Re:We are being sued for refusing to take down a website
by thieving_magpie on Friday August 22, 2014 @07:10PM
(#8214356)
I got an email today that easydns bought out ZoneEdit, something my company uses. I hadn't heard about them previously and now I read this. I'm glad they bought ZoneEdit, I'm down with a company like this.
If nothing else, it basically just reads like a twitter troll who follows activists around. Not illegal.
Interestingly, also, the website basically talks about this guy constantly threatening and filing lawsuits which he never goes through with, so I would ignore this, but IANAL.
Re:We are being sued for refusing to take down a website
by jessaustin on Friday August 22, 2014 @08:31PM
(#8214556)
The whole "Cause Pimps" site is fascinating. First it seems like a left-wing site confirming all the right wing's deepest fantastic conspiracy theories about various left wing groups. If one continues reading, however, the writer just can't help dropping the occasional bit that seriously calls into question just how left-wing she really is. Not that this particularly credits or discredits anything else on the site. I'm more of a down-wing person myself.
Re:We are being sued for refusing to take down a website
by canttestthis on Friday August 22, 2014 @07:33PM
(#8214409)
I can't upvote this submission for some reason... Anyone know why? Its missing the arrows, sort of how HN job posts don't have up/downvote buttons either.
You must notify the user and give them the opportunity to file a counter-notice against the complaint. Safe Harbor protects you from this kind of lawsuit.
Also forward a copy of the complainant's letter to chilling effects.
Re:We are being sued for refusing to take down a website
by StuntPope on Friday August 22, 2014 @06:11PM
(#8214189)
Greetings from a place called Canada. Different laws up here. It's not so cut and dry (we've already checked this with our attorneys). That said, we'll defend vigorously.
Re:We are being sued for refusing to take down a website
by fleitz on Friday August 22, 2014 @06:45PM
(#8214286)
Yes, it's amazing how US law does not apply here.
I frequently have to remind my fellow citizens that it makes little sense to plead the 5th here, because whether parliament has sat in the last year will not effect the outcome of your trial.
Re:We are being sued for refusing to take down a website
by cperciva on Friday August 22, 2014 @07:05PM
(#8214342)
it makes little sense to plead the 5th here, because whether parliament has sat in the last year will not effect the outcome of your trial
Ah, but you're looking at Section 5 of the Charter of Rights and Freedoms, and when people say "plead the fifth" they're talking about the fifth amendment to the constitution.
Of course, we don't number our constitutional amendments; but if you look at them in chronological order, I believe the fifth would be the Statute Law Revision Act, 1893, which... well, actually it did nothing at all except to repeal sections of the British North America Act which no longer had any effect.
Re:We are being sued for refusing to take down a website
by petercooper on Friday August 22, 2014 @06:13PM
(#8214194)
You probably know more about DMCA than me, but I thought it was just about copyright infringement? The post claims the guy who complained in this case was complaining about "defamatory material".
Re:We are being sued for refusing to take down a website
by petercooper on Saturday August 23, 2014 @04:38AM
(#8215329)
You never know with American laws. They seem to have a funny way of cramming in totally irrelevant nonsense into bills as a way of getting unpopular items into law.
Re:We are being sued for refusing to take down a website
by ferrisford on Friday August 22, 2014 @06:11PM
(#8214190)
In the first paragraph of the post "he claimed the page ... contained defamatory material" so this isn't the normal cut and dry copyright infringement notice. I'm sure they know how safe harbor works.
Re:We are being sued for refusing to take down a website
by trhway on Friday August 22, 2014 @06:21PM
(#8214221)
Having Safe Harbor option doesn't mean that one have to use it as the one may just happen to decide to take a stand against the things s/he doesn't like.
Re:We are being sued for refusing to take down a website
by paulgb on Friday August 22, 2014 @07:20PM
(#8214377)
I'm surprised to find this reply at the bottom, as it's the most important point here (besides lack of jurisdiction): the DMCA doesn't require anything from ISPs, it grants them immunity if they follow the procedure. They're allowed to ignore a takedown, they are just liable.
If nothing else, it basically just reads like a twitter troll who follows activists around. Not illegal.
Interestingly, also, the website basically talks about this guy constantly threatening and filing lawsuits which he never goes through with, so I would ignore this, but IANAL.
Time to read up on it, especially this part: https://www.chillingeffects.org/dmca512/faq.cgi#QID130
And: https://www.chillingeffects.org/dmca512/faq.cgi#QID922
You must notify the user and give them the opportunity to file a counter-notice against the complaint. Safe Harbor protects you from this kind of lawsuit.
Also forward a copy of the complainant's letter to chilling effects.
I frequently have to remind my fellow citizens that it makes little sense to plead the 5th here, because whether parliament has sat in the last year will not effect the outcome of your trial.
Ah, but you're looking at Section 5 of the Charter of Rights and Freedoms, and when people say "plead the fifth" they're talking about the fifth amendment to the constitution.
Of course, we don't number our constitutional amendments; but if you look at them in chronological order, I believe the fifth would be the Statute Law Revision Act, 1893, which... well, actually it did nothing at all except to repeal sections of the British North America Act which no longer had any effect.
b^)
I think some phones go farther and include 000, 118, and other lesser-used emergency numbers as well.
http://blog.easydns.org/2014/08/15/heres-why-we-took-down-a-...