[theme-reviewers] I got a Copyright Infringement Notice over a website that I don't even own :'(

Wed Aug 3 00:04:03 UTC 2011

 I just had the very same thing happen a few days ago, they essentially demanded that I pull the site even after explaining to them that the site was using one of our themes and that I had no control over it. 

My favorite part was when they said that the FBI was going to be taking care of it, I wouldn't worry too much about emails like that they have no grounds against you. 

Regards,

Tyler Cunningham | Founder, COO - CyberChimps LLC (http://CyberChimps.com/)

@tylerbcunning (http://twitter.com/tylerbcunning)
http://gplus.to/tylercunningham
http://linkedin.com/in/tylerbcunningham 
tyler at cyberchimps.com (mailto:tyler at cyberchimps.com)

On Tuesday, August 2, 2011 at 5:01 PM, Chip Bennett wrote:

> He probably is just upset that the infringer is in Indonesia, and wants to try to go after someone subject to US copyright laws.
> 
> Tough luck for him, that.
> 
> Chip
> 
>  On Tue, Aug 2, 2011 at 6:30 PM, Daniel Fenn <danielx386 at gmail.com (mailto:danielx386 at gmail.com)> wrote:
> > Hello guys, 
> > 
> > I did respond then then saying that I don't own the domain in question and I asked then to link to where under the domain *.danielx64.com (http://danielx64.com) where the copyright infringement taken place. The *. is there because I got subdomains, forums.danielx64.com (http://forums.danielx64.com) and so on.
> > 
> > 
> > Here the emails sents and receiveds:
> > First email:
> > 
> > > Hi 
> > > Please see the attached DMCA notice and respond accordingly.
> > > Please send email confirmation that the images have been removed.
> > > If you would like to discuss using Splash images legally with a subscription let mme know.
> > >  Cheers
> > > Griff
> > > [see attached file: DMCA Gomez Celebpress.info.docx] 
> > > 
> > > Andrew Griffiths
> > > Sales Executive
> > > agriffiths at splashnews.com (mailto:agriffiths at splashnews.com)
> > > SPLASH NEWS
> > > 333 W. Washington Boulevard, Suite 508
> > > Marina Del Rey - CA 90292 - USA
> > >  Tel 1 310 821 2666  ext 117 (tel:1%20310%20821%202666%C2%A0%20ext%20117)
> > >  Cell 1 323 449 7562 (tel:1%20323%20449%207562)
> > > Fax 1 310 396 4634 (tel:1%20310%20396%204634) 
> > > 
> > > Splash News Australia is now open for business!
> > > - www.splashaustralia.com (http://www.splashaustralia.com/) - 
> > > - ozsales at splashnews.com (mailto:ozsales at splashnews.com) - 
> > I sent: 
> > 
> > > Hello,
> > > 
> > > I have taken a look at this DMCA note and I am unsure on what URL on my website where I am breaking copyright laws. I am requestiong that you give me urls where under the domain *.danielx64.com (http://danielx64.com) where you beleave the infringed material are.
> > > 
> > > Regards,
> > > 
> > > Daniel 
> > 
> > Then I get:
> > 
> > > Hi Daniel
> > > The url is clearly included in the DMCA notice.
> > > I've included a screenshot of both the top and the bottom of the page.
> > >  As the site doesn't include any contact information yours is the only contact that appears on the page.
> > > I'll be more than happy to refer this to the Splash/Corbis legal dept if you'd prefer.
> > > Let me know
> > >  Cheers
> > > Griff 
> > 
> > 
> > This is the latest email that I've sent:
> > 
> > > 
> > > Hi Andrew,
> > > 
> > > Just so that you know, I am not the owner of http://www.celebspress.info/. The reason why you saw my name is because the theme that this website is using a wordpress theme that is created by me, hence "Theme created by Danielx64".
> > > 
> > > To save you time, I went ahead and looked up the real owner of the domain and you can find it below.
> > > 
> > > http://whois.domaintools.com/celebspress.info
> > > 
> > > Again I repeat, I do not own the domain http://www.celebspress.info/.and that the only reason that my name "Danielx64" is there is because I created the theme, and it can be downloaded from http://wordpress.org/extend/themes/propress 
> > > 
> > 
> > 
> > > Regards,
> > > 
> > > Daniel
> > This is driving me mad, I don't understand why people don't do whois lookup and such before taking it out on me. 
> > 
> > Now the server that my website is on is at the same place where I work (I do work for a webhost) and I got direct connection with the datacentre. Should I pass this on to then so if they do get a complaint they already know what going on?
> > 
> > Regards,
> > Daniel Fenn
> > 
> > 
> > 
> > 
> > 
> > 
> > 
> > On Wed, Aug 3, 2011 at 9:12 AM, Emil Uzelac <emil at themeid.com (mailto:emil at themeid.com)> wrote:
> > > That's like if someone would sue WordPress because of the Credit Link in footer. +1 Otto. Owning a Domain name is something completely different. 
> > > 
> > > Now, kindly respond back to DMCA stating that this was a mistake, if they have your full information, this could lead to Google. Google works closely with DMCA and in some cases your very own site could be on the blocked listed due to alleged copyright infringements. One of my clients had that happen in past. 
> > > 
> > > i.e. 
> > > 
> > > > In response to a complaint we received under the US Digital Millennium CopyrightAct, we have removed 1 result(s) from this page. 
> > > > If you wish, you may read the DMCAcomplaint that caused the removal(s) at ChillingEffects.org (http://ChillingEffects.org).
> > > 
> > > Cheers, 
> > > Emil
> > > 
> > > ---- 
> > > Emil Uzelac | ThemeID | T: 224-444-0006 (tel:224-444-0006) | Twitter: @EmilUzelac | E: emil at themeid.com (mailto:emil at themeid.com) | http://themeid.com (http://themeid.com/)
> > > Make everything as simple as possible, but not simpler. - Albert Einstein
> > > 
> > > 
> > > 
> > > On Tue, Aug 2, 2011 at 6:02 PM, Otto <otto at ottodestruct.com (mailto:otto at ottodestruct.com)> wrote:
> > > > I'd just respond to them back saying that I don't own the site in question and for them to buzz off. Perhaps nicer wording. 
> > > > 
> > > > Or even better, ignore it. Let 'em grumble. What are they going to do? Sue you for something you didn't do and don't own? Let 'em. Then sue 'em back for your time and trouble. Any greedy lawyer would be happy to take that case. :) 
> > > > 
> > > > -Otto
> > > > 
> > > > 
> > > > On Tue, Aug 2, 2011 at 5:55 PM, Daniel Fenn <danielx386 at gmail.com (mailto:danielx386 at gmail.com)> wrote:
> > > > > Hi guys, 
> > > > > 
> > > > > Several days ago I got a Copyright Infringement Notice over a website that I don't even own. The only reason why I got the Copyright Infringement Notice is because the theme created tag line is in the footer and the person who given me the Copyright Infringement Notice just assumed that I own the site.
> > > > > 
> > > > > Does anyone know how I can protect myself from this sort of thing? While the report is real, the person giving this notice is contacting the wrong person. Also have this happen to you and how did you deal with it?
> > > > > 
> > > > > If anyone wants to see the DMCA letter, feel free to email me in private :)
> > > > > 
> > > > > Thanks guys
> > > > > Regards,
> > > > > Daniel Fenn
> > > > > 
> > > > > 
> > > > > 
> > > > > 
> > > > > 
> > > > > 
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> > > > 
> > > > 
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