fyeahcopyright:

heidi8:

owlbookworm:

fyeahcopyright:

April 14, 2015 Update on ebooks-tree.com:

The original post is here. 

CloudFlare has responded to a number of people that they are only a “pass through” – basically, they do host ebooks-tree’s content but only for brief times, and we believe that ebooks-tree has been using CloudFlare to mask where they are truly hosted.

However, per CloudFlare’s policy, they have passed on to us information about where ebooks-tree is actually hosted, and here it is:

  Hosting Provider:
      —————–
      DFW Internet Services Inc. NET-DFW1
      Webzilla Inc. WEBZILLA-US-204-155-148-0-24 root@dfw.net

By some crazy random happenstance (to quote Doctor Horrible), Webzilla’s US address listed on its domain name registration page happens to be only a few blocks away from FYC’s Heidi’s favorite Lush store, and she may swing by that building later this week to see whether it’s an office with people working on stuff, or a maildrop. Webzilla’s Terms of Use say that “pirating” content is a violation of their Acceptible Use Policy (and so are schemes to defraud) so ebooks-tree is in violation of their contract with Webzilla.

However, Webzilla doesn’t seem interested in DMCA safe harbor provisions, because they don’t adhere to them per their Terms of Use, which say:

Webzilla Limited is willing to consider, of the company’s own volition, complaints sent to a designated email address or sent in writing to the appropriate street address, that appear to be genuine and meritorious; but any such complaint may be considered to be prejudiced if it does not contain the name, address, telephone number, and an appropriate email address of the complainant.

DMCA submissions do not need to include a name, address or telephone number; there’s nothing barring you from letting Webzilla know that ebooks-tree has infringed on your work, though, and you can still use the template below. However, Webzilla hasn’t actually designated any specific email address or street address to receive such missives; you can find various snail mail and email info on their website. They have a contact form there, too. 

If you hear back from anyone at Webzilla, please drop us an Ask and let us know what they said. 

Also, we’ve had a bunch of Asks on this topic. here’s some answers on: 

Info about DMCA requirements; More info; DMCA applicability

Copyrightability of RPF

How to do an electronic signature/e-sig

Here’s our tweet about the situation, and transformativeworkstweet about making it more difficult for ebooks-tree to scrape/take fics off the Archive. 

We’ll share more as we have it, and thanks to all of you for sharing so much info and support for fandom!

Yay AO3! Our tiny (but vocal) fandom titles are now off the ebooks-tree site!

Huzzah! So are our Hannah’s! (Heidi couldn’t find any of her fics, but there are so many allowed-under-law-because-it’s-public-domain copies of the novel Heidi up there that it was hard to find anything.)

Has anyone received an email response from ebooks-tree, or Webzilla? Drop us an Ask if you have!

gairid:

i-want-my-iwtv:

transformativeworks:

fyeahcopyright:

We’ve been getting pings and @’s all morning about ebooks-tree.com who seem to be scraping/taking stories off of AO3 and hosting them as PDFs and mobi downloads on their site; the site seems to be pulling from UrBookLibrary as well. They’re not reading your “do not copy/duplicate” notes on your AO3 fic; their bots are pulling things directly from AO3, without AO3′s authorization or assent. It looks like they are pulling from Wattpad too, again without authorization or assent. 

While the Ebooks-Tree DMCA page seems to imply that you need a lawyer or other “authorized person” to submit a takedown notice, you don’t; you can do it yourself

As we’ve posted before, fanfic writers hold copyright in their stories, although not in lines/quotes from the works they’ve been inspired by, and because of that, fanfic writers can submit DMCA takedown notices, or have someone do it on their behalf. While this post isn’t legal advice (none of our posts on FYC are), you might want to consider using this template (well, the bolded bits) in telling ebooks-tree to take down your content

Your Name and/or Pseudonym as an e-signature (or the name of the person you’ve authorized to submit this request, with a slash before it and after it):
Link(s) to the unauthorized works (link to the pdf, the mobi and the page hosting all of it): 
Link(s) to an authorized version of your work (whether on AO3, tumblr, LJ or somewhere else): 
An email address of the submitter (include it again even if it’s in the header): 
This statement: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
This statement: The information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

That’s it – that’s all they need to know – you can submit all the info via http://www.ebooks-tree.com/info.php?contacts with DMCA Complaint in the subject; you may wish to submit the same content to Google via this page, or to BING via this page

(Fwiw, even though they claim that they comply with the Copyright Act, they aren’t compliant with the DMCA Safe Harbor rules, as they aren’t listed on the copyright.gov list of agents.)

You can also submit a complaint about ebooks-tree to CloudFlare, who hosts the site. Their DMCA page is at https://www.cloudflare.com/abuse/form – as a matter of law you do not need to include the legal name of the copyright claimant/the fanfic writer, but  you should include the pseudonym that the fic was posted under if you don’t want to include a legal name or address.  

Hey, folks. Just so you know, the OTW is aware of this, and we’re working on deciding what action we might take as an organization. For now, here are some instructions on how to request that your writing be taken off the site.

You guys, they took one of my fics ;A; I’ll be pursuing them. To check to see if they took one of yours, copy the url below and replace my pseud with yours.

http://www.ebooks-tree.com/search.php?q=burnadette_dpdl

Fight the theft of fanfic! I’m going to send them DMCAs complaints as shown above. 

Sent my DMCA’s as well. Seeing as they have also pilfered the works of many published authors (including Anne Rice, Stephen King, Neil Gaiman and more) I’m thinking they might be in for a world of hurt. I hope so, anyway. Thanks for letting me know so quickly yesterday- you are indeed Fabulosa!

You’re most welcome! I didn’t realize that they had published authors on there as well. It’s reprehensible to steal fanfic, but it takes massive balls to attempt to steal published work, too.

AR hasn’t mentioned it on FB, does anyone think she should be made aware? She’s supposedly got the best, most vicious lawyers…