WHB fooled by fake DMCA - again?

[w13zybez]

1st time: http://www.webhostingbuzz.com/forum/...idding-me.html

2nd time:

I just got this in my email:

On Wed, Feb 18, 2009 at 1:15 AM, Vladimir B. <suspended_accounts@webhostingbuzz.com> wrote:

Dear Customer,

Unfortunately we have to suspend your account 'harrypot' on hr3.whbdns.com server due to received copyright violation complaint.

You can see related details below.

################################################## ################################################## ######

Dear Web Hosting Buzz,

We are a firm of solicitors (attorneys) in California. We have been consulted by our client, Christopher Little Literary Agency, on behalf of Ms. J K Rowling, and by our client Warner Bros, in connection with the Harry Potter adult fan fiction made available by you at URL http://harrypottermovie7.com/

As you are aware, Ms. Rowling is the author of the Harry Potter books. Ms. Rowling therefore owns the copyright in the Harry Potter books. The explicit content of the fan fiction available at www.harrypottermovie7.com, which is plainly based on characters and other elements of the fictional world created by Ms. Rowling in the Harry Potter books, is a matter of serious concern to our client. In addition, our client Warner Bros, which owns the film and merchandising rights to the children's series of Harry Potter books, is concerned to protect the integrity of its Harry Potter properties. For the avoidance of doubt, our clients make no complaint about innocent fan fiction written by genuine Harry Potter fans.

There is plainly a very re\al risk that impressionable children, who of course comprise the principal readership of the Harry Potter books, will be directed (e.g. by a search engine result) to your sexually explicit web site, which you will appreciate most right-minded people would consider wholly inappropriate for minors. Plainly the warnings to the effect that children under 18 should not access your website do not in fact prevent minors from doing so. Indeed, such warnings may well serve simply to entice teenagers to your site.


In the circumstances, our clients therefore request you to remove all such material and cease making it available on the internet or by any other means. Would you please let us have your continuation that you will do so by no later than 18:00 GMT on Friday, 25 February 2009.

You can reach me taguilar@goralkalaw.com. My fax number is 858-430-2584
and my mailing address is Goralka Law Firm, 4470 Duckhorn Drive,
Sacramento, CA 95834.

Theresa Aguilar
C/O Goralka Law Firm
4470 Duckhorn Drive
Sacramento, CA 95834
Fax: 858-430-2584
E-mail : taguilar@goralkalaw.com


################################################## ##################################################


Regards,
Vladimir B.
Senior System Administrator

Now, if *I* was a SENIOR System Administrator the first thing I'd do is pull a WHOIS on the domain that sent that email.

Ok, I'll make Mr. Vladimir B.'s job easier and do it for him:

Whois Record

Domain Name.......... goralkalaw.com
Creation Date........ 2009-02-18
Registration Date.... 2009-02-18
Expiry Date.......... 2010-02-18
Organisation Name.... Theresa Aguilar
Organisation Address. P O Box 99800
Organisation Address.
Organisation Address. EmeryVille
Organisation Address. 94662
Organisation Address. CA
Organisation Address. US

See the "Registration Date". Enough said? (or do you want me to send a counter-DMCA notice again?)

This is the second time this has happened and costed me severe downtime! WHB isn't looking very good in my eyes as a reliable webhost. Now I feel stupid for referring all my friends to WHB.

[stephenb]

Considering she isn't listed on the real firms website, you seem to have a case.

Out of curiosity has anyone contacted the real law firm to let them know that someone is impersonating them?

[Matt R.]

Under the DMCA we do not have much time to act against warnings before we become liable. I will look into this further however and mention that you are the victim of fake ones.

[w13zybez]

Considering she isn't listed on the real firms website, you seem to have a case.

Out of curiosity has anyone contacted the real law firm to let them know that someone is impersonating them?

I sent the real law firm a message that abovementioned domain is sending impersonating emails.

That won't solve the problem at all though. Whoever is doing this can easily create new domains... and they will continue to do so because: now they know their *trick* works.

[Alden]

Under the DMCA we do not have much time to act against warnings before we become liable. I will look into this further however and mention that you are the victim of fake ones.

How long does it take to do a whois?
20? 30 seconds?

[Matt R.]

Ok, we had a meeting about this and we have a new policy in place. Further complaints will need to be faxed in and we'll call the law firm/complainant on the number on the fax to verify before any action is taken.

We're not perfect, we do make mistakes. We'll admit when we do and learn from them, as we're doing here.

[stephenb]

I sent the real law firm a message that abovementioned domain is sending impersonating emails.

That won't solve the problem at all though. Whoever is doing this can easily create new domains... and they will continue to do so because: now they know their *trick* works.

You might want to contact a lawyer of your own. There should be a paper trail to this person. Also your lawyer might talk the other firms into pressing charges.

[stephenb]

Also found this:

The Emeryville address is revealing: It shows that the domain was
registered through an anoymizing service offered by Yahoo under the
name "Yahoo! Private Domain Registration". Only registrations done
through that service have that P.O. Box address. It is a fact that
reputable companies have no reason to conceal their identities and
actual locations. Only the owner's name remains unchanged, but nothing
is easier than to register a domain with a fake name. Only fraudsters
have reason to hide behind a such mask, because they don't want to be
tracked by their victims.

Googling that address brings up every freaking scam in the book. And a couple lawsuits.

After this I don't think my lawyer suggestion is gonna work.

[Alan B]

You might want to contact a lawyer of your own. There should be a paper trail to this person. Also your lawyer might talk the other firms into pressing charges.

Why would WHB want to waste precious money paying for lawyers? This scam did not cause WHB any loss. Besides, one's personal lawyers do not press charges; only police and prosecutors can do that.

[stephenb]

I was responding to w13, not WHB. Although, if I were WHB I would consult a lawyer to find out my liability in a fake DMCA takedown.