Copyright Laws in Spain (advice pls) - GoFuckYourself.com

Amysworld · 10-21-2010, 11:53 PM

So I find a site that has content that I need taken down. They dont have permission to use this. Anyhow, I find the contact details and I email a formal DMCA letter.

I receive a letter back saying:
"Hi Amy, we are a hosting company. You'll have to complaint directly to the webmaster, sorry."

I respond with, please give me the contact email for the webmaster to this site.

He responds with:
"Hi Amy, if our customer register the domain with illegal characters, not allowed by ICANN, then the domain is registered with a default data, our company profile.
We cannot provide any information of our clients. Here in Spain there is an strict protection data law. Please tell your lawyer he will have to ask for this info directly to a judge. We cannot provide any personal data without judge authorization."

So what now? If he is the hosting company, isnt he responsible for what is on his server? Can I send a formal complaint to google?

Machete_ · 10-22-2010, 12:07 AM

Tell them you will send an abuse report to their upstream provider and have their hosting shut off.

Amysworld · 10-22-2010, 12:08 AM

Quote:

Originally Posted by Machete_

Tell them you will send an abuse report to their upstream provider and have their hosting shut off.

Thanks so much.

Mefo · 10-22-2010, 12:09 AM

I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count. And also data protection always counts heavier than copyright...

Amysworld · 10-22-2010, 12:10 AM

Quote:

Originally Posted by Mefo

I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count. And also data protection always counts heavier than copyright...

So they are protected because of "data protection"?

Machete_ · 10-22-2010, 12:11 AM

Quote:

Originally Posted by Mefo

I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count.

Europe has pretty much the same thing. They have the Copyright Directive or EUCD.

boneless · 10-22-2010, 12:11 AM

Quote:

Originally Posted by Machete_

Tell them you will send an abuse report to their upstream provider and have their hosting shut off.

whatabout the registrar of the domain, cant they do anything?

Amysworld · 10-22-2010, 12:13 AM

Quote:

Originally Posted by boneless

whatabout the registrar of the domain, cant they do anything?

They are listed as the registrar.

Machete_ · 10-22-2010, 12:16 AM

Quote:

Originally Posted by Amysworld

They are listed as the registrar.

Then also tell them you will file a complaint with ICANN.

You don't have to contact the webmaster. The content is on THEIR servers (their property) and they are violating the copyright laws.

lagcam · 10-22-2010, 12:17 AM

Try reading this http://www.webhostingtalk.com/showthread.php?t=973036

Amysworld · 10-22-2010, 12:26 AM

Quote:

Originally Posted by lagcam

Try reading this http://www.webhostingtalk.com/showthread.php?t=973036

Good read... still reading. Thanks

WiredGuy · 10-22-2010, 12:44 AM

The hosting company can't forward the complaint on your behalf to the client? I never get DMCA's directly, they always go to the host and the host sends it to me.
WG

Amysworld · 10-22-2010, 12:53 AM

Quote:

Originally Posted by WiredGuy

The hosting company can't forward the complaint on your behalf to the client? I never get DMCA's directly, they always go to the host and the host sends it to me.
WG

This is what I was thinking. I even mentioned that to him. He didnt want to hear it and doesnt want to help. I just sent him an email about filing a complaint with ICANN. So I will see what he says.

scouser · 10-22-2010, 02:41 AM

isn't pirating legal in spain as long as its not for profit? or something along those lines. its deff a lot less strict than in the us.

gideongallery · 10-22-2010, 03:55 AM

Quote:

Originally Posted by Amysworld

So they are protected because of "data protection"?

no you have to file the appropriate paperwork for the country you are dealing with

stop expecting US laws to punish NON US citizens.

btw sending a notice to the upstream provider, has a liability too, remember your effectively censoring every hosted site because you don't want to file the appropriate paper work, and they are obeying the privacy laws of their country.

k0nr4d · 10-22-2010, 04:11 AM

http://mk.ucant.org/info/ip/takedown.pdf
read that, info on EUCD...

Barry-xlovecam · 10-22-2010, 04:20 AM

Spain is a signatory of the Berne Convention on copyright.

Berne Convention for the Protection of Literary and Artistic Works

Ratification by Spain of the Paris Act (1971)

DMCA is a US Law. Google is a US based company <= hint ...

