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OP here. thanks for the suggested links which I will try. I hope I don]t offend any open source folks here but this is commercial software with a EULA that cle

OP here. thanks for the suggested links which I will try. I hope I don]t offend any open source folks here but this is commercial software with a EULA that clearly states the software may not be redistributed without written permission so it is a license violation and has cost me some $. I found out from a potential customer that alerted me to this and said he thought my software being on sleazy download sites creates a bad image for me. I am a tiny, 1 person bootstrapped operation so I really don't want to go the DMCA route if I can avoid it.

morpheuskafka 5y ago
In that case you are definitely in the right position legally. The DMCA is about as simple as it gets. No lawyer is needed, its just a form letter. Most likely they will just take it down, only if the uploader submitted a counter-notice would you have to take further legal action.
- geocrasher 5y ago
  Agreed. A DMCA is the correct route, won't cost you anything, and will work. Be sure to send it to their upstream providers too.
  - judge2020 5y ago
    > Be sure to send it to their upstream providers too. Not immediately. > we recommend that you submit a notification pursuant to the DMCA directly to the originating site. In order for a DMCA takedown notice to a system caching service provider to be effective under 17 U.S.C. 512(b), the notice provider must demonstrate either (a) that the content has already been removed from the originating site or (b) the notice provider has obtained a court order requiring the content be removed from the originating site or access to the content to be disabled. https://www.fastly.com/acceptable-use/ https://www.fastly.com/acceptable-use/
    - geocrasher 5y ago
      I work in the web hosting industry. A lot of times people will only send dmca complaints to our upstream providers. Those upstream providers require us to take that information offline or else they'll actually cut off our access. It's a dirty tactic but it is effective.
pmarreck 5y ago
> sleazy download sites Shame. Download.cnet.com (and cnet itself) were pretty top-tier in the early public-Internet days (mid to late 90's). Guess it's a slum now
- raxrb 5y ago
  I myself have downloaded so many softwares from the cnet.com but now I don't trust it.
belval 5y ago
FWIW, I consider myself an open source person, but that doesn't mean that code that isn't open source should be freely redistributed with no regards for the original license. I wonder how many people are still in the original "all software should be free" mindset.

morpheuskafka 5y ago

In that case you are definitely in the right position legally. The DMCA is about as simple as it gets. No lawyer is needed, its just a form letter. Most likely they will just take it down, only if the uploader submitted a counter-notice would you have to take further legal action.

geocrasher 5y ago
Agreed. A DMCA is the correct route, won't cost you anything, and will work. Be sure to send it to their upstream providers too.
- judge2020 5y ago
  > Be sure to send it to their upstream providers too. Not immediately. > we recommend that you submit a notification pursuant to the DMCA directly to the originating site. In order for a DMCA takedown notice to a system caching service provider to be effective under 17 U.S.C. 512(b), the notice provider must demonstrate either (a) that the content has already been removed from the originating site or (b) the notice provider has obtained a court order requiring the content be removed from the originating site or access to the content to be disabled. https://www.fastly.com/acceptable-use/ https://www.fastly.com/acceptable-use/
  - geocrasher 5y ago
    I work in the web hosting industry. A lot of times people will only send dmca complaints to our upstream providers. Those upstream providers require us to take that information offline or else they'll actually cut off our access. It's a dirty tactic but it is effective.

pmarreck 5y ago

> sleazy download sites Shame. Download.cnet.com (and cnet itself) were pretty top-tier in the early public-Internet days (mid to late 90's). Guess it's a slum now

raxrb 5y ago
I myself have downloaded so many softwares from the cnet.com but now I don't trust it.

belval 5y ago

FWIW, I consider myself an open source person, but that doesn't mean that code that isn't open source should be freely redistributed with no regards for the original license. I wonder how many people are still in the original "all software should be free" mindset.