Bandwith exceeded at DPP
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Bandwith exceeded at DPP
- Thread starter Molly
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It's called a DMCA Takedown Notice (and it is, essentially, a court order. I'm not 100% sure if it's _issued_ by a court/judge, or if it's the first step handled by a lawyer before going to court). You have to have a lawyer fill out the DMCA takedown notice paperwork, and send it along with a cease-and-desist order to the hosting provider claiming that the website is violating your copyrighted content. This is exactly what PP did to the original hosting provider of DPP causing them to shut down the account. Hosting providers will _ALWAYS_ honor a DMCA takedown notice (they may be required to by law, but if not, they will be held liable for any illegal content left up on the internet for any time after they receive the takedown notice. If it's a frivolous claim (or even a 'legit' one that the site owner chooses to fight in court), and the court determines that the DMCA takedown notice is in error, the host will put the site back up and can likely ignore future similar notices. If the claim is found to be legit in court, then the site owner is responsible for the legal issues, but if the host doesn't take it down immediately, they can also be sued for damages.
As you said, money is king. No hosting provider will risk a potentially 5+ figure lawsuit just to keep one $10/month account active.
Yes, PP is pretty stupid for even making the threat because if it goes to court, you can bet Disney will step in and just tell everyone to remove every single reference to their copyrighted property. That would effectively kill PP and DPP on one move and it would all be over. But they did it, so Ethan moved the site to a country that doesn't care about DMCA takedown notices...
The DMCA takedown notice can be completely false, but it will serve it's purpose: The hosting provider will take down the site until the legality of the notice can be determined. That means the owner of the site would have to hire a lawyer and prove he's doing nothing wrong. In the mean time, the site is down. As mentioned before, it's just a bully tactic (unless the site really is infringing on a copyright, but since PP doesn't own sole copyright on anything on their site, and their terms of service at the time DPP started granted free use of the entire database to anyone that wanted it, there was no infringement. But Ethan would have to go to court to prove that.) You notice he's not afraid of them as he's still running the site. If PP had a legit claim, they'd actually just take him to court. But they'd first have to prove _THEY_ own the copyright to everything on their site (i.e., all the photos with DisneyStore.com watermarks, all the descriptions that are copied word-for-word from Disney websites, anything any user posted, etc...), then they'd have to prove Ethan took the information in a matter that was against their terms of service at the time he started DPP (at that time, the TOS said anyone could copy the database. The TOS has been changed since DPP went live...)
Ask any of the hosting services you are thinking of if they would ignore a DMCA Takedown notice. I bet you won't find one, based in the US at least.
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This is what happened EXCEPT that DMCA takedown notices are not court orders, not filed or signed by a judge, and ANYONE can file them if they know how. It's actually pretty stupid because all USA hosting providers have to take action when getting a DMCA notice, so nearly 99% of them will just pull your website even if you did nothing legally wrong.
DPP is now hosted on a site outside of the USA and outside of DMCA jurisdiction. If they get a notice, the just completely ignore it now. Where the site is hosted is not bound by USA law anymore.
@rik
I am very familiar with a DMCA and the fact that PP would be stupid enough to sign one shows just how sleazy they are. When you fill out a DMCA you are swearing under penalty of perjury that you are the lawful owners of content being hosted/stolen by another site, something that we all know they are not and most importantly they know they aren't but lied about it anyway. I actually thought they they were at least a tiny bit smarter than that, clearly not the case and if Ethan received a copy of it (he should have) he needs to hold onto it because should they ever bother DPP again he is holding a smoking gun that the owners of PP perjured themselves to attempt to monopolize on this hobby.
Most of us already beleieve that those in control at PP are ruthless money grubbers that have no business in this hobby, but the fact that they broke the law and lied in order to try and prevent any competition shows their true character. For those that kept doubting/questioning Diane when she made very similar aqusatitions about the owners of PP and their affinity for dirty, dishonest and most importantly ILLEGAL behavior should rethink their positions as it cannot be any clearer than this. If PinPics would perjure themselves just to stop an alternative pin identification website what else would they do?
DPP is not selling ANY "services" they are not charging memebers for the luxury of looking at OUR own photos (yes several of my pictures are currently being used by PP) and they have promised to never be a pay to play website, so the only problem that PP has is that they know if people had a choice to use their new crappy version of their site or use a better, more detailed, more of the information that hobbyist have been begging for (owner counts, better front/back photos etc.) and to use if for FREE....well 99% of us would go the other direction. Because PP is in this business for the money they will clearly do anything necessary to prevent the massive migration that will undoubtedly occur but sinking so low that you publicly perjure yourself ......not good guys.
As for me telling you about hosting services that will ignore a DMCA, I can give you or Ethan the names of several of them that will actually ask for proof (not just them saying so) as well as a rebuttal from their site owners before yanking a site down. This is a very common tactic in the Food Blogging arena because it is competitive and people are always fighting for traffic so if someone sees a recipe that is being used on a site after they posted it, they try to have the site shut down. Just imagine how many people have and use the same recipes, I can assure you it's a LOT and I deal with this stuff more than you can possibly imagine.