PowerCum · 10-22-2010, 05:50 AM

Whom are they hosting with?

There are different ways to deal with that situation, but usually knowing whom do they host with makes things much more easy.

Here in Spain the laws are very funny, but you can make the offenders go down by inducing extra costs they could not pay or the hosting company not wanting to take that customer anymore because it costs more to maintain the client than kicking him.

TisMe · 10-22-2010, 06:52 AM

Do a tracert and send DMCAs to the Host's host.

Their attitude will change once they get heat from above.

Also send DMCAs to any credit card processing on the site.

10-21-2010, 11:53 PM	#1
Amysworld Confirmed User Join Date: Nov 2005 Posts: 1,578	Copyright Laws in Spain (advice pls) So I find a site that has content that I need taken down. They dont have permission to use this. Anyhow, I find the contact details and I email a formal DMCA letter. I receive a letter back saying: "Hi Amy, we are a hosting company. You'll have to complaint directly to the webmaster, sorry." I respond with, please give me the contact email for the webmaster to this site. He responds with: "Hi Amy, if our customer register the domain with illegal characters, not allowed by ICANN, then the domain is registered with a default data, our company profile. We cannot provide any information of our clients. Here in Spain there is an strict protection data law. Please tell your lawyer he will have to ask for this info directly to a judge. We cannot provide any personal data without judge authorization." So what now? If he is the hosting company, isnt he responsible for what is on his server? Can I send a formal complaint to google?

10-22-2010, 12:09 AM	#4
Mefo Confirmed User Industry Role: Join Date: Jun 2002 Location: Amsterdam Posts: 6,169	I'm not a lawyer but it sounds they're actually right. DMCA is an American thing so it doesn't really count. And also data protection always counts heavier than copyright... __________________

10-22-2010, 12:17 AM	#10
lagcam Confirmed User Industry Role: Join Date: Jul 2007 Posts: 2,892	Try reading this http://www.webhostingtalk.com/showthread.php?t=973036 __________________ Working Cam site for sale - NOT affiliate.

10-22-2010, 12:44 AM	#12
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,487	The hosting company can't forward the complaint on your behalf to the client? I never get DMCA's directly, they always go to the host and the host sends it to me. WG __________________ I play with Google.

10-22-2010, 04:11 AM	#16
k0nr4d Confirmed User Industry Role: Join Date: Aug 2006 Location: Poland Posts: 9,229	http://mk.ucant.org/info/ip/takedown.pdf read that, info on EUCD... __________________ Mechanical Bunny Media Mechbunny Tube Script \| Mechbunny Webcam Aggregator Script \| Custom Web Development

10-22-2010, 12:07 AM	#2
Machete_ WINNING! Industry Role: Join Date: Oct 2002 Posts: 14,579	Tell them you will send an abuse report to their upstream provider and have their hosting shut off.

10-22-2010, 02:41 AM	#14
scouser marketer. Industry Role: Join Date: Aug 2006 Location: bcn Posts: 2,280	isn't pirating legal in spain as long as its not for profit? or something along those lines. its deff a lot less strict than in the us.

10-22-2010, 04:20 AM	#17
Barry-xlovecam It's 42 Industry Role: Join Date: Jun 2010 Location: Global Posts: 18,083	Spain is a signatory of the Berne Convention on copyright. Berne Convention for the Protection of Literary and Artistic Works Ratification by Spain of the Paris Act (1971) DMCA is a US Law. Google is a US based company <= hint ...

10-22-2010, 05:50 AM	#18
PowerCum CjOverkill Industry Role: Join Date: Apr 2003 Location: Woldwide Posts: 1,328	Whom are they hosting with? There are different ways to deal with that situation, but usually knowing whom do they host with makes things much more easy. Here in Spain the laws are very funny, but you can make the offenders go down by inducing extra costs they could not pay or the hosting company not wanting to take that customer anymore because it costs more to maintain the client than kicking him. __________________ CjOverkill Traffic Trading Script Free, secure and fast traffic trading script. Get your copy now

10-22-2010, 06:52 AM	#19
TisMe Confirmed User Join Date: Aug 2008 Posts: 1,719	Do a tracert and send DMCAs to the Host's host. Their attitude will change once they get heat from above. Also send DMCAs to any credit card processing on the site.