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Author Topic: Calling All Internets  (Read 43964 times)

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Mongrel

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Re: Calling All Internets
« Reply #400 on: March 27, 2012, 06:01:03 PM »

Sadly, while I know probably know over a dozen lawyers, they're all... lawyers. So no pro bono stuff.

I feel like the bigger issue here is getting valid contact information for the site admin or owner, regardless of whether it's me or a lawyer talking to them. If anyone was wondering, the site is http://www.madatoms.com

EDIT: Aw FUCK ME. Now that site is the TOP HIT for my name on Google. 
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R^2

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Re: Calling All Internets
« Reply #401 on: March 27, 2012, 06:07:23 PM »

"These people are using my intellectual property without my permission" sent to Google might get the site un-indexed, which would fix the important half of the problem.
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Mongrel

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Re: Calling All Internets
« Reply #402 on: March 27, 2012, 06:08:39 PM »

Now there's a thought. Not something to try just yet, but if nothing else, I can try that route if I don't get any reply elsewhere.
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Büge

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Re: Calling All Internets
« Reply #403 on: March 27, 2012, 07:24:53 PM »

I just went to http://www.ipaddressreport.com/ to check it out.

The www.madatoms.com report:

IP Address:   98.129.110.93
Hostname:   no reverse DNS for this IP

More info about this host
Country:   United States
IP address owner:    USR Content Inc
9725 Datapoint
San Antonio
TX 78225
US

hope that helps!
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Mongrel

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Re: Calling All Internets
« Reply #404 on: March 27, 2012, 07:41:20 PM »

Not really, that's the same I came up with. No real contact info for an admin and google searches only bring up that site.

Trying to hunt down the DeviantArt solicitor first, see if I get anywhere like that.
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Thad

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Re: Calling All Internets
« Reply #405 on: March 29, 2012, 07:18:08 AM »

Whois just says it's GoDaddy.

Which may actually be good enough -- if you send GoDaddy a DMCA takedown request they may comply.
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Mongrel

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Re: Calling All Internets
« Reply #406 on: April 01, 2012, 09:20:13 PM »

So I still haven't gotten a reply. Looks like I'm going to have to try the DMCA takedown route

So GoDaddy has a specific set of instructions for takedown notices: http://www.godaddy.com/Agreements/ShowDoc.aspx?se=%2B&pageid=TRADMARK_COPY Specifically, under section B, articles i-vi.

I now have three problems to work out before I can get to the next step:

1) What the hell constitutes an acceptable electronic signature in this case?
2) *I* have to provide valid contact information? If I had that, I wouldn't be in this boat! Regular infringers don't bloody well post their legit contact information up! Is this just some kind of dodge to get people to give up? I doubt label lawyers have to provide valid contact information...
3) It does not seem clear if I can get my name removed. Which is of course the most important part.

Anyway, Google doesn't seem much help there and I doubt calling GoDaddy's general customer service will get me anything besides DURR HURRRRR WHAT. Anybody have any speculation (or even potentially legit answers) on any of the above questions?
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Joxam

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Re: Calling All Internets
« Reply #407 on: April 01, 2012, 09:46:12 PM »

I honestly think the best thing you can do is call someone. Like, a real honest person and get some real answers. We can guess all we want about what you should do or what people you talk to will say, but at the end of the day you need to get on the phone and talk to someone until you get an answer.
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Mongrel

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Re: Calling All Internets
« Reply #408 on: April 01, 2012, 09:52:45 PM »

I would love to do that. That would be fucking perfect. That would be infinitely superior to dicking around like a flailing retard with DMCA notices. And I would give you at LEAST 75% odds that actually talking to someone would be enough.

But as mentioned in a previous post, not only is there no valid contact information for this website (which actually used to be owned by Fox Atomic, as it turns out. No idea who owns it now!). They originally contacted me through a DeviantArt account they no longer check (the date activity stops coincides roughly with the 2009 shutdown of Fox Atomic and the layoff of 6 employees there). It's clearly still in operation (the site itself updated on the 30th), but I don't even have a name for an admin, headline content guy, editor, or anyone.

EDIT: FWIW, I am still trying to find contact information. After an hour's worth of searching earlier, I discovered a woman who said she'd actually be hired as an illustrator last June. I'm trying to see if she has any valid information.
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Joxam

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Re: Calling All Internets
« Reply #409 on: April 01, 2012, 10:03:01 PM »

No but I mean, even if you have to call godaddy and pull out the big guns (threaten to have your lawyer contact them (even if you don't have a lawyer)) you should get someone on the phone.
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Joxam

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Re: Calling All Internets
« Reply #410 on: April 01, 2012, 10:06:11 PM »

Alternatively, why don't you just log onto twitter and then tweet, "Why are you stealing my shit?" at @madatoms? Hell, go on reddit and start a post about how they're stealing your shit.
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Mongrel

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Re: Calling All Internets
« Reply #411 on: April 01, 2012, 10:10:34 PM »

I thought about registering for Twitter to do just that (I don't have an account right now), but that guy doesn't seem to use it for actual conversations, just to list site updates.

And the GoDaddy things is separate. That's not a situation where a phone call will fix things. Their legal dept has specifically laid out that page as the requirement for takedowns and there are numerous stories from people who have not followed it and have received rejection emails from GoDaddy's DMCA compliance team. It must be a written or email request, formatted as described.
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Ocksi

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Re: Calling All Internets
« Reply #412 on: April 01, 2012, 10:14:52 PM »

You seem to be saying "I'd like to do something about this, but putting forth even the smallest amount of effort to actually get it done really isn't worth trying" a lot.
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Mongrel

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Re: Calling All Internets
« Reply #413 on: April 01, 2012, 10:55:20 PM »

You know, when I'm at a roadblock and explain the roadblock, the block is not "because I'm lazy/scared/just don't wanna do it".

