To DMCA or not to DMCA

[MRock]

Checking my stats today and I see some hits coming from inside a sites members area. Curious, I went and joined the site. Inside their movie section were 3 movie thumbs of my content. The links did not work though, and the movie files were not listed in the video directory. They had a News section where I found an apology to the members for their down time and a plug for the 3 new movies just posted (mine), but then an acknowledgement of the site they came from and a direct link to my clip store. Also, I noticed on the free area of the site that the last update was said to have been Sept. 2006.

Should I DMCA this joker with CCBill, his processor? Can I even file one since the movies are not there right now? Or should I just take the traffic and keep an eye on it?

[gonzo]

Originally Posted by MRock

Checking my stats today and I see some hits coming from inside a sites members area. Curious, I went and joined the site. Inside their movie section were 3 movie thumbs of my content. The links did not work though, and the movie files were not listed in the video directory. They had a News section where I found an apology to the members for their down time and a plug for the 3 new movies just posted (mine), but then an acknowledgement of the site they came from and a direct link to my clip store. Also, I noticed on the free area of the site that the last update was said to have been Sept. 2006.

Should I DMCA this joker with CCBill, his processor? Can I even file one since the movies are not there right now? Or should I just take the traffic and keep an eye on it?

I would. They are your images too arent they?

[Hell Puppy]

Coming from a members area that COULD be good traffic. If it converts, work WITH the guy.

If it doesn't or if he's a dickhead when approached, DMCA his ass.

[Paul Markham]

Originally Posted by Hell Puppy

Coming from a members area that COULD be good traffic. If it converts, work WITH the guy.

If it doesn't or if he's a dickhead when approached, DMCA his ass.

You have just given me a wonderful idea. Thanks.

[MRock]

Originally Posted by Hell Puppy

Coming from a members area that COULD be good traffic. If it converts, work WITH the guy.

If it doesn't or if he's a dickhead when approached, DMCA his ass.

I guess that's what my hesitation is ... the last update was over a year ago, I'm getting traffic from it, which is making some sales for me, and the movies are not even there any more. A few years ago I would have hit the roof and gone after the site ... now I think, maybe it's not so bad ...

I think I'll drop an email to the site admin today. I've already spoken to CCBill and they said to file the DMCA and they would handle it.

Thanks for the responses gang ...

[TheEnforcer]

Good luck.

[DannyCox]

We have filed a number of DMCA against sites, but we always check what the traffic is doing. As has been mentioned, if they are using watermarked content, it's not much difference than the stuff we give away for promotional use. But it's always decided on a case to case basis.