Msg#: 4306854 posted 9:00 am on May 2, 2011 (gmt 0)
I sent a cease and dismiss notice to a UK host whose client has copied one of my pages. He replied saying I would need a court order for them to do this. Several questions here. Firstly if this is correct? Its the first time a host blatantly refused to take any action so I was surprised by this. My understanding was that they are responsible for all content on their servers and not taking it down would mean a damages claim against them. Can anyone give advice on UK proceedings or point me to articles on this. Post Panda i can only find lawyers offering their services rather than good articles. Also can this be handled just through a county court? and so be somethign I could do myself?
Msg#: 4306854 posted 4:45 pm on May 3, 2011 (gmt 0)
its a template ive put together from online examples and my own experiences. Just sent via email and fax at this point. Yes i guess that would be the next step, i just was led to believe that if a host in the UK doesn't remove content that's infringing copyright once its been brought to their attention then they were open for damages. They seem to be saying they dont need to do anything in law unless they receive a court order.
Msg#: 4306854 posted 2:16 pm on May 6, 2011 (gmt 0)
Santa talk to a UK lawyer if it's a worthwhile cause.
Unfortunately most of the US experience won't be of help here and you don't have the DMCA on your side.
However I think the situation is fairly clear. If you have demonstrated to a reasonable standard that your IP is being infringed, the responsible party is now clearly in a poorer situation and is not likely to find sympathy from a court. Do they "need" to do anything? Well of course not, only a court can order them to do anything on fear of penalty. It's their choice to run up the damages and worsen the ruling against them should you sue.
If it seems a black and white issue, maybe talk to a registrar at your country court and see if you can extract a bit of advice. A subsequent threat to sue sent to the host with a sensible request for payment of damages, if you can substantiate them, might be enough to get their attention and conclude that discretion is the better part of valor.
Better to focus on the client in question - where are they located? Obviously, willful infringement on the part of the host would be a weaker case.