Domain name infringed by unauthorized spambot links with por#*$ names

DMCA protection against spambot links

[knonymouse]

Is there a way to use the DMCA to demand an ISP take down pages such as the following? I have a major problem with poorly supervised or abandoned site pages containing bot comment spam using unauthorizing links to my site that associate it with filthy por#*$!n-word filenames. The problem is search engines show these results, and sully my site's reputation as a K12 educational information source.

(I have never placed any such filenames on my site and never will. The bot found an orphan 777 directory, now long deleted. It was the unintended result of a backup done by my ISP that I didn't know about until the damage was done.)

Now, I need a solution to clean out the search engine results... impossible until the sites are cleaned, one by one.

Elsewhere I have read in this forum that "Under the DMCA, if you are the first to use the domain ... your company is already copyrighted under the DMCA." Thus, if I own the copyright on my domain name, can I protest its use when appearing in unauthorized links such as http : //my.domain.com/nasty_#*$!_words.html ? (The domain name is a unique invented non-dictionary word I have used for many years.)

The problem is simply asking an ISP to take down what is obviously robot spam most often is rebuffed with "contact the site owner." Sure. No valid email address that works can be found for most of such sites (abandoned or negligent on maintenance) which of course is why I went to the ISP with a complaint of abuse. The spambots find these weak sites using vulnerable old unpatched Gallery releases by the thousands and drop comments in them.

I need a bigger hammer. BIG BIG hammer.

How can I most effectively formulate a complaint under DMCA so that the ISP will no longer ignore, citing my copyright claim on use of my domain name and/or effect on minors who find #*$! words associated with my domain name?

No, I can't afford a lawyer for this. Surely I don't need to reinvent the wheel. Others must have faced this problem with spambots so abundant. Is there a model letter anywhere?

TIA.

[janharders]

Wait, I didn't really understand the situation, let me see if I get it right:
your domain is clean
on some site, a bot spammed comments, putting links to your domain to nonexistent pages containing unwanted keywords
those comments on third party-sites show up in the SERPs if someone searches for your domain name

that about covers it?
I think you'll face a tough fight to get it done. Incoming links aren't easy to fight off. Did you try asking the ISP for contact information of their clients? I can't help with DMCA-stuff, since I'm in europe and have a hard time understanding our laws, not mentioning the us-laws.
Maybe you could also try to play the security-card, telling the ISP hosting the broken pages that they better inform their customer or take action themselves as scripts running on their servers are outdated and vulnerable and you had no success in reaching their customer via the information he provided. I mean, they should have some way to contact the customers, do the billing and get paid - unless it's a free webhost, which, in my experience, usually aren't interested in anything that happens on their servers or would cost time in support requests.

[knonymouse]

Good summary. Except replace "on some site..." with "on many, many sites..." I am slowly, one by one, eliminating those operated by webmasters or ISPs willing to cooperate (kudos to them), but there remain a hard core of unreachable webmasters and unresponsive or obstructive ISPs.

In effect, the latter ISPs are condoning, promoting, aiding and abetting the robot spammer scum.

Oh, no! you remind me many of them aren't even in the U.S.