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DMCA help needed, Lawyer wants to remove name from Search Result page

Discussion in 'General Discussions and Lounge' started by Wkids, Oct 8, 2019.

  1. Wkids

    Wkids Affiliate affiliate

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    Recently we got a notice from lawyer. We are not hosting any pictures of her client.
    Our search result page is for example: https://example.com/search-query

    He wants not to use word "search query", because it is name of her client. We are not hosting anything of her client. Search page is displaying results after partial matching, means:
    If some one searched "search query", it is displaying results of "sea side".

    Friends help needed.
    They are not sending notice to any other site which are really using their client pictures/videos. We are not using cloudflare to hide our site ip. Our site is hosting in OVH France and notice is also from France. What to do?
     
    Last edited: Oct 9, 2019
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  3. Graybeard

    Graybeard Well-Known Member affiliate

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    Where is the proof?
    Are you in the porn or cam business in any way?
    There is the right to publicity, copyright and trademark *infringement*
    Is this US law or French law -- what is the jurisdiction.
    Is this a troll lawyer or is the and substance.
    Not enough information -- and I can't give any *legal advice* anyway
     
  4. Wkids

    Wkids Affiliate affiliate

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    Our site is adult pictures search engine. He sent me a notice in pdf. What to do, kindly help.
     
  5. Wkids

    Wkids Affiliate affiliate

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    "example.com" is not our domain name. It is for example and "search query" is also example of her client name.
     
  6. Graybeard

    Graybeard Well-Known Member affiliate

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    where did you get the picture and do you have license to use it?
    it might just be easier to comply -- not worth the hassle.
    You should consult with a licensed attorney. Start spending money -- that is the bluff here ;)
     
  7. Wkids

    Wkids Affiliate affiliate

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    We don't host anything, we are displaying results from xvideos and pornhub. He has problem with name and nothing else. In search page anyone can type anything and it will display result after partial match.
     
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    T J Tutor

    T J Tutor GM Administrator Certified Vendor Dojo Master affiliate

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    Have you explained this and pointed them towards the source?
     
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  9. Graybeard

    Graybeard Well-Known Member affiliate

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    This is the way the law goes (sometimes) if the image appears on YOUR DOMAIN YOU DID IT! where it is hosted is not the issue. (At instant -- if you want to use that affirmative defense you may very well need to use it in court case pleadings). Meantime, these asswipes slap your host with the DMCA and make problems for you --the host suspends your account as it's just not worth the problems (CYA action) --that's the way this shit works.

    Did you check the Bar Association of that Attorney? Is it a DMCA Agent or is the letter signed AAL, Esquire or similar? Is he really a licensed attorney? Did you know that saying you are an Attorney when you are not is a felony -- I have seen that before. Is it really a angry boyfriend of a camgirl or a porn model?

    Too many people are IT dumbshits -- that is our world today. You are displaying that image and they are too stupid to read the source code.

    Unless, you are making a lot of money off that image and want to contest these technical issues with an IT ignorant attorney and his client. Remove your code that is rendering that image and move on. OR LAWYER UP! You can have your day in court eventually if you are willing to spend the money, time and grief --question is: Is it worth it?

    Probably not ...
     
    Last edited: Oct 8, 2019
    Wkids likes this.
  10. Wkids

    Wkids Affiliate affiliate

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    Yes he know. He have problem with name appearing in url. It is search result page and any one type anyone name. Google also dose not display 404 for any search query. Already mentioned above "search query" is his client name. He want to remove url https://example.com/search-query
    Our site search result url is for query aaa bbb is
    https://example.com/aaa-bbb

    We already told them to take it down from google but he may be targeting our site because of France based.
    He taken down other sites url from google but not our and sending notice to us.
    How to handle this DMCA. Should i ignore or move to other country. I am worry because site is in France and DMCA request from France. Should i move to another country or keep running in France with backup in another country.
     
  11. Wkids

    Wkids Affiliate affiliate

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    He has problem with name and nothing else. Suppose his client name AAAAA BBBBB. Some one searched AAAAA BBBBB, our site is displaying partial matching results as AAAAA CCCCC, AAAAA DDDDD , etc.

    We have very less traffic from France. Most from Brazil.

    I checked he is legal. Got mail from official mail.
     
    Last edited: Oct 9, 2019
  12. Wkids

    Wkids Affiliate affiliate

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    It is letter signed AAL. Yes he is really a licensed attorney.
     
  13. Graybeard

    Graybeard Well-Known Member affiliate

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  14. Wkids

    Wkids Affiliate affiliate

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    Thanks. Their are many people with same name. If someone trademarked his/her name then is he/she able to force other people to change his/her name?
     
  15. Graybeard

    Graybeard Well-Known Member affiliate

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    Nope.
    But that depends on the use and the inference that is implied.
    Just because my name is Donald F. Trump .... :D
    Bad example -- a holder of political office has only very narrowly rights of personality --mainly misrepresentation. Ridicule or Parody is an allowed use for a public office holder's name.

    Maybe, a Justin Bieber clone name ...
     
    Last edited: Oct 8, 2019
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  16. Graybeard

    Graybeard Well-Known Member affiliate

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  17. Graybeard

    Graybeard Well-Known Member affiliate

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    I went back and read again
    using a person's name in a URL probably depends on the intent -- if you have a legitimate reason (like she is cam-e-whoring :eek:)
    But if she doesn't want the traffic? LOL just do yourself a favor delete her name ... You are giving her free publicity and opportunities to make money and she is being a real t--t.
    I had a model ask me to remove her bot feed post on Twitter -- I said OK, replied I need the post URLs you want deleted, she responded, and I deleted the posts no problem ... Man, there are 4,000 posts; you are just a cog in the wheel :)
     
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  18. Wkids

    Wkids Affiliate affiliate

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    Sir it is search result page. Search result page is displaying what you searched. Next day may be any one will come and ask us to not to use his/her name. It is search result page displaying what you are searching. Even google not display 404 for any search query. We have no content related to her.
     
  19. Graybeard

    Graybeard Well-Known Member affiliate

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    Tell it to the Judge not me :D
    if that URL exists on your server it is yours.
    Use hard 404's then there is no issue.
    even better do a 410 GONE for that URL
     
  20. Wkids

    Wkids Affiliate affiliate

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    Here is Affiliatefix url
    is this mean affiliatefix is porn site, because url contains word porn?

    I think better to move to Nforce/Leaseweb/ or Ultimate option as Flokinet/Verdina. Do you know any other option?
     
  21. Wkids

    Wkids Affiliate affiliate

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