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There is this site which is cloning our project "pixabay.com" in basically everything: contents, layout, etc. We would like to send a DMCA Takedown Notice to their ISP. However, when looking up the violating domain "maxpixel.freegreatpicture.com", WhoIs tools report different ISPs all the time. We sometimes got "black.host" as their hoster, then "digitalocean.com", then a company called "Nix Web Solutions Pvt".

We sent DMCA Takedown Notices to all of which, but we get this reply in almost the exact same words from all in return:

First of all before sending abuse report please make sure for it's validity, and make sure that you're sending to the right provider. You should understand that BlackHOST is not involved in the creation of the content that resides on web servers that may be accessed using BlackHOST’s network. We simply ship packets of data from one place to another. We do not look at the content of the packets. We're like the postal service, only look at the addresses that tell us where to send the packet. We can look at a web site if it is open to the public, but we have no way of knowing whether the content of the web site violates copyrights or other rights held by others. The operator of the web site may have a license to use the material or may have some other right to use it. You may tell us that the use is not permitted but we can not turn ourselves into a court that resolves these disputes. For us to take action under our acceptable use policy there must be a clear violation that we can see without relying on the assertions of a complaining party. This is rarely the case for allegations related to copyright and similar matters.

How can we find out where to send the DMCA? WHo's the responsible ISP of this site?

Simon Steinberger
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That domain currently resolves to an IP address that is outside the US. DMCA is therefore irrelevant. I've seen a few DMCA take down notices. They use very specific language and make very specific requests, they always come from lawyers.

If you are serious, then get a lawyer who specialises in this area to do it for you. Any other route will likely result in you getting the run around (as you appear to have discovered).

user9517
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  • How do you know that the current IP address is also the location of the ISP? I admit, that's likely. But at the samt time, it looks to us as if they try everything to hide their origin. – Simon Steinberger Mar 09 '17 at 08:17
  • It's not, the IP address could be in Romania or Sweden (depends on the lookup) the ISP is Nix... which appears to be based in Bangalore. You can only contact Nix and (with suitable language) request that they pass the complaint on to their subscriber. As they are outside the jurisdiction of DMCA they will likely just drop it on the floor. – user9517 Mar 09 '17 at 08:31
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https://www.whoishostingthis.com/?q=maxpixel.freegreatpicture.com

It looks like they're using Incero.

Send a DMCA takedown to them with this form:

https://www.copyright.gov/onlinesp/agents/i/incero.pdf

Here is their names: (Top right hand corner of the cloned project > Click > "Freegreatpicture" > About)

freegreatpicture.com/about

Lana del Rey
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