It was brought to our attention that our files were being illegally posted on www.gfxtra.com. After researching the domain, we sent out 15 DMCA's for each file to both Cloud Flare and LeaseWeb. Here are their responses...<p>LeaseWeb:<p>Unfortunately, we cannot handle your request as the mentioned website is being published and protected by the CloudFlare network:
1. The domain is being hosted on CloudFlares nameservers.
2. The domain name resolves to IP addresses under CloudFlares control.
3. When the website is entered in a browser, the browser connects to a CloudFlare IP address.<p>In LeaseWebs opinion, websites published and protected by CloudFlare,are CloudFlares responsibility. CloudFlare has a direct relationship with the website owner, since the website owner is CloudFlares customer. This puts CloudFlare in the position where they can contact the website owner directly. Also, with the domain name hosted on their name servers and the website being published through their IP’s, they have all the tools at their disposal to remove the website from the internet may the website owner refuse to cooperate. By pointing complainers towards LeaseWeb, CloudFlare is walking away from their responsibility<p>Cloud Flare:<p>Please be aware CloudFlare offers network service solutions, including a reverse proxy, pass-through security service and a content distribution network (CDN). Because CloudFlare is a reverse proxy, our IP addresses appear in whois and DNS records for websites using our services. CloudFlare is not a hosting provider, and we do not have access to our customer's content.<p>More and more of our files keep showing up on the site while both companies continue passing the buck.<p>What is the best way to deal with this issue?<p>Thanks for you help!
The DMCA takedown provisions are a safe harbor against legal liability -- compliance protects a host against legal liability they would otherwise have to a copyright holder for copyright violations. Implicitly, they are backed by the threat that, if the receiver fails to comply, they will be subject to a lawsuit for copyright infringement.<p>If you are sending DMCA takedown notices and they are being brushed off, you probably are at the point where you need to talk to a lawyer
Can you not contact the site owner? Or ask Leaseweb to forward your request to the owner? Besides that, I would assume the next course of action would seek legal advice.