Confirmed User
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Join Date: Nov 2005
Location: Scottsdale
Posts: 2,283
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Quote:
Originally Posted by JimmyStephans
That is not exactly true... but punishing the bad guys is left to the content owner not a police department. Plus, the content owner needs to have made an investment in the process.
1- If a content owner properly registers his content he can ask the courts for Statutory Damages of up to $150,000 per infringement without having to prove how much damage was done to your business. It takes just $35 to register.
2- If the poster is a person the DMCA doesn't apply. You can sue the very day you find the post. (other options are available, but you can sue instantly if you wish).
Of course, you have to invest the time, and some time a few bucks, to figure out who the poster is. That is not near as hard as it sounds. Carefully review the recent cases of the guy that was hacking Miss Teen USA's webcam and the guy running Silk Road. Both caught because of simple mistakes... and guess what, almost all copyright violators make those same type of mistakes.
Since May I have received over $100K in settlements from posters on one simple website. How did I find the guys?... DUH, paid the forum owner $500 for screenshots showing the email addresses and IPs. Forum owner is a pirate himself... no honor among thieves. My $500 was easy for him (and now my shit is no longer on that site) and I got evidence used for settlements.
Plus, the guys that didn't settle... lawsuits coming (actually scanning registration certificates today to be used as exhibits).
3- If the violator is a website / forum / host the DMCA only applies if they are registered with the Copyright Office. Because of the government shutdown I can't give a link - but to qualify for protection under the DMCA companies / websites / ISPs / OSPs must register and pay a fee.
Remember Oron.com? Thats what took them down... Liberty Media only sued for videos that had been on Oron before Oron had registered (which meant it was a direct violation not subject to DMCA notices being sent).
My meaning is - yes, copyright can be protected with some work and investment, and monies can be recovered to make up for what you lost in sales due to the violations.
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Good info man, thanks. Were you able to process this yourself or did you use an attorney?
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