I've just spent about four hours googling and sending emails out. I may in fact have a line on a name, but have to do further research. But if it doesn't pan out, I thought I could ask for some ideas, hence my questions here. I am trying several different avenues of attack. If one is a dead end, I will hopefully have others.

I looked at Twitter, the guy just uses that account for automatic site update notifications. He does not reply to anything with it. I got my buddy to send a tweet and it didn't go up on the feed and there's no reply (so far).

I don't have any valid site admin contact information yet. Do you see something I've missed? Maybe you think I was lying or blind when I said the site doesn't have that info listed?

The research I've already done has confirmed all but a few details of the takedown request process. I was mainly hoping for help with those details. It's not like I expect you guys to do this for me.

The only thing I can think of is that I haven't called GoDaddy's regular customer service yet. But why do I need to? It's definitely not part of the takedown process. I guess I can do that in the morning just so I can come here to post and say I did it? Is that what you want to hear? That I went through the motions of finding out the basics when I've already done so through Google research because you think I'm lazy and/or stupid? That's three steps ago - I already have the information they would give me, which is what the takedown process is. I just wanted help with following it.
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Mongrel

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Re: Calling All Internets
« Reply #414 on: April 01, 2012, 11:04:50 PM »

Longshot question: Does anybody have upgraded an upgraded LinkedIn? Maybe through or for work? (It's the $25/month version).

I think this may actually the guy (or is at least someone who knows The Guy): http://ca.linkedin.com/pub/matt-houghton/21/249/300

I need upgraded LinkedIn to see the guy's full profile. I'd like to avoid paying $25 to do so if I could (Yes I sent him a direct message, no reply yet).
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Ocksi

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Re: Calling All Internets
« Reply #415 on: April 02, 2012, 10:49:08 AM »

Well, it took me less than eight hours to get a response agreeing to take down any art or use of name that would be questionable. I used the really unheard of method of e-mailing them. You should try it.

Me to them:
Quote
Hello,

One of the articles on your website is headed with a picture I drew. I wouldn't have a problem with this, but for the fact that the picture is associated my name and is now associated with your website, as a result. I would like to have you remove the image from your website, and would prefer to not have to use a take down notice with your host, or involve a lawyer; I am willing to do either or both of these things, as necessary, if you don't remove my name and IP from your website, however.

I don't want to be a jerk about this, but the article has my name and work associated with a defense of child molestation, which sickens me personally and otherwise.

Please respond if you are willing to cooperate on this, and I will send you the details for the image and name removal. Thank you for your time.

Them to me:
Quote
Hi James,

I'm troubled to hear of this issue regarding Madatoms. Of course we have no intention of misrepresenting anyone nor their work. If you could fill me in all the details of the problem, I will be more than happy to address the issue as soon as possible. We make a point to always do our best to commission original artwork directly from the artists, so I assure you this is a rare and unfortunate case.

Thanks,
Dave

So basically what I'm saying is, you should probably actually try to do stuff, rather than assuming it won't work.

EDIT: Oh, I just sent this e-mail to the clearly posted "SUBMISSIONS (AT) MADATOMS.COM" address on their website, just to see if this would work. Looks like it would.
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Ziiro

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Re: Calling All Internets
« Reply #416 on: April 02, 2012, 10:55:03 AM »

Guy on a buffalo to the rescue
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Mongrel

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Re: Calling All Internets
« Reply #417 on: April 02, 2012, 11:24:22 AM »

I have no idea how that happened, because I emailed them three times at THAT EXACT EMAIL ADDRESS. I was actually doing stuff and not just posting about it. I emailed, I emailed contributors, I got a twitter post in, I tried contacting the dude over LinkedIn (he has a LinkedIn Profile, but no Facebook), I contacted GoDaddy.

Like Ocksi, I am not making that up just to be a prick to you. I really did email Madatoms three times at that very same email address.

Why would they respond to you and not to me? I used language that was very very similar to what you posted too.
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Ocksi

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Re: Calling All Internets
« Reply #418 on: April 02, 2012, 11:28:46 AM »

I'm not saying you're posting just to be a prick. I am saying people have suggested very simple things that anyone can do, such as signing up for Twitter to talk to them or contacting their known service provider to find out your options. Your responses have uniformly been "THAT WON'T EVER WORK, I LOOKED ONLINE."

But those simple, five-minute actual attempts are way more effective than doing hours of research to try to figure out how you can possibly get anything done.

That said, I have the dialogue open, so if you want to give me the necessary details, I will do the talking for you.
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Mongrel

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Re: Calling All Internets
« Reply #419 on: April 02, 2012, 11:30:16 AM »

Are you even reading my posts where I say "I did X" at all? At all? Did you even read the post above yours?

SURPRISE! I AM NOT IN FACT LYING ABOUT HAVING DONE THOSE THINGS.

Emailing them directly was the very first thing I did, before I ever asked ANYBODY for help.

EDIT: Alright alright, if they're replying to you and not me, then please ask them to just contact me at my email mb[underscore]w e s t b e r g at hotmail dot com OR mb[dot]w e s t b e r g at gmail dot com
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