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

Tue Aug 2 23:30:18 UTC 2011

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 where the
copyright infringement taken place. The *. is there because I got
subdomains, 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
> SPLASH NEWS
> 333 W. Washington Boulevard, Suite 508
> Marina Del Rey - CA 90292 - USA
> Tel 1 310 821 2666  ext 117
> Cell 1 323 449 7562
> Fax 1 310 396 4634
>
> Splash News Australia is now open for business!
> - www.splashaustralia.com -
> - 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 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/.andthat 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> 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.
>
>
> Cheers,
> Emil
>
> ----
> *Emil Uzelac* | ThemeID | T: 224-444-0006 | Twitter: @EmilUzelac | E:
> emil at 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> 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>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
>>>
>>>
>>>
>>>
>>>
>>>
>>> _______________________________________________
>>> theme-reviewers mailing list
>>> theme-reviewers at lists.wordpress.org
>>> http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>>>
>>>
>>
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>>
>>
>
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