ISP ignores DMCA

I have two ISPs that still maintain my work

[willjan]

Two ISPs, that were served with DMCAs did remove the image from offending websites. But, they have neglected to remove the image from their own servers. I click on the URL of the image identified clearly in the DMCAs and my image pops up.

The original website has had the image removed, but the ISP still maintains the image and after two or more requests, still have it running.

Any experiences like this? Advice?

Willjan

[hunderdown]

How can anyone access the image if it's no longer on the website? They would have to know the exact URL, as you do, to get to it, wouldn't they?

I agree that it's strange that they don't delete the files from their servers, but I don't understand why you are all that concerned.

[Nick Jachelson]

Google Image Search

[hunderdown]

Good point--though even if the ISP deleted it, wouldn't it remain in the Google cache?

[Pfui]

I have the same dilemma. A Major "groups" site 'disabled the group' containing 13 of my client's copyrighted pages upon my filing first one and then a second DMCA. But the offending group's pages, still displaying our content (and code) -- with graphics still (hot)linking to our server and generating errors -- remain accessible via direct link, and yes, also via Google's cache.

Unfortunately, it took me almost two months of trying to get that Major site to do ANYthing at all so I hold out little hope they'll pay any attention to any follow-up requests. Heck, I'm still awaiting their action on a new DMCA about another of their "groups" infringing our copyright, too. And that's just for the one "groups" host; there are blog "spaces" and ISPs, too.

I must have been out of town when "copyright" stopped meaning "It's not yours."

[willjan]

Why am I concerned? Because, my image is out there and at one ISP linked to other sites.

As a copyright holder I have the right to have the images taken down and I don't like a large ISP ignoring the rules of the DMCA when I have had the image stolen.

I live by the rules, they were properly served, why shouldn't I expect them to live up to them. By my reading of the "safe harbor" provisions, they now have become copyright infringers and I'm a tad touchy having been ripped off 400+ times on this one image, which pops up on new sites everytime I do a search.

Unreasonable? The ISPs lobbied for the "safe harbor", I don't disagree with it, but allowing them to ignore it after multiple notices seems a poor option.

Willjan

[hunderdown]

OK. I see what you mean. If they are violating the safe harbor provisions, is that grounds for legal action? Perhaps you should talk to a lawer. There may be damages to be recovered here.