Incoming links…Blog Scrapers?…stolen content
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You guys are naive. I’ve had dealings with people like this. You don’t understand what I am saying.
THERE IS NO WEB HOSTING COMPANY.
There is a company that doesn’t even bother to advertise its presence that rents spots in racks, with IP addresses, out to anybody that wants one. From Emil’s point of view (see the link), the person that rents the server is the web hosting company. All they give them is a rack, a source of power, and an ethernet drop so that they can connect themselves to the Internet.
You would have to spend thousands of dollars on lawyers and discovery to even find out who owns the server. The person that owns the server is his own ISP.
Anybody with about $100 a month can rent such a space. Any desktop computer can be set up as a server, although most are more powerful machines.
Good luck.
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cz,
Intercage owns (or rents) the servers. It is the web hosting company. nLayer owns the data center. It owns the racks.
If Intercage doesn’t respond to a DMCA notice, nLayer will — and possibly bill Intercage for the trouble:
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Some secondary evidence that Intercage does actually respond to DMCA notices, and an additional contact address:
http://www.webhostingtalk.com/showpost.php?p=5010248&postcount=68
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Telly and MadCupCake,
Believe me I am completely sympathetic with you folks, but there is nothing you can do without spending lots of money, and even if you do, you will find you get no satisfaction for your trouble. I’m involved in an Internet business. I am just trying to help you.
Intercage is what Section 512 of the Copyright Act, as amended by the Digital Millennium Copyright Act of 1998, defines as a provider of “Transitory Digital Network Communications”. Please read this …
http://www.law.cornell.edu/uscode/17/512.html
It appears to me that Emil’s business model is to rent out racks that he in turn subleases from nLayer. For nLayer, this is a good business model because they don’t want to have anything to do with Emil’s customers (and neither would you). They give Emil an entire netblock of 254 IP addresses, and he runs the show. In all likelihood, nLayer has tens of thousands of available IP addresses, and deals with a few dozen Emils, in addition to direct customers. I notice that of Emil’s netblock, 16 of the addresses are not listed, which probably means that Emil has in turn subleased them to somebody else, so that he in effect has 240.
I think what you are imagining is that this is some kind of layered system where you
1) Serve Emil with a DMCA notice and, if he doesn’t do anything you
2) Serve nLayer with a DMCA notice and, if they don’t do anything you
3) Serve ATT (and all the other network access providers) with a DMCA notice and,Emil is not an OSP. The owner of the server is his own OSP/ISP in this case. He can also be on more than one network at the same time, and it is common to do so, although generally the rack hosting company takes care of that for you. This is not an appeals system where there is a highest court. You’ve got to track down the owner of the server who Emil leases an IP to. You can go to court and force Emil to disclose who that is. That will cost you plenty. My guess is that Emil does disclose, because that’s all he has to do. He gives you some phony name, and you try to cut through more layers. You’ll never get there.
I bet Emil is a guy that takes cash or accepts payment to his Latvian/Cayman account, and doesn’t even know who a lot of his customers are.
I work with a company that hosts servers at several locations in the San Francisco Bay Area, as well as elsewhere in the USA. My company has worked for many years with someone who is the equivalent of Emil. As far as we are concerned, Emil’s function is that he lives near the rack hosting company, and we don’t. We also have one rack of our own. It’s located in a huge warehouse in Fremont, in a locked cage, and I have to present an ID to get into the building. A guard leads me to the cage and unlocks it for me. I’ve counted rows of racks, and I’ve determined that the building contains more than 5,000 racks just like the one we rent. Giant air conditioners hum. Each room has two enormous, redundant power supplies. With 5,000 racks, the building could host 75,000 servers or more, but my guess is about 20,000. Every inch of the building has video surveillance, except the bathrooms. The rack hosting company has several other warehouses just like that one, and it is not even one of the big players in the Bay Area.
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