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Running a VPN Company and received a DMCA Today. What should I do?
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Running a VPN Company and received a DMCA Today. What should I do?

BellaBella Member
edited April 2014 in Help

Hi I run a small VPN service with 10 users, (some are friends and some are some people I met online) and today I received one of these notices from one of the providers I buy the VPS from.

It appears that one of my clients downloaded some porn video from a torrent site.

What should I do?

Do I have to deal with the settlement offer or something?

I told Crissic that I will no longer be using that VPS for VPN, and I have reinstalled the OS.

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

*NOTE TO CRISSIC SOLUTIONS, LLC: PLEASE FORWARD THIS ENTIRE NOTICE TO ACCOUNT HOLDER OF IP ADDRESS **REMOVED at 2014-04-14 03:37:18 North American Eastern Time***
April 15, 2014
Re: Notice of Unauthorized Use of Copyrights Owned by Manwin Content RK Limited DBA Reality Kings Case #: REMOVED

CEG TEK International ("CEG") represents Manwin Content RK Limited DBA Reality Kings, who owns all right, title and interest, including copyrights, in and to the work listed below (hereinafter the "Work"). (Some individuals may find certain words in titles of works to be offensive. CEG apologizes in advance if this is the case.)

This notice is intended solely for the primary Crissic Solutions, LLC service account holder. Someone using this account has engaged in the unauthorized copying and/or distribution of the Work listed below.

Evidence:
Work Title: Getting It Good - Abby Cross (Pure18 2012-11-03)
Copyright Owner: Manwin Content RK Limited DBA Reality Kings
Unauthorized File Name: Pure18 Getting it good Abby Cross
Unauthorized Hash: 875f7da389ced46a914486eabd2e47d344880b1f
Unauthorized File Size: 1274060042 bytes
Unauthorized Protocol: BitTorrent
Timestamp: 2014-04-14 03:37:18 North American Eastern Time
Unauthorized IP Address: REMOVED
Unauthorized Port: 24994

The following files were included in the unauthorized copying and/or distribution:
File 1: Pure18 Getting it good Abby Cross/Pure18 - Getting it good - Abby Cross [720p].mp4

CEG TEK International ("CEG") hereby notifies you that unauthorized copying and/or distribution of Manwin Content RK Limited DBA Reality Kings's Work listed above is a violation of the U.S. Copyright Act, 17 U.S.C. 106. In this regard, request is hereby made that you and all persons using this account immediately and permanently cease and desist from unauthorized copying and/or distribution of the Work.

CEG informs you that you may be held liable for monetary damages, including court costs and/or attorney fees if a lawsuit is commenced against you for unauthorized copying and/or distribution of the Work listed above. You have until Wednesday, May 14, 2014 to access the settlement offer and settle online. To access the settlement offer, please visit https://www.copyrightsettlements.com/ and enter Case #: REMOVED and Password: kj7iq. To access the settlement offer directly, please visit https://www.copyrightsettlements.com/?u=Removed&p=Removed

Settlement Information:
Direct Settlement Link: https://www.copyrightsettlements.com/?u=REMOVED&p=REMOVED
Settlement Website: https://www.copyrightsettlements.com/
Case #: REMOVED
Password: REMOVED

If you fail to respond or settle within the prescribed time period, the above matter may be referred to attorneys representing the Work's owner for legal action. At that point the original settlement offer will no longer be an option, and the settlement amount will increase significantly.

Nothing contained or omitted from this correspondence is, or shall be deemed to be either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of the Manwin Content RK Limited DBA Reality Kings's rights or remedies, all of which are specifically retained and reserved.

The information in this notice is accurate. CEG has a good faith belief that use of the material in the manner complained of herein is not authorized by the copyright owner, its agent, or by operation of law. CEG and the undersigned declare under penalty of perjury, that CEG is authorized to act on behalf of Manwin Content RK Limited DBA Reality Kings.

Sincerely,

Ira M. Siegel, Esq.
Legal Counsel

CEG TEK International
8484 Wilshire Boulevard, Suite 515
Beverly Hills, CA 90211

Toll Free: 877-526-7974
Email: [email protected]
Website: www.copyrightsettlements.com

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Comments

  • All what you need to do is to reply back to host that you will take care of it and do all in your power that this won't happen again. Nothing to worry about, It's pretty much standard procedure.

  • BellaBella Member

    @Rockster said:
    All what you need to do is to reply back to host that you will take care of it and do all in your power that this won't happen again. Nothing to worry about, It's pretty much standard procedure.

    I told the host that I will no longer be using that VPS for a VPN, and I have reinstalled the OS and am now using it for something else.

    Do I have to click on that Settlement offer and do something? Or does the host take care of that.

    Thanked by 1mikho
  • @imtiax said:
    Do I have to click on that Settlement offer and do something? Or does the host take care of that.

