DIGITAL PIRATING: How to Make a Pirate Walk the Plank. Final Post


Final post in the series on making a pirate walk the plank, or Digital Pirating.
In the last post on pirating, we established what was needed in a DMCA takedown notice and what the actual law was in layman’s (my) terms.

Here’s a recap and Saving For Someday has graciously allowed other bloggers to copy her template and post for the benefit of all. So here’s that takedown notice template and yes, please get this in motion by posting any part of these posts along with the template to help other authors.

Below was taken to provide a SAMPLE DMCA TAKEDOWN NOTICE TEMPLATE. You are free to cut/paste and use it as you see fit. You will need to gather the appropriate information specific to your request, which I have designated in red. Need more info, go here: http://www.savingforsomeday.com/how-to-file-a-dmca-takedown-notice/

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SAMPLE DMCA TAKEDOWN NOTICE TEMPLATE.

To Whom It May Concern,

The following information serves to assert my rights and request removal of allegedly infringing web content under the Digital Millennium Copyright Act (DMCA). The following is a report, in good faith, of alleged copyright infringement. I am contacting you as the designated agent for the site upon which the infringing work currently appears. This letter is a Notice of Infringement as authorized in §512(c) of the U.S. Copyright Law.

I am the copyright owner of the works and the following is true and accurate.

1. The original work, for which I claim copyright, appears, with my permission, at the following locations online:

{URLs WHERE YOUR ORIGNAL AUTHORIZED WORK APPEARS}

2. Copies of my original copyrighted work are {attached/included/provided} to assist you in your evaluation and determination.

3. The allegedly infringing {work/text/image} appears at the following location(s) online:

{URLs WHERE INFRINGING WORK IS CURRENTLY LOCATED}

4. My contact information, as copyright holder, is as follows:

{INCLUDE YOUR CONTACT INFORMATION}

5. The information of the alleged copyright infringer is:

{INSERT WHOIS INFORMATION FOR THE SITE YOU ALLEGE IS INFRINGING}

6. I have a good faith belief the use of the above reference copyrighted work(s) that appears on the website for which you are the designated DMCA agent is not authorized by the copyright owner, its agent, or by law.

I declare, under penalty of perjury, this notice is true and correct and that I am the copyright owner entitled to exclusive rights which I allege are being infringed.

Signed this ________ day of ___________, 20_____ in {INSERT CITY, STATE, COUNTY}.

{YOUR SIGNATURE/eSIGNATURE}

NOW HERE’S SOMETHING A BIT JUICY
When I first mentioned I’d had a case of jerk-pirating and I’d done basically everything wrong. But strange enough, the pirate removed my book I believe because I did one thing right. I notified Google and Facebook, demanding they remove the OSP (online service provider) including links. I included that information as attachments to my takedown emails (to these two GODS of the Internet).

And that is where the power of the DMCA takedown notice lies. The law requires that not only the OSP PIRATE remove the infringed upon material but also that host site. Well, Google wasn’t hosting but they were in the mix regardless. And Facebook has allowed for users to complain, so of course, I took them up on that offer.

What can you do? Learn to do a domain or IP search. This search will lead you to determine who is actually hosting the pirate, cause there’s nothing worse than the hand that supports this jerk. According to the DMCA law, you have the right to ask the host to remove the offending pirate. If you know how to conduct an IP search what you get back is astounding. My all-time fav snooping site is DNS Stuff.  http://www.dnsstuff.com/tools

So now you’ve got quite a bit of info in which to base whom to send a notice to and their contact info.

Does it always work? Again, no. But if you let the pirate know you’re willing to not only harangue them but you’re also contacting their lifeline, or blood cash-flow line, chances are someone will take notice of you.

Doing a domain search is simple. Go here http://whois.net/ and plug in an address (website) and the registrant information is flashed back to you. If you can find the IP address that helps immensely with contact info. Next, you might have to do the same thing with the registrant information. Some websites employ privacy shields. But try and you might find someone you can contact and include in your request for the removal of the pirated work.

So you send the hosts the DMCA notice as well. But what if they don’t respond?

Some sites do have services that they charge for. And that's precisely the next place to send a DMCA notice. Anytime a pirate site uses an OSP (online service provider) to collect fees such as PayPal, that’s the big cheese in this gambit. Inform the pirate you're going after the OSP site that collects their fees in takedown demand.

Remember the Wiki leaks scandal. It was the OSP collecting donations that was effectively shut down. Wiki was crippled by Hillary Clinton’s team’s ability to go after the OSP collecting the money.

Now finally, you’ll need more resources, so here’s a nugget of goodness. I found a complete mind-blowing website that deals with piracy if you don’t have the time or energy. Now take heed, they do charge. TAKE DOWN PIRACY. I’m not affiliated with them. It was their blog posts that caught my eye. Oh man, not only a resource but a place you can report piracy. They’ve got so many resources and they walk you through sending DMCA notices til you could begin to educate others in the process. I love their blip: This isn’t a job. It’s a mission. http://takedownpiracy.com/

Another watchdog site is Torrent Freak: http://torrentfreak.com/book-pirates-hijack-domain-name-of-anti-piracy-campaign-130322/

So that’s what I’ve got to say on piracy. It stinks. Big time. I found that once pirated I’d been a victim twice in having my book stolen and then my time. Some writers said, forget about it. I couldn’t. Not without at least a couple of attempts to right a wrong. Yeah, I didn’t win the battle, but at least I could deal with the fact that I’d asked not only for my work but that of other authors from the same publisher be removed. A small victory but one that provided me with a sense of having done something. Karma: what you’re born to do. Not a circular mentality some version of the Golden Rule. However, this act was done for balance. The yoga of writing requires some form of grounding to go on. I hope you find that place from which to deal with piracy, regardless of what anyone says to do. What you do must fit with what you need to achieve. Namaste.

My recommendation for the holidays!

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