DMCA help needed, Lawyer wants to remove name from Search Result page

[Wkids]

Recently we got a notice from lawyer. We are not hosting any pictures of her client.
Our search result page is for example: https://example.com/search-query

He wants not to use word "search query", because it is name of her client. We are not hosting anything of her client. Search page is displaying results after partial matching, means:
If some one searched "search query", it is displaying results of "sea side".

Friends help needed.
They are not sending notice to any other site which are really using their client pictures/videos. We are not using cloudflare to hide our site ip. Our site is hosting in OVH France and notice is also from France. What to do?

 

[Graybeard]

Where is the proof?
Are you in the porn or cam business in any way?
There is the right to publicity, copyright and trademark *infringement*
Is this US law or French law -- what is the jurisdiction.
Is this a troll lawyer or is the and substance.
Not enough information -- and I can't give any *legal advice* anyway

 

[Wkids]

Where is the proof?
Are you in the porn or cam business in any way?
There is the right to publicity, copyright and trademark *infringement*
Is this US law or French law -- what is the jurisdiction.
Is this a troll lawyer or is the and substance.
Not enough information -- and I can't give any *legal advice* anyway

Our site is adult pictures search engine. He sent me a notice in pdf. What to do, kindly help.

 

[Wkids]

"example.com" is not our domain name. It is for example and "search query" is also example of her client name.

 

[Wkids]

where did you get the picture and do you have license to use it?
it might just be easier to comply -- not worth the hassle.
You should consult with a licensed attorney. Start spending money -- that is the bluff here

We don't host anything, we are displaying results from xvideos and pornhub. He has problem with name and nothing else. In search page anyone can type anything and it will display result after partial match.

 

[Graybeard]

where did you get the picture and do you have license to use it?
it might just be easier to comply -- not worth the hassle.
You should consult with a licensed attorney. Start spending money -- that is the bluff here

 

[T J Tutor]

We don't host anything, we are displaying results from xvideos and pornhub. He has problem with name and nothing else. In search page anyone can type anything and it will display result after partial match.

Have you explained this and pointed them towards the source?

 

[Wkids]

Have you explained this and pointed them towards the source?

Yes he know. He have problem with name appearing in url. It is search result page and any one type anyone name. Google also dose not display 404 for any search query. Already mentioned above "search query" is his client name. He want to remove url https://example.com/search-query
Our site search result url is for query aaa bbb is
https://example.com/aaa-bbb

We already told them to take it down from google but he may be targeting our site because of France based.
He taken down other sites url from google but not our and sending notice to us.
How to handle this DMCA. Should i ignore or move to other country. I am worry because site is in France and DMCA request from France. Should i move to another country or keep running in France with backup in another country.

 

[Wkids]

This is the way the law goes (sometimes) if the image appears on YOUR DOMAIN YOU DID IT! where it is hosted is not the issue. (At instant -- if you want to use that affirmative defense you may very well need to use it in court case pleadings). Meantime, these asswipes slap your host with the DCMA and make problems for you --the host suspends your account as it's just not worth the problems (CYA action) --that's the way this shit works.

Did you check the Bar Association of that Attorney? Is it a DCMA Agent or is the letter signed AAL, Esquire or similar? Is he really a licensed attorney? Did you know that saying you are an Attorney when you are not is a felony -- I have seen that before. Is it really a angry boyfriend of a camgirl or a porn model?

Too many people are IT dumbshits -- that is our world today. You are displaying that image and they are too stupid to read the source code.

Unless, you are making a lot of money off that image and want to contest these technical issues with an IT ignorant attorney and his client. Remove your code that is rendering that image and move on. OR LAWYER UP! You can have your day in court eventually if you are willing to spend the money, time and grief --question is: Is it worth it?

Probably not ...

He has problem with name and nothing else. Suppose his client name AAAAA BBBBB. Some one searched AAAAA BBBBB, our site is displaying partial matching results as AAAAA CCCCC, AAAAA DDDDD , etc.

We have very less traffic from France. Most from Brazil.

I checked he is legal. Got mail from official mail.

 

[Graybeard]

This is the way the law goes (sometimes) if the image appears on YOUR DOMAIN YOU DID IT! where it is hosted is not the issue. (At instant -- if you want to use that affirmative defense you may very well need to use it in court case pleadings). Meantime, these asswipes slap your host with the DMCA and make problems for you --the host suspends your account as it's just not worth the problems (CYA action) --that's the way this shit works.

Did you check the Bar Association of that Attorney? Is it a DMCA Agent or is the letter signed AAL, Esquire or similar? Is he really a licensed attorney? Did you know that saying you are an Attorney when you are not is a felony -- I have seen that before. Is it really a angry boyfriend of a camgirl or a porn model?

Too many people are IT dumbshits -- that is our world today. You are displaying that image and they are too stupid to read the source code.

Unless, you are making a lot of money off that image and want to contest these technical issues with an IT ignorant attorney and his client. Remove your code that is rendering that image and move on. OR LAWYER UP! You can have your day in court eventually if you are willing to spend the money, time and grief --question is: Is it worth it?

Probably not ...

 

[Wkids]

It is letter signed AAL. Yes he is really a licensed attorney.

 

[Wkids]

Personality rights - Wikipedia
not given as legal advice for informational use only in conversation.
Personality rights - Wikipedia
#France

Thanks. Their are many people with same name. If someone trademarked his/her name then is he/she able to force other people to change his/her name?