    Don't pay the settlement, it's just an attempt by copyright trolls to garner money from you.

    Nobody is really interested in trying to garner money from you considering the legal expenses for doing so.

  • Don't click anything. It's pretty much standard procedure where host forward you complain and want to hear in return that you will take care of it. You did it. Nothing to worry about.

  • BellaBella Member

    Okay thank you for your help @rockster and @darknyan

  • Because I always consult a computer forum for competent legal advice......

  • RocksterRockster Member
    edited April 2014
    Thanked by 1Magiobiwan
  • @Just_A_Noob said:
    Because I always consult a computer forum for competent legal advice......

    Considering people here likely have got plenty of DMCA notices and dealt with them, I'd say it isn't the worst place to look. Most of these are just blanket threats anyway, they are unlikely to pursue any further really.

    Thanked by 1Maounique
  • At least In the US, we would forward it to the end-user.

  • AThomasHoweAThomasHowe Member
    edited April 2014

    OP you are missing some important information from moving forward - in general people here are right, but what country are you from, what country is your business registered in, what country is your server hosted in and what country is that company registered (not really important I guess). While it is still cloudy you have even more reason to ignore it if you and your business are located outside of the US. If so, you don't really need to forward it to the end user, just maybe advise them away from using public trackers, you know what business you're in.

    If the company you rent from is in the US and/or their services are hosted there they need to forward the notice to you but that doesn't mean you have to take action if you're outside jurisdiction.

    edit: I would never pay the fee though or encourage my customers to do so, they would never want to test the legality of the order in court.

  • RocksterRockster Member
    edited April 2014

    AThomasHowe said: If the company you rent from is in the US and/or their services are hosted there they need to forward the notice to you but that doesn't mean you have to take action if you're outside jurisdiction.

    But it's good to repond to host that you take complain seriously and will take care of it. That's more or less all what host wants to hear. Alternative is to pack your bags and find a new host

  • Rockster said: But you need to repond to host that you take complain seriously and will take care of it. That's more or less all what host wants to hear. Alternative is to pack your bags and find a new host

    Well yeah, but talk is cheap. I am sure most hosts are not interested to chase up a DMCA. From the sounds of OP they didn't even ask him to stop running the VPN or terminate his services so I don't think they see him as a highly abusive customer either. I am sure it was implied that they don't want this trouble on their networks but y'know, DMCAs are a dime a dozen and not worth much.

    I agree though,most hosts just want you to pay lip service, they don't want to get involved.

  • You really shouldn't run a "vpn company" if you already panic about something small like this.

    If you took your vpn service serious from the start then you wouldn't have to ask us for legal advice because you would have thought it through and knew all procedures. be happy it is a notice from a copyright troll, next time it might be something more serious that is going to have alot more impact on you.

    Goodluck.

    Thanked by 2Amfy Maounique
  • VirtovoVirtovo Member
    edited April 2014

    Ask for all DMCA notices to be mailed to you in braille

  • RocksterRockster Member
    edited April 2014

    AThomasHowe said: Well yeah, but talk is cheap. I am sure most hosts are not interested to chase up a DMCA.

    Talk is cheap but that's how things usually work. It's not about DMCA itself but good relationship with your host. Everytime they forward you any kind of abuse complain it's on you to take a look at it and reply back. That's the right way to close the case.

    @Mark_R everyone needs to start somewhere. No one's born with experiences. He just got one more :)

    Thanked by 1AThomasHowe
  • Rockster said: Talk is cheap but that's how things usually work. It's not about DMCA itself but good relationship with your host. Everytime they forward you any kind of abuse complain it's on you to take a look at it and reply back. That's the right way to close case.

    Yeah I was agreeing with you. Just adding that telling your host that you've got it under control doesn't necessarily mean taking any further action :P

    Thanked by 1Rockster
  • tell em to piss off. that's what i usually do (but in a nicer manner)

  • BellaBella Member

    @AThomasHowe said:
    OP you are missing some important information from moving forward - in general people here are right, but what country are you from, what country is your business registered in, what country is your server hosted in and what country is that company registered (not really important I guess). While it is still cloudy you have even more reason to ignore it if you and your business are located outside of the US. If so, you don't really need to forward it to the end user, just maybe advise them away from using public trackers, you know what business you're in.

    If the company you rent from is in the US and/or their services are hosted there they need to forward the notice to you but that doesn't mean you have to take action if you're outside jurisdiction.

    edit: I would never pay the fee though or encourage my customers to do so, they would never want to test the legality of the order in court.

    I am from Canada.

    Business registered in Canada.

    The server I got the DMCA on is in the US, and I bought the server from a company registered in the US.

