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  1. #1
    notary sojac Herb ԿԬ's Avatar
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    Exclamation amazon.com addresses NetEnforcers issue
    this from today's amazon.com forum:


    Associates -
    It has come to our attention that some participants in the Amazon.com Associates Program have received letters from an entity called "Net Enforcers" or from a law firm working on behalf of Net Enforcers. In these letters, Net Enforcers alleges that certain product images or other web site content violates their clients intellectual property rights. Some of you have received these letters because of images or other content that you receive from Amazon.com as a result of your participation in our Associates Program. We believe these claims regarding Amazon Web Services are simply wrong, and we are committed to working with you and Net Enforcers to help resolve these issues. If you would like Amazon.com to respond to Net Enforcers on your behalf, please contact us at associates@amazon.com, and include a copy of any letters you have received from Net Enforcers regarding Amazon.com content.

    Regards,

    The Amazon.com Associates Team

  2. #2
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    Amazon, a big daddy for sure, looking out for the interests of their affiliates! In this industry, I find that delightfully refreshing.

  3. #3
    notary sojac Herb ԿԬ's Avatar
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    Cool
    still think they should have thought out the mechanics more . . . like a real mail address to receive those copies at.



    but yes, refreshing -- and only a month or more late, too.



    but more than some merchants would do.

  4. #4
    ABW Ambassador
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    That's great. Amazon will take care of it.

  5. #5
    Life is Supposed to be Fun! Rexanne's Avatar
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    Gotta love Amazon. I just wish they paid more ... although I've reached the 7% threshold so far this Q, hoping to go to 7.5 before it's over. I trust Amazon to "do the right thing" otherwise, I'd never promote a 5% merchant. Blech ... still, 5% is better than nothing if other merchants don't perform at all. AND they're on top of things like this stupid Net Enforcer issue which I still think is bogus and a way for Net Enforcer to run other affs out of business.
    Peace,

    Rexanne

    Rexanne.com
    Loving Everyone's Child Creates Magic


  6. #6
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    Thanks for that post Herb.

    I have a site that was shut down by a frivolous DMCA Complaint sent to my hosting company from Net Enforcers/Ellis & Venable.

    My site was shut down without prior notice from Net Enforcers/Ellis & Venable or my hosting company HostGator.

    I thought that a hosting customer was to be given notice to remove any alledgely infringing material prior to having your site shut down. I was given assurances by HostGator that they would notify me if any similar situations arose. Unfortunately these assurances were false. I was shut down again without any prior notice whatsoever. All my questions to Hostgator as to why I received no prior notification have gone unaswered.

    I'm just curious, doesn't DMCA require your hosting company to give you prior notice before they shut you down?

    I have sent the necessary information to Amazon as Herb has outlined.

    I am pleased to tell you that Amazon has been there working with me from day one and I look for these matters to be resolved soon.

  7. #7
    notary sojac Herb ԿԬ's Avatar
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    sounds like good news; I assume you're hearing positive things from AMZN.

    If you read the actual DMCA you'll find a section that calls for penalties for frivilous(?) claims. Could be interesting.

    Also, I heard a rumor of a class action suit against these folks, but don't have any real information.

    http://www.copyright.gov/legislation/dmca.pdf

  8. #8
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    Hello Herb ԿԬ,

    Thanks for your input and for the helpful link. I immediately saved the PDF to my hard drive for future reference.

    Re: "sounds like good news; I assume you're hearing positive things from AMZN."

    You are absolutely right. So far so good and it seems AMZN is really working hard to get things resolved.

    I'd love to hear about anything else you might hear regarding the class action suit.

    Thanks again for your response.

  9. #9
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    That's great, merchant back up

  10. #10
    Lite On The Do, Heavy On The Nuts Donuts's Avatar
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    The DMCA does not require the hosting company to give the website owner any notice. What the clause does is remove any liability, on the part of the hosting company, if they promptly act on submitted DMCA replies. So you see, hosting companies can completely, and legally, shield themselves from any repercussions if they act promptly to remove the infringing materials, even if it's only alleged, not yet proven. For $6 a month or so, your hosting company won't care about your site, they can avoid huge legal risks by taking you offline.

    Lessons learned:
    1) if the only copy of your site is on your host's server, you setting yourself up to lose everything. backup often, away from your hosting company's server.
    2) when someone steals your stuff, best bet is to do a whois / dns lookup of the infringer and send a DMCA complaint to their hosting company. (I used to send the infringer an email first, but most got pissy with me, so I just shut down their sites via host company DMCA filing now)

    ps - i'm not a lawyer.

  11. #11
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    Hey Donuts,

    I appreciate your input.

    It's always good to have a better understanding of the things which can really influence your online business.

    Thanks again for the info.

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