The band Skillet takes down EliteSkills.com JimmyR.com Trainear.com

/ By Webmaster [+Watch]

Replies: 126 / 8 years 105 days 16 hours 41 minutes 17 seconds

This is what took down the site earlier today

DMCA

Dear James Ruska:

We have received a valid claim under the Digital Millennium Copyright Act, codified at 17 U.S.C. 512
, that materials on your web server hosted at ServerBeach may violate the copyright
interests of the party filing the complaint.
In accordance with the DMCA, we hereby inform you that your web server has been or within the next
24 hours will be, disabled to the extent necessary to comply with the DMCA.
Your web site will remain disabled unless we receive a valid counter-notification from you. The DMCA
provides that a valid counter-notification must contain the following:
1. The counter-notification must be addressed to the host's designated agent (the "Designated
Agent") and must state, under penalty of perjury, that the infringement claim in question is a
mistake.

DMCA Notices
SERVERBEACH
101 Marietta St.
Atlanta, GA 30303

2. The counter-notification must contain the following information:
(a) a physical or electronic signature of the subscriber;
(b) identification of the material that has been removed or disabled, and its prior location;
(c) a statement, under penalty of perjury, that the subscriber has a good-faith belief that the
material was removed or disabled as a result of a mistake or misidentification;
(d) the subscriber's name, address, and telephone number(s); and
(e) a statement that the subscriber consents to the jurisdiction of federal district court for the
judicial district in which the address is
located. (If located outside the US, the subscriber must consent to any judicial district in
which ServerBeach is located.)

Upon receipt of a valid counter-notification from you, we will provide the complainer with a copy of the
counter-notification. The complainer then has not less than ten (10), but no more than fourteen (14),
business days to notify the Designated Agent that it has filed a request for a court order to restrain the
infringing activity. Unless such notice is received, ServerBeach will replace or enable the disputed material.

Your cooperation in this matter is appreciated. Please reply to this e-mail to notifying ServerBeach of the
actions you are taking to rectify this situation, or to confirm that the infringed content has been removed.


Infringing Content:

http://rp.eliteskills.com/r.php?r=51523
http://rp.eliteskills.com/vc.php?c=123034
http://rp.eliteskills.com/vc.php?c=123378


Sincerely,
ServerBeach Abuse Department
Tue Jun 12 2012 12:28:57 GMT-0500 (CDT)


Me

I said there is no infringing content and submitted a counter-notification saying there must be some error. It was just a typical roleplay with images linked from mtv's domain.

Them

Dear Sir,

Since you have chosen to submit a counter notice and not remove the photo's of
the band member's from Skillet we will forward your counter notice to the
claimant who submitted the DMCA to us. We will also ask if they give us
permission to forward you the original claim. Per the DMCA:

Upon receipt of a valid counter-notification from you, we will provide the
complainer with a copy of the
counter-notification. The complainer then has not less than ten (10), but no
more than fourteen (14),
business days to notify the Designated Agent that it has filed a request for a
court order to restrain the
infringing activity. Unless such notice is received, ServerBeach will replace
or enable the disputed material.

This means that we will have to suspend your server and the alleged infringing
content will have to remain offline for the 10 - 14 business days. If the
claimant does not notify us of a pending court order we will re-enable your
server.

Regards,

ServerBeach Abuse


Me

Tue Jun 12 2012 13:46:44 GMT-0500 (CDT)

Please do not suspend my account. I will remove all 3 links supplied. Please bring back up my account.

Tue Jun 12 2012 13:49:24 GMT-0500 (CDT)

You also did not mention who or what was asking for the material to be removed. I did not know it was not the pictures. Often people might file copyright complaints on a roleplay, when it is fair use for children to make fanfictions or the like.

The pictures are not hosted on my server. Please look at the links. There is nothing on my server that is infringing

Them

Dear Sir,

We have brought your server back online. We will allow an hour for the url's to
be disabled. Failure to do so will result in server suspension again so that
we're in compliance with the DMCA. The DMCA does not require the host to
provide the claimant's contact information. In this case we were notified by
Skillet's record company and we have asked if they give us permission to
forward the claim to you. Also, it's irrelevant whether the alleged infringing
images are hosted or not hosted on your ServerBeach server. The images are
displayed on your website that is hosted on your ServerBeach server. Therefore
ServerBeach is responsible and liable for the copyright infringement.

Regards,

ServerBeach Abuse

Me

The links have been deleted. That still makes no sense. How then does google image search work? It will show the same or similar pictures from google's domain? Google does not get shut down because the images are not on google's servers. This is very upsetting they could force people to do things abruptly without any form of discussion and all without disclosing their own information.

Reply

Dear Sir,

We appreciate the update. The claimant has given us permission to forward the
claim to you. It appears they cc'd you on it when they submitted the claim to
us. We recommend that you Google DMCA and read up on it. When we receive a
valid DMCA claim we merely process the claim so that we're in compliance with
the law, we don't pass judgement whether the alleged infringing content is or
isn't actually infringing.

cc'ed


IMMEDIATELY REMOVE THE FOLLOWING UNAUTHORIZED MATERIAL IN CONNECTION WITH
SKILLET:

http://rp.eliteskills.com/r.php?r=51523

http://rp.eliteskills.com/vc.php?c=123034
http://rp.eliteskills.com/vc.php?c=123378

The above referenced stories and profiles make unauthorized use of the name
and likeness of the artists. These artists have not authorized their names
and likenesses for this use. The information provided is not true and must
be removed immediately.


ATLANTIC RECORDS GROUP

I, the undersigned, do solemnly and sincerely declare and CERTIFY UNDER
PENALTY OF PERJURY that:

1. I am the owner or an agent authorized to act on behalf of the owner of
certain intellectual property rights, said owner being named ATLANTIC
RECORDS GROUP .