  • Technically speaking we do not allow people to purchase VPS to resell VPN access to. We're considering implementing a policy that allows people to do so with specific rules/charges involved with DMCA Notices, etc but as of now you aren't supposed to use our VPS for reselling VPN. In this particular case, since you re-installed and do not intend to use it as VPN again, the issue is considered resolved and no further action is needed on your part.

  • @imtiax said:
    The server I got the DMCA on is in the US, and I bought the server from a company registered in the US.

    as someone who used to process all flavors of DMCA notices, I suggest you pass it on to the infringing customer, but tell them not to respond/click on it/or pay the settlement. This isn't a legitimate DMCA, it is an attempt to scare someone into paying up out of misplaced fear of being taken to court over the infringement of "Butthole Ravagers 8".

  • I do not think a DMCA is valid in Canada. Again, not that I would really take action if I was inside US borders but I wouldn't be so quick to ignore this within US borders.

    Maybe just disallow torrenting or p2p on any US VPN services... and obviously respect @SkylarM's wishes.

  • @darknyan said:
    Nobody is really interested in trying to garner money from you considering the legal expenses for doing so.

    Yup, that is copyright troll, most of the real DMCA notice out there will not ask you to click a link to pay for the settlement.

  • AThomasHowe said: you have even more reason to ignore it if you and your business are located outside of the US.

    This is absolutely correct, however

    AThomasHowe said: If the company you rent from is in the US and/or their services are hosted there they need to forward the notice to you but that doesn't mean you have to take action if you're outside jurisdiction.

    He wouldnt, but the US based provider would need to eventually.

    As long as you have no connections whatsoever to the US you can safely bin a DMCA request (unless the applicable jurisdiction says otherwise of course), but the moment you are in touch with the US in whatever way you need to take action.

    In this particular case the OP mentioned Crissic and they seem to be based in Missouri.

  • Crissic have taken action, they have forwarded the complaint, and as Skylar (didn't wanna tag him again and spam his notifications) also agrees that the case is closed on their end. They would never take someone never mind a service provider to court for this.

  • @Mark_R said:
    If you took your vpn service serious from the start then you wouldn't have to ask us for legal advice because you would have thought it through and knew all procedures. be happy it is a notice from a copyright troll, next time it might be something more serious that is going to have alot more impact on you.

    Goodluck.

    What value does this statement bring to the thread? If you have experience dealing with similar problems then it would be nice to the community if you shared your experience.

  • @AThomasHowe said:
    Crissic have taken action, they have forwarded the complaint, and as Skylar (didn't wanna tag him again and spam his notifications) also agrees that the case is closed on their end. They would never take someone never mind a service provider to court for this.

    Considering action was taken accordingly they should not even be able take the provider to court (safe harbour). Any other third parties (not under safe harbour) are of course a different case but considering that it was resolved anyhow and there is another jurisdiction involved as well I am not sure how likely it would be. But here professional legal advice should come into play.

    I was only trying to point out that you cannot completely ignore US law, even if you are not located within the US jurisdiction, as long as you have whatever ties with the US.

  • BellaBella Member
    edited April 2014

    @SkylarM said:
    Technically speaking we do not allow people to purchase VPS to resell VPN access to. We're considering implementing a policy that allows people to do so with specific rules/charges involved with DMCA Notices, etc but as of now you aren't supposed to use our VPS for reselling VPN. In this particular case, since you re-installed and do not intend to use it as VPN again, the issue is considered resolved and no further action is needed on your part.

    I'm not selling the VPN access. It's just between me and a few people that I know, and they invited some ppl that they know.

    I'm just learning how to configure PPTP/L2TP/OpenVPN and FreeRadius.

    For now I'm just buying VPS's from different locations in the world on LET to learn how to set them up and manage them.

    I did send an email to everyone after that is testing them, and told them not to torrent, after I read the DMCA notice.

    In the future I do plan to buy a few Dedi's from OVH Canada, and a few offshore Dedi's as well and start selling them.

  • @elwebmaster said:
    What value does this statement bring to the thread? If you have experience dealing with similar problems then it would be nice to the community if you shared your experience.

    I've been pretty straightforward. if you have difficulties understanding my previous post then I recommend that you read it again instead of talking about value without adding anything ontopic yourself.

    Much appreciated.

  • neroux said: I was only trying to point out that you cannot completely ignore US law, even if you are not located within the US jurisdiction, as long as you have whatever ties with the US.

    Maybe, depends on the law and the circumstance. It's true that the long arm of the law extends far beyond America in some cases but not for people who are downloading porn.

  • @AThomasHowe said:
    Maybe, depends on the law and the circumstance. It's true that the long arm of the law extends far beyond America in some cases but not for people who are downloading porn.

    You are generally right, the DMCA has not validity outside US jurisdiction (except for semi-legal cases when the long arm you referred to is involved) but in this particular case reaction was necessary as it is with the US.

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