 

[Wkids]

I went back and read again
using a person's name in a URL probably depends on the intent -- if you have a legitimate reason (like she is cam-e-whoring )
But if she doesn't want the traffic? LOL just do yourself a favor delete her name ... You are giving her free publicity and opportunities to make money and she is being a real t--t.
I had a model ask me to remove her bot feed post on Twitter -- I said OK, replied I need the post URLs you want deleted, she responded, and I deleted the posts no problem ... Man, there are 4,000 posts; you are just a cog in the wheel

Sir it is search result page. Search result page is displaying what you searched. Next day may be any one will come and ask us to not to use his/her name. It is search result page displaying what you are searching. Even google not display 404 for any search query. We have no content related to her.

 

[Wkids]

Tell it to the Judge not me
if that URL exists on your server it is yours.
Use hard 404's then there is no issue.
even better do a 410 GONE for that URL

Here is Affiliatefix url

www.affiliatefix.com/?a=porn

is this mean affiliatefix is porn site, because url contains word porn?

I think better to move to Nforce/Leaseweb/ or Ultimate option as Flokinet/Verdina. Do you know any other option?

 

[Graybeard]

Personality rights - Wikipedia
not given as legal advice for informational use only in conversation.
Personality rights - Wikipedia
#France

is this worth your time and possible issues (financial losses)?
If it is Lawyer Up... Call Saul

 

[Wkids]

Got answer from google product expert.

Can a Person's Name Be Copyrighted?

 

[Wkids]

Sorry, no xxx site is displaying 404 to any search query. Let's see what will happen. If hosting company don't want to host us then we will move to different country.

 

[Graybeard]

Nope.
But that depends on the use and the inference that is implied.
Just because my name is Donald F. Trump ....
Bad example -- a holder of political office has only very narrowly rights of personality --mainly misrepresentation. Ridicule or Parody is an allowed use for a public office holder's name.

Maybe, a Justin Bieber clone name ...

 

[Wkids]

We have no content of his client.

Here is pornhub url
pornhub.com/video/search?search=client+name
xvideos
xvideos.com/?k=client+name

none is displaying 404. These all are static page.

May be lawyer wants money because we are hosting in France.

 

[Graybeard]

Jacques Chirac
He recently died and I read an article that alleged he was on Saddam Hussein's *payroll* --accepting bribes
Former French President bribed by Saddam Hussein ― Report - Foreign
That could end up being a lawsuit IDK Blame the dead guy game
they alleged that not me or affiliatefix ...

 

[Wkids]

Next day may be again Lawyer will come ask to remove url:
example.com/?client-name


What should i do? The only solution is take site offline. You can put "/?client-name" after any domain.
This is how url parameter works. Let's see what lawyer can do. Lawyer may be foolish but not everyone.
They are only targeting us because we are hosting in France and not hiding our ip from cloudflare. All xxx sites have videos and pictures of his client. I am Waiting for response from Hosting company. If they don't want to host i will move to DMCA safe Harbor.

 

[Graybeard]

I went back and read again
using a person's name in a URL probably depends on the intent -- if you have a legitimate reason (like she is cam-e-whoring )
But if she doesn't want the traffic? LOL just do yourself a favor delete her name ... You are giving her free publicity and opportunities to make money and she is being a real t--t.
I had a model ask me to remove her bot feed post on Twitter -- I said OK, replied I need the post URLs you want deleted, she responded, and I deleted the posts no problem ... Man, there are 4,000 posts; you are just a cog in the wheel

 

[BenitoB]

You're making this issue bigger than it really is.

No one in this world spends money and invest time going to court unless it's worth it.

There's a reason behind that lawyer's decision to send you a DMCA. Either you're making a lot of money with that page or he thinks you are. I'm inclined to believe you are, otherwise you would just delete the page and move on.

Unless he has proof you're making money out of his clients name, he's just fishing and probably sending the same email to hundreds of webmasters.

If you're banking with that page, you can move your server to a non-DMCA compliant hosting in another country and just ignore him.
If you're not making any money, just tell him that and ask him to scram. He won't go fishing on a dried up lake.

 

[T J Tutor]

Hi, I read all the recommendations you were given and want to say the following.

You didn't say anything!

 

[Graybeard]

Tell it to the Judge not me
if that URL exists on your server it is yours.
Use hard 404's then there is no issue.
even better do a 410 GONE for that URL

 

[dinajafer]

Thanks for the information.

 

[oghemalish]

Hi, I read all the recommendations you were given and want to say the following. I am a law student. Not practicing yet, but I am actively studying cases. It seems to me that you should still go to advocates. Just to make sure that you do everything right and stop to suffer.
Try to go to these guys for advice. Also, I have heard from Florida.
They help with similar cases. Better to talk to professionals than listen to all the commenters.
If you go to them, tell me how much they helped you. I'm just writing my law degree. With your permission, I'll use your example.
I wish you good luck with your case!

 

[Graybeard]

Go ahead and fight your losing battle.
Copyright and the Right of Personality are not the same things.
Furthermore, this is a matter of French law as you have said.
Maybe, you will set new precedent in the Court of the French Republic.
More importantly,: a common noun 'porn' is not a proper noun like Mr. Joe Porn.
In the USA the Right of Personality is state law. That is the court where the case is filed
Practitioner's Guide to California Right of Publicity Law - FindLaw

• Where do you live?
  
• what is the law where you live and where your assets are?
• where is the person?
• where is the attorney?

A person in Romania could get a lawyer that is a member of the bar in your state (if you are in the USA) and sue you under your state's laws (possibly), or; If your are a resident of France in the French courts under French laws.
Lot of trouble over what?
Some SEO trick that made you chump change.

A lawyer can subpoena your address from the registrar -- they will comply
Did you register with a false name and address -- then that is grounds for domain name forfeiture back to the registry (ICANN By Laws that you accepted when you registered that domain name)

Apparently, this is not just the typical empty threat ...

Over what? LOL?