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Author Topic: Windows 8 Professional ZX Edition Leaked  (Read 7096 times)

kitz

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Windows 8 Professional ZX Edition Leaked
« on: March 31, 2016, 02:10:07 AM »

Umm  not quite sure why but this thread has caused a DMCA notification to be registered against the site.
Not sure what their claim is about

Quote
DMCA (Copyright) Complaint to Google
sender leakid on behalf of microsoft

Copyright claim #72
Kind of Work: Unspecified
Description WINDOWS 8 (5) microsoft windows 8
Original URLs:

Allegedly Infringing URLs:

https://www.lumendatabase.org/notices/367999#

Ive never received formal notification despite being signed up to google webtools...  and cant even see what is wrong with the post, or why a complaint has been filed?

Cant even find info about how I can get it removed - filing a counterclaim seems a long and ardous process (and from what Ive read expensive) ..   but in the meantime this site forever gets a black mark that is nigh on impossible to remove.
http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content

I appear to be listed amongst about 9000 torrent sites  :(

 
« Last Edit: March 31, 2016, 02:22:49 AM by kitz »
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kitz

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #1 on: March 31, 2016, 02:28:13 AM »

The thing is I dont think they even filed a proper claim in the usual way..  because I got no notification from my host either.   They have to immediately take the site down upon notification of DMCA.

Filing a counterclaim is about getting your site back up - totally confused.

What is this post about exactly - did it directly link to an illegal download of windows 8?  All I can see is that it appears to be discussing Windows 8 has been leaked into the public domain.


h33t seems to be a torrent site that has since vanished
https://torrentfreak.com/h33t-to-mysteriously-disappears-but-can-be-found-150526/
« Last Edit: March 31, 2016, 02:51:41 AM by kitz »
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kitz

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« Last Edit: March 31, 2016, 02:57:03 AM by kitz »
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Chrysalis

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #3 on: March 31, 2016, 03:06:10 AM »

My advice sadly is to comply, put the thread hidden, then start your argument to ensure the safety of your site, if they back down make it visible again.

The is is likely as a result of a bot that has found certain keywords and put the url into a list, or a human error.

The DCMA is unfairly favourable to those making the claims.

I have ignored some DCMA notices in the past when I was the provider itself meaning they would have had to goto an upstream provider or get a court order, in that situation neither happened but that doesnt mean they wouldnt try a stunt on you if you ignored it.
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sevenlayermuddle

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #4 on: March 31, 2016, 05:27:52 AM »

To clarify my own understanding, which may be wrong, but is based on our own use of DMCA takedowns that we've issued over the years....

Your host does not to do anything if it is UK based, as DMCA solely applies to US law, hence US hosts.   If the site is not hosted in the US, it needn't be taken down by hosts, the responsibility passes to the site owner.

That said, you don't want to ignore it.   A judgement against you could lead to seizure of any US assets or, maybe more worrying, stop you from ever being able to visit the US.   There may also be treaties that allow US judgements to be enforced through UK courts, not sure.

The big problem with either a DMCA takedown, or a counter notice is that the other party might try to sue for damages/losses caused by the notice or counter-notice.   The case would then be handled in a US court where, even if you win, you quite probably have to pay all your own lawyers fees.

Even if you just roll over and comply, I'm not sure if that implies an admission of guilt.   

If I were on the receiving end of a DMCA I'd Seriously consider getting some professional legal advice, from somebody expert in US law.   A much cheaper alternative would be to establish some kind of dialogue with the complainant, if you feel confident that you can do so without incriminating yourself...

I suspect it would also be a good idea to remove the content while any dialogue is taking place, else istr the complainant might argue that you 'knowingly' infringed even after being notified.

As stated, I am not certain of above facts, somebody else may have more accurate information to offer?
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tbailey2

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #5 on: March 31, 2016, 07:44:40 AM »

What is this post about exactly - did it directly link to an illegal download of windows 8?  All I can see is that it appears to be discussing Windows 8 has been leaked into the public domain.

h33t seems to be a torrent site that has since vanished
[link redacted for obvious reasons]

I *think* that is the problem - a link to an illegal download of a modified version of Vista (in Microsoft's opinion) has been posted on your site.... even if it's not available any more). Why not just kill the thread, it's pretty meaningless now IMHO? Looking at the Q&A, you don't seem to need to report to anyone if you do so, only the ISP does if they take the offending content down.
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Chrysalis

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #6 on: March 31, 2016, 08:24:09 AM »

To add whilst DMCA is a US thing, I have had EU providers enforce them.

For sure the consistent advice you getting here is to comply, even if its temporary.
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Bowdon

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #7 on: March 31, 2016, 10:51:50 AM »

Hmm, the copyright notice seems to be following h33t around.