2. I have a good faith belief that the materials identified above are not
authorized by the above IP Owner, its agent, or the law and therefore
infringe the IP Owner's rights.

3. This notification is accurate.

Please act expeditiously to remove or disable access to the material or
items claimed to be infringing.

My Reply

I still don't see how I'm not protected by parody laws. Why must you shutdown my server when I state they are in error? Wouldn't it be me that has the liability so you don't have to worry about it? It's like server beach takes the side of the accuser. My server is my main source of income at the moment. You're asking me to either comply or cause myself significant financial damage. Someone could say all my pages are infringing and get them taken down for no reason because I have no real option to say they're wrong.

Roleplay Reply. Do not chat here. (50 character limit.)

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Roleplay Responses

I think it will be.
  Thorn / ShadowOfSkills / 8y 53d 13h 23m 21s
Wow this is a kick to the nuts, talk about unfair play... This is also why I personally don't do fan-fiction because someone is bound to get their knickers in a twist. ¬.=.¬

Hope it all gets sorted out fairly, looks ongoing at this point.
  Major Thomas / MajorThomas / 8y 71d 23h 11m 30s
I think that bitch jimmy had it coming
  Polsku / 8y 75d 4h 55m 39s
I can hear their panties surging up their anuses.
  095 / Cayoke / 8y 75d 6h 17m 1s
Thank you for clearing everything up, Jimmy.
  Thorn / ShadowOfSkills / 8y 82d 17h 53m 36s
These "popular" bands are only popular because they have a stock holding massive corporation backing them. The band members, background and songs are all carefully selected and marketed with millions in backing to specific demographics. They are nothing but a brand and the only reason your friends like them is because of a successful marketing campaign. Music is a social taste rather than an absolute taste, just like taste in clothing and piercings/tattoos varies in different countries. Your favorite band is as connected to the labels as your favorite sitcom. The melodies and lyrics are written for them. There's a bajillion bands and good musicials out there. Just checkout "SXSW 2012" or soundcloud. Successful pop music does not need to be good. It just needs to have a targeted marketing campaign and formulaic music. That's why the songs you hear on the radio repeat the same phrase 200 times in the 3 minute song or use the exact same melody, it is easily proven even in extremes.

Skillet? Atlantic records? Skillet is a brand sold by atlantic records. There's no difference here. Please see the links. Supporting these bands has an adverse effect on your internet freedoms. I don't know about you, but when people attack my freedom it feels egregiously offensive. More so than any insults they could have ever given or money they could have ever stolen. They're effectively saying "FUCK YOU ES MEMBERS, WE'LL TAKE DOWN YOUR WORK WITHOUT YOU BEING ABLE TO APPEAL IF WE FEEL LIKE YOUR CREATIVITY AND IMAGINATION IS EVEN THE LEAST BIT RELATED TO THE COPYRIGHT WORDS AND CONCEPTS WE OWN AND WE DON'T CARE ABOUT PARODY OR ROLEPLAY. IT'S NOT JUST A FUCK YOU. IT'S THAT WE'RE GOING TO FORCE YOU TO STOP EVEN IF YOU DON'T WANT TO AND THERE'S NOTHING YOU CAN DO ABOUT IT YOU INSIGNIFICANT FOOLS."
  Topless Jennifer Aniston / Webmaster / 8y 83d 5h 22m 53s
Again, it's not necessarily the band members themselves. If you're going to hate someone, hate the record companies etc., who do this sort of thing, supposedly on the band's behalf. Even if the band themself doesn't even know about it.
  VampyreSienna / 8y 83d 5h 29m 43s
Starting to hate music indestroy
  ren winchester / jehutyZOE / 8y 83d 8h 16m 34s
Is there nothing that protects our creativity??
  Alice De'Morte / misuzu / 8y 83d 8h 20m 41s
Skillet will take down your work any time they want and there's nothing I can do about it. Great band.
  Topless Jennifer Aniston / Webmaster / 8y 83d 8h 25m 16s
Just putting it out there, Skillet is an amazing band.
  Azrael Michelle Night / FallenAngelAzrael / 8y 83d 11h 9m 54s
Friendship being stronger than anything, for Jonathan and Bethany Chu and their premature-born twin girls, I will remain a Skillet fan. No, I won't post their videos, or have any of their pictures, or even write that I like them on my profile but if me liking them means I deserve to be kicked off, so be it.

I love this site. It is a great part of my childhood and my adulthood. The members are friends, and some are family. However, if my standing by a band that consists of dear and close friends of mine is reason to have me leave, I will do so.

To answer further questions, I have asked Jonathan, who tours as the band's violinist, why they would attack a small-time site and he replied that they didn't know of any such thing.

Call me a liar, if you wish. I do not ask that you believe a word I say, I am simply saying what I know and have done to get to the bottom of this. Though it hurts me that the band is now getting so much bad rep here, I remain a faithful member. Though it is annoying that some company tracked down and tried to shut us down in the name of Skillet, and I understand that frustration, I will also remain a loyal fan of the band. Call me what you will. Do as you wish.

Here is to wishing none of this ever happened in the first place.
  Uro Lock Sanctuary / Urosanctuary / 8y 84d 21h 22m 22s
in room 102 theres a bunch of evil monkeys
  Jane Nightmare / NightmareShadow / 8y 86d 7h 10m 1s
O.O a room full of magnets..thats scary...that would mess up any technology that you tried to use
  Alice De'Morte / misuzu / 8y 86d 7h 11m 22s
O.O

Now that's scary... X.X
  Thorn / ShadowOfSkills / 8y 86d 15h 40m 37s
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