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-   -   Repeated DMCA Violations not dealt with. (http://www.livestream.com/forum/showthread.php?t=9492)

greensupremacist 31st May 2012 20:51

Repeated DMCA Violations not dealt with.
 
I am distressed that the same two websites are getting away with streaming Films they do not own the rights to with your livestream service. I have written numerous emails to your takedown email and they keep making new livestream channels. I work in the film industry and when I see this kind of abuse it is very upsetting. Please do something to prevent this kind of thing from happening again.

The two websites DMCA Violating are:

http://anonsleepover.org
http://rtv.scumba.gs/

the livestream channels they are currently using and embedding to their sites are:

http://www.livestream.com/tythertv
http://www.livestream.com/phonecall

I realize writing emails to your takedown email reporting them every time they make a new channel is just not effective. I always receive the same email from your service which always says the same thing, but nothing is said about the two websites which keep making new channels on your service every time they are taken down. This needs to stop now. I am seriously thinking of taking legal action against livestream itself if this is not dealt with. It is a mockery of my very business and way of making a living. This piracy needs to stop. Just the other night they streamed "Project X" and "Safe House" back to back using your livestream service. This is making me sick. I urge you to take action so that I don't have to. I am making this thread so that other people in the film industry can see this, and hopefully livestream will make more of an effort to stop this abuse.

- thank you.

benhomer 1st June 2012 11:53

Please address any abuse report to takedown@livestream.com.

Our takedown team will investigate all complaints sent to takedown@livestream.com, whether they are DMCA compliant or not as described in our Zero Tolerance on Piracy policy (http://www.livestream.com/zero_tolerance_on_piracy)

It appears as if the channels referenced have been locked for violating the Livestream Terms of Use.

-Ben
Livestream Support

greensupremacist 1st June 2012 13:11

Quote:

Originally Posted by benhomer (Post 33316)
Please address any abuse report to takedown@livestream.com.

Our takedown team will investigate all complaints sent to takedown@livestream.com, whether they are DMCA compliant or not as described in our Zero Tolerance on Piracy policy (http://www.livestream.com/zero_tolerance_on_piracy)

It appears as if the channels referenced have been locked for violating the Livestream Terms of Use.

-Ben
Livestream Support

Hello benhomer,

as I mentioned in My original post, writing emails to the takedown address is just not effective since the owners of the websites ( http://anonsleepover.org and http://rtv.scumba.gs ) Violating your terms of service and breaking the law are simply able to make new livestream channels via your service. The moment the two channels I mentioned in my first post were locked, they created a new channels to embed into their websites:

http://www.livestream.com/777777

At the moment both websites are using this same livestream channel, and the moment you lock the channel they will make a new one and continue their illegal activity. As I said before I feel that you are not taking the necessary steps to prevent this from being done. The Violators should be blacklisted and IP banned from using your service. This behavior can very well mean the end of livesteam itself if it is not dealt with. I am giving this fair warning and expect something to be done immediately. Many people rely on your services and I am sure they would be very upset if livestream were to be eliminated due to their lack of control over blatant piracy. I expect much more from the administrators here than the same response I have been getting over and over to report DMCA violations myself. I have given you the names of the two websites responsible for the illegal behavior and expect you and your team to deal with it, I shouldn't have to.

- thank you.

greensupremacist 1st June 2012 15:04

http://www.livestream.com/doobert29

they made yet another channel.

greensupremacist 1st June 2012 15:05

and another

http://www.livestream.com/jokesandjokesandjokes

theyre mocking you.

blackwaterops 12th June 2012 12:07

i lolled....

to me streaming is like bringing a movie to a friends house and you all watch it together, maybe they own the movie? you don't know that

thats just my opinion tho, i personally love watching movies with friends on all sorts of different streams :P and sometimes online is the only way it can be done. y u gotta be such a party pooper, its not like they are making money off of it like a TV channel lol

also, there is nothing you can do, they can make multiple streams on multiple different services

athlon1 13th June 2012 12:31

blackwaterops, I agree, this person needs to go to the DMCA site, and follow the directions on this, he is going the wrong way about it, seems he knows his stuff, needs to search the Internet find DMCA site and tell them.But I am telling him its a lot of paper work and he really has to have proof, and the burden is on him, so he needs have all his "ducks" in a row first.
Check this out




If you discover that work you hold the copyright in is being infringed and wish to file a DMCA notice. You can take the following steps to do so.