It seems to be a blanket ban on anywhere that h33t as been found.

And also why is google the one enforcing it?

I noticed the date of the claim was August 2012, so how as it come to light now? as something happened?

How long is a DMCA claim active for? This looks to be 3 and a half years old, unless I'm missing something?
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sevenlayermuddle

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #8 on: March 31, 2016, 12:03:33 PM »

One more thing I remembered... If you do issue a counter notice, I think that in doing so, you must agree to be dealt with under US federal law.  :o

That seems to me to be a step in the nightmare that might drag a UK citizen towards US courts, so not one that should be taken lightly.   If your host had taken down the site then a counter notice might be the only way to get it back, otherwise... Hmmm, is there much to gain?    A lawyer may say there is, I just don't know...

Emphasise again, just my understanding, I am no lawyer.
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tbailey2

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Re: Re: Windows 8 Professional ZX Edition Leaked
« Reply #9 on: March 31, 2016, 01:25:53 PM »

It may be that MS are trying to kill off anything that might conceivably interfere with the universal adoption of Windows 10 ?
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kitz

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Re: Windows 8 Professional ZX Edition Leaked
« Reply #10 on: March 31, 2016, 09:07:41 PM »

Only just got in, so not had chance to do anything much. 

From what it would appear is that OF simply was saying that it had been leaked and posted a link to some images of what it looked like.   He also posted a link to a Youtube video which is still online.

Just about every single site that was served, was a torrent site.  We aren't a torrent site, nor was the link to download an illegal copy of Windows.  Heck I dont even allow conversations about how to hack software *


I dont understand how we have been caught up in this - just about all the other 9000 sites are torrent sites.

Quote
Even if you just roll over and comply, I'm not sure if that implies an admission of guilt.   

Exactly!  and thats why I didnt remove the post last night - because it showed that it wasnt a link to an illegal download.
If I roll over and comply that also doesnt get rid of the black mark google now has against the site.

I wasnt even served any notice to counterclaim, there is no contact - some big organisation that goes looking for cracked software on behalf of M$, Adobe etc. 

Why its gone to google - is that gets me de-indexed from Google searches.  I think they went straight to google rather than serving proper notification.
I'm far too tired to look further tonight...  but I have removed the post. 

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Dray

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Re: Windows 8 Professional ZX Edition Leaked
« Reply #11 on: March 31, 2016, 09:13:46 PM »

Is it because they have done a google search, then sent takedown notices to google, and google have sent them on to the linked sites?
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kitz

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Re: Windows 8 Professional ZX Edition Leaked
« Reply #12 on: March 31, 2016, 09:55:28 PM »

Yes thats what its looking like.   
It appears to have gone straight to google and nothing to me or my hosts... and google have black marked the site.  :( 
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Bowdon

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Re: Windows 8 Professional ZX Edition Leaked
« Reply #13 on: April 01, 2016, 12:25:18 AM »

Yes thats what its looking like.   
It appears to have gone straight to google and nothing to me or my hosts... and google have black marked the site.  :(

I'm not sure what effects a black mark by google means. If I type in kitz this site comes up.

I was reading about Twitter going against DMCA notices and nothing could be enforced against it.

I wouldnt worry about it.

As I say though, this copyright claim was in 2012, why is it news now? I'm sorry if I'm being a bit dumb here but as something happened in the last few days officially from this? If not, then I'd forget about it.

The DMCA's are there to give people a chance to remove links. I'm on a couple of sites that regular get them and comply all the time. Nothing ever comes of it.

I think if you officially reply to it then something that might have been put on the backburner to drop off the edge of time might take on a life of its own. If nothing official as happened recently from this then I'd leave it. You haven't done anything wrong.

I was reading this post about dmca's, might be useful, im not sure; https://forums.digitalpoint.com/threads/false-dmca-got-me-removed-from-google-help.2656473/
« Last Edit: April 01, 2016, 12:39:12 AM by Bowdon »
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sevenlayermuddle

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Re: Windows 8 Professional ZX Edition Leaked
« Reply #14 on: April 01, 2016, 12:44:14 AM »

i suspect the reason they've gone after Google is that Google's servers are US based and hence within jurisdiction of US law.   Even so, I'd have hoped they'd just stop linking to the disputed thread, not the whole site.

Apols if this is a duplicate of similar post, I posted same info a short while ago but don't see it anywhere so I assume it went awol.

Incidentally, I can also search google for 'Kitz' and other sensible terms and I see plenty of hits... I'll not say exactly where I am right now but Kitz, feel free to check the IP address from which I'm posting. ;)
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