My main reason to bring up USA hosting is because it's so cheap some as low as $1.99 a month, they offer unlimited bandwith and tends to be more stable than foreign hosting services. We need DPP to be able withstand the kind of traffic that it hopes to attract but paying 25x or more for it just doesn't make sense. That along with the fact that if PP wants to hang themselves and fight about it I say bring it on. This community has members that would either finance a fight or actually step in and do it themselves. There are several attorneys that I know of in this hobby and one in particular in the same general area that their claims would be filled. Even if business law is not their specialty it goes to reason that they have a basic grasp of the practice and could defend against anything that PP would be stupid enough to bring forward. Not everyone believes in fighting, I am a firm supporter of it but because it's not my website I have no ability to force it and will respect the choices of those that do no matter what those choices may be.
If the costs of hosting internationally are reasonable to those paying for it, well there is nothing else to discuss. Clearly the goal is to keep costs down so that the site can be self supporting without ever needing to ask for money or for it to be raised out of necessity. Most people are willing to donate just have an alternative but without knowing the actual cost of doing so is an area that leads to who is benefiting fom it which people love to ask and cry about. I am personally of the belief that Ethan should be paid for his efforts because he is clearly putting some real time and effort into it and I appreciate every single entry. Not sure how that idea sits with the masses but I would hope that we all believe in supporting those that are supporting us and DPP is clearly for us, we, the collectors.
Goooooooooo Disney Pin Place!!!
I am very familiar with a DMCA and the fact that PP would be stupid enough to sign one shows just how sleazy they are. When you fill out a DMCA you are swearing under penalty of perjury that you are the lawful owners of content being hosted/stolen by another site, something that we all know they are not and most importantly they know they aren't but lied about it anyway. I actually thought they they were at least a tiny bit smarter than that, clearly not the case and if Ethan received a copy of it (he should have) he needs to hold onto it because should they ever bother DPP again he is holding a smoking gun that the owners of PP perjured themselves to attempt to monopolize on this hobby.
Most of us already beleieve that those in control at PP are ruthless money grubbers that have no business in this hobby, but the fact that they broke the law and lied in order to try and prevent any competition shows their true character. For those that kept doubting/questioning Diane when she made very similar aqusatitions about the owners of PP and their affinity for dirty, dishonest and most importantly ILLEGAL behavior should rethink their positions as it cannot be any clearer than this. If PinPics would perjure themselves just to stop an alternative pin identification website what else would they do?
DPP is not selling ANY "services" they are not charging memebers for the luxury of looking at OUR own photos (yes several of my pictures are currently being used by PP) and they have promised to never be a pay to play website, so the only problem that PP has is that they know if people had a choice to use their new crappy version of their site or use a better, more detailed, more of the information that hobbyist have been begging for (owner counts, better front/back photos etc.) and to use if for FREE....well 99% of us would go the other direction. Because PP is in this business for the money they will clearly do anything necessary to prevent the massive migration that will undoubtedly occur but sinking so low that you publicly perjure yourself ......not good guys.
As for me telling you about hosting services that will ignore a DMCA, I can give you or Ethan the names of several of them that will actually ask for proof (not just them saying so) as well as a rebuttal from their site owners before yanking a site down. This is a very common tactic in the Food Blogging arena because it is competitive and people are always fighting for traffic so if someone sees a recipe that is being used on a site after they posted it, they try to have the site shut down. Just imagine how many people have and use the same recipes, I can assure you it's a LOT and I deal with this stuff more than you can possibly imagine.
My main reason to bring up USA hosting is because it's so cheap some as low as $1.99 a month, they offer unlimited bandwith and tends to be more stable than foreign hosting services. We need DPP to be able withstand the kind of traffic that it hopes to attract but paying 25x or more for it just doesn't make sense. That along with the fact that if PP wants to hang themselves and fight about it I say bring it on. This community has members that would either finance a fight or actually step in and do it themselves. There are several attorneys that I know of in this hobby and one in particular in the same general area that their claims would be filled. Even if business law is not their specialty it goes to reason that they have a basic grasp of the practice and could defend against anything that PP would be stupid enough to bring forward. Not everyone believes in fighting, I am a firm supporter of it but because it's not my website I have no ability to force it and will respect the choices of those that do no matter what those choices may be.
If the costs of hosting internationally are reasonable to those paying for it, well there is nothing else to discuss. Clearly the goal is to keep costs down so that the site can be self supporting without ever needing to ask for money or for it to be raised out of necessity. Most people are willing to donate just have an alternative but without knowing the actual cost of doing so is an area that leads to who is benefiting fom it which people love to ask and cry about. I am personally of the belief that Ethan should be paid for his efforts because he is clearly putting some real time and effort into it and I appreciate every single entry. Not sure how that idea sits with the masses but I would hope that we all believe in supporting those that are supporting us and DPP is clearly for us, we, the collectors.
Goooooooooo Disney Pin Place!!!
locostitch
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sorry wrong thread
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