1. Determine if the work is infringing, consult an attorney if necessary.
2. Take screenshots or otherwise preserve the infringing site, useful if a dispute should arise later.
3. Obtain a stock DMCA notice template and fill it in with the required information.
4. Using a service such as WhoIsHostingThis or Domain Tools, locate the host of the site where the work is located.
5. Look on the host's site and attempt to locate the contact information for their DMCA agent.
6. Failing that, see if the host has registered with the U.S. Copyright Office and provided the needed information there.
7. If that fails, send the notice to the host's abuse team.
8. Wait at least 72 hours and ensure that the work has been removed.
9. If unable to secure removal of work (IE: Not a U.S.-based host or otherwise uncooperative), consider filing a notice with each of the major search engines.

If everything goes according to plan, the work should be removed in a a couple of business days. Some hosts respond very quickly, even within the hour, where others make take a little more time. Be patient with your notices and be on the lookout for the work to be removed as not all hosts will send confirmations via email.

How to Respond to a Notice

If you are on the other end of a DMCA notice, you need to take certain steps to ensure that your rights are not trampled on or that the process is not abused.

1. Request a fully copy of the notice if it isn't provided so that you can understand who filed the notice, what works they are claiming to be infringing and the works they say are the originals.

2. Determine if the notice is valid or was sent in mistake. Consult an attorney if necessary.

3. If the notice was in error or malicious, file a counter-notice as promptly as possible, even if you do not wish to have the work restored. Instructions for doing so should be included with the notification of the takedown. If required, you can use a template for responding.

It is important to file a counter-notice if the takedown was sent in error, even if you view the takedown as not being a big deal because hosts are required to ban and delete accounts of repeat infringers. If you receive too many DMCA notices, you may find your entire account disabled, even if the takedown notices were invalid. As such, it is important to file counter-notices to prevent such an action from happening.

Takedowns in Other Countries

The biggest limitatin to the DMCA notice and takedown system is that the DMCA is limited to the U.S. and only applies to Web hosts and search engines located within the country.

However, other nations have adopted very similar systems. The European Union, has the European Directive for Electronic Commerce, which offers a very similar procedure (though implementation differs from country to country). Australia is another nation that has a notice and takedown system.

Other nations, such as India, do not have any safe harbor at all, meaning that there is no formal system for demanding removal of work but hosts are generally cooperative due to the threat of a lawsuit. Still other nations, including Canada, have no notice-and-takedown system but also provide complete safe harbor for Web hosts, meaning there is little way to compel Web hosts to remove content short of a court order.

When filing a takedown notice with an ISP in another country, it is best to check the laws that exist there and ensure that your notice is compliant with their terms.

Cautions

The DMCA process, whether on the filing or receiving end, should never be taken lightly as missteps could, and often do, have very serious legal implications. If you are unsure about what to do in a specific situation, consult an attorney.

Bottom Line

As controversial as the DMCA safe harbor protections have been at times, it has enabled many of the sites we enjoy every day. Furthermore, many of the incidents that have caused controversy could have been resolved by one or all parties understanding the law better and using it correctly.

This is why everyone who posts content online should be at least aware of this process and how it works. Even if you aren't a U.S. citizen, it is very likely your host is and the search engines people use to find you almost certainly are. As such, the law can affect you.

Fortunately, the process itself is fairly easily understood and offers a great deal of protection. for those who both need to file a notice against infringing material and those who are filed against without cause. However, as with any law, it is up to us to apply it correctly and that is the greatest challenge we face.

Have a blessed day
scotty

scpdny 28th June 2012 14:49

vicious cycle continues
 
im quite sure these two websites dont have permission to rebroadcast for public display the movies that are being shown.
since there are many of us who "play by the rules", its not fair that those who "break the rules", free accounts have to suffer as the end result.
good thing the "safe harbor act" applies to Livestream or the entire network would have been shut down as a result of a few "bunny frogs"

apanou2k12 29th September 2012 17:36

piracy
 
this channel: http://www.livestream.com/infocompaslive , keeps streaming live soccer on livestream.com, got away with it. and other channels got banned for doing the same thing.

ernielive 30th September 2012 14:27

Please escalate all questions or complaints regarding copyrights, inappropriate content or violation of Livestream Terms of Use directly to takedown@livestream.com.


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