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Far Cry 2

Bayler
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Phpnuke-downloads.com Posted: Wed Mar 12, 2008 3:44 pm

Actually, their registry is 'Hidden'..so the only way to get that information is through a Subpoena..which..isnt a problem..however, i believe the 'Fastest way' to solve this issue is to go directly after GoDaddy.com...holding them Liable for the content of their Servers...

I quote Federal Statue: 506 section 2319 of title 18
§ 506. Criminal offenses4

(a) Criminal Infringement. —

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

DoC
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Re: Phpnuke-downloads.com Posted: Wed Mar 12, 2008 3:55 pm
Shop Purchases:Clan Roster v1.7 Php Nuke Module · Clan Roster 2.0

ah sorry didnt know they had hidden it mind you if you are going to be doing this sort of thing then you would need to wouldn't you?

Makes me think they are doing this without a doubt in my mind deliberatly.

DoC

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Ped
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Re: Phpnuke-downloads.com Posted: Wed Mar 12, 2008 4:53 pm

I submitted a new one, they have disabled her site again, maybe this time he will remove it .. i doubt it

Bayler
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Phpnuke-downloads.com Posted: Wed Mar 12, 2008 7:14 pm

Ped, Please Forward your claim to my email once they have replied to it with...blah blah blah..site down...

I want to add it to my records...

I will be using it as an argument for his.her ( Repeated Offense )!

Guardian
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Hate these types Posted: Wed Mar 12, 2008 9:31 pm

Darn!
Wish I had known about this before!! you know how I hate this type of thing guys.
Right, lets go..
I have had dealings with domainsbyproxy.com before. If you collate your data and send it to them indicating that you are persuing legal action against phnuke-downloads.com for repeated copyright infringement etc etc they usually cough up the dirt.
You can also advise domainsbyproxy.com that their client is in infringements of their own Terms which you can see here;
https://www.domainsbyproxy.com/LegalAgreement.aspx?prog_id=
Specifically they violate the following:

Quote:

Violate the law or infringe a third party’s trademark or copyright;

Duck
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Phpnuke-downloads.com Posted: Wed Mar 12, 2008 9:45 pm

I am confused? I am not sure what you guys are making claims against here? Anyone has the right to redistribute any module that operates on PHP-nuke as it is consider open source (whether you choose to illegaly encrypt the code or not). So how can you shut this person down?

lonestar
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Phpnuke-downloads.com Posted: Wed Mar 12, 2008 9:57 pm

redistributing them as there own is wrong, alot fo time and effort goes into creating blocks / mods / modules then some moron comes along and claims them as their own...

that is wrong in my eyes... Retard

Duck
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Phpnuke-downloads.com Posted: Wed Mar 12, 2008 10:11 pm

Oh I see didn't realize they were claiming to be the creators. In that case they are wrong but if they are simply redistributing then they aren't doing anything illegal and can't be shut down. Why they would claim it to be their code is beyond me?

DoC
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Phpnuke-downloads.com Posted: Wed Mar 12, 2008 10:19 pm
Shop Purchases:Clan Roster v1.7 Php Nuke Module · Clan Roster 2.0

in short, to make them look better than they actually are.

DoC

Ped
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Re: Phpnuke-downloads.com Posted: Thu Mar 13, 2008 9:04 am

He has renamed the clan roster to PND clan roster, and says its his..

They closed his site briefly yesterday but have turned it back on, so Bayler i guess you cant resubmit the same claim twice !

Are ecommerce solicitors cheaper in the US ? and cam anyone recommend one ? They are far to expensive in the UK £195 ($400) an hour !!

Duck, Any module can be copyrighted, you just have to know how to do it right, in this case i submitted a DMCA to godaddy and he then submitted a counter copyright claim saying it was his ! I was not going to pay an estimated figure of £1500 to sort it out...

Darkforge Graphics got him yesterday to remove the MILPACKS module and prior to that his site was down for 14 days because i submitted the DMCA on Clan Roster.

I have all of his subscribers files that i got off phpnuke-database.com I wont offer them to users on clan themes as 90% of them are paid for scripts from all of the top nuke sites.

www.westernstudios.net
www.nukescripts.net
www.codezwiz.com

He also likes to rename the download title slightly as to try and be a little deceitful so it doesn't attract so much attention.

Duck
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Phpnuke-downloads.com Posted: Thu Mar 13, 2008 2:56 pm

Yeah claiming the work to be his own is awful. That's pretty low and sneaky and just downright ignorant. But he hadn't named milpacs as his own had he? I mean in the list it still says milpacs so how can darkforge have him shut down for that?

Bayler
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Phpnuke-downloads.com Posted: Thu Mar 13, 2008 9:28 pm

Duck...

No They did not Claim Ownership of the script, although they did list the Author as incorrect ( Common Mistake ) since there are 2 versions of MILPACS..

However, my Claim is that my Copyright was violated do to them ( Reselling ) my script, which is the equivalent of ( Piracy ) and overrides ANY existing license even GPL...
The Loop Hole in distribution of ANY script that is not of your own as they claim being ( We can legally charge to cover costs of our servers and bandwidth ) is a crock of crap...and any attorney can chew holes in that claim...

What the issue REALLY comes down, is that not enough developers will actually go after these pricks for one of the following reasons...

1) They do not have the money to pursue civil action ( In this case Peds ) and at 195 an hour...i tend to agree with him!

2) They have not registered their work with the US copyright Office and Database This is ONLY true if the Author is a United States Citizen and NOT that of another Country as those laws may not apply. In my case is ( half true ) ...i do not hold a completed copyright ID # however it is being processed.. by the time i reach a federal court on any claims, i will hold a registered ID..so i can legally move forward with my claim.

3) Authors are just too damn Lazy to submit a simple email! This is True in MOST cases...While GoDaddy.com has aggreed to terminate their Service if 'X' amount of complaints are filed...the only people with the testicles to stand up for themselves to this date are www.clan-themes.co.uk and www.darkforgegfx.com ... Ive submitted Several Emails to Several Authors whos Proprty is being re-sold illegally...yet they are simply too damn LAZY to do anything...

I guess #3 is the part that bothers me so much...if you look through out the PHP community, there are all these Forums dedicated to ( We will do this and this if you take our stuff...but when the time comes...they are all TALK and nothing more..and its THAT VERY ATTITUDE that allows these people to get away with this behavior and these actions!

So far, Ped has sent emails, as have I, and yet nobody else wants to help themselves....so OBVIOUSLY people are going to do what they can get away with. I will say this...Clan-Themes and DarkForge GFX DONT just ( Talk Trash )....

This is EXACTLY why i no longer Build for the Public anymore...i simply build scripts for friends and ever so often do a customized job for someone for a few bucks...if you look at www.darkforgegfx.com, youll notice the name ( DELETED ) shows up often..as well as www.evolutionclans.com ..... I simply tossed in the towel until Authors start growing a pair and using them!

You will also see a lot of authors have begun encrypting their work with IonCube ....so ( Open Source is out the door ) and the only people that suffer are the ( GOOD PEOPLE ) .....

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