DMCA Takedown Notice Unanswered

Hi!

I am representing a photographer whose image is being used on a website without his approval. When performing a WhoIs search, I found out that the website uses Cloudfare, and that I could submit a DMCA Notice to Cloudfare. However, I haven’t received any answer from Cloudfare, apart from an email like this:

Cloudflare received your copyright infringement complaint regarding:

Please be aware Cloudflare is a network provider offering a reverse proxy, pass-through security service. We are not a hosting provider. Cloudflare does not control the content of our customers.

Accepted URL(s)
Hosting Provider:

OVH, FR

Abuse Contact
“example”

We have notified our customer of your report. We have forwarded your report on to the responsible hosting provider.

You may also direct your report to:

  1. The provider where ynccf.net is hosted (provided above);

  2. The owner listed in the WHOIS record and/or;

  3. The contact listed on the site.

Note: A lookup of the IP for a Cloudflare customer website will show Cloudflare IPs because we are a pass-through network. The actual website is still hosted at the hosting provider indicated above. If the hosting provider has any questions, please have the hosting provider contact us directly regarding this site. Due to attempted abuse of our complaint reporting process, we will only provide the IP of ynccf.net to the responsible hosting provider if they contact us directly.

My question is as follows: Can Cloudfare help me in any way, when I give them all the information required, to take the infringing content off of a website? I have not had any answer to my different DMCA Abuse Forms i submitted…
Thank you for your help.

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For starters, Cloudflare is not a host, so the content is not hosted Cloudflare but only tunnelled through from the actual host. However, AFAIK, Cloudflare does forward respective complaints to the original host. Keep in mind, if the host is not US-based DMCA might not be applicable.

Thanks for the reply Sandro. When Cloudfare forwards the complaint to hosts, do the hosts have to act on that, or are they free to do as they please?

They are supposed to act according to the applicable laws in their jurisdiction. If I am not mistaken, you might also receive an email with the host in question.

@cloonan might know more.

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The best source of information is the tranparency report, https://www.cloudflare.com/transparency/.

Requests for content removal due to copyright
Cloudflare carefully reviews requests that we receive for content removal under the Digital Millennium Copyright Act (DMCA). If we are storing the content in question and we receive a valid takedown request that meets DMCA requirements, we will notify the user of the complaint and take steps to disable access to that content, consistent with the DMCA

Ultimately, the host has to take the action, +1 to “act according to the applicable laws in their jurisdiction”.

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