Archives Of The Dead - Destroyed

[archivesofthede]

As some of you know the archivesofthedead.com website was banned for "copyright violation".

Thanks to everyone who tried to make it a great resource website.

It seems that my web host Linksky thought it was a violation and shut it down.

They won't allow me access to the data or or images.

All my backups are gone and I have no means to retrieve the information now.

Sorry. :(

[axlish]

That sucks. You may have been in violation, but it is a promotional violation that companies don't mind because it helps them gain publicity.

[Neil]

As some of you know the archivesofthedead.com website was banned for "copyright violation".

Thanks to everyone who tried to make it a great resource website.

It seems that my web host Linksky thought it was a violation and shut it down.

They won't allow me access to the data or or images.

All my backups are gone and I have no means to retrieve the information now.

Sorry. :(

FFS! What exactly was the problem? ie: What did you do that I haven't?

[AcesandEights]

Archives, that is horrible! I can only imagine how much time and effort you spent on that site. Sorry, man. Very sorry, in fact, for this bullshit to have befallen you.

:(

[Yojimbo]

Archives, that truly sucks, especially after all that effort. What a total shame! Dude, I am very sorry to hear about this and will miss the site which was an asset to collectors and fans everywhere.

Did they or you get a cease and desist letter from Rubenstein's legal reps?

This is totally fucked. I cannot see how anything that you were doing would have any consequences for the copyright holders other than promoting their material FOR FREE! It seems to me a legal argument over fair use could be reasonably made (of course, I'm not an attorney so I don't know for sure) Is there a process through which you can appeal the shutdown, or is this a case closed matter? It seems very wrong that they could hit you with this without warning you first.

Anyway, sorry for this, brother, but this is not fair to you or anyone else.

[archivesofthede]

I'm still talking to them. From what they said, they got an e-mail. That's it. The guys over at ATZ said Linksky (the host) doesn't like when websites get to big and jump at the first chance to shut them down. They only want resellers. The worst part is I can't just move the site because I saved all my backups to FTP on the site and they removed my access. I was almost in tears. I wish they would have done this months ago. I had over 1,000 listings and several people besides myself did a lot of research.

I hope to get something resolved this week. :annoyed:

[DubiousComforts]

As some of you know the archivesofthedead.com website was banned for "copyright violation".
That's impossible; it's not a copyright violation to publish photos of items that you own. Look up the first-sale doctrine and how it pertains to copyright.

I'm unfamiliar with your web site and the content that it contained exactly (I'm assuming photos of items in your living dead collection as you've posted here), but it sounds like a panicky, gun shy hosting company is the real culprit.

[3pidemiC]

Terrible news. Hopefully this can be worked out.

[Neil]

I'm still talking to them. From what they said, they got an e-mail. That's it. The guys over at ATZ said Linksky (the host) doesn't like when websites get to big and jump at the first chance to shut them down. They only want resellers. The worst part is I can't just move the site because I saved all my backups to FTP on the site and they removed my access. I was almost in tears. I wish they would have done this months ago. I had over 1,000 listings and several people besides myself did a lot of research.

I hope to get something resolved this week. :annoyed:

Surely they can permit just FTP access?

[capncnut]

Is there a lesson in all this? Yup, there is. Whenever building a website ALWAYS ALWAYS ALWAYS keep your shit backed up, either on a disc or just on your PC. I'm having website troubles too and recently pulled my site from a nameless host because the downtime was simply outrageous. I've started again from scratch with a new host and it's only taken me a couple of days to get back to where I was because I kept everything.

But anyhow, sorry about your site, man.

[DubiousComforts]

The worst part is I can't just move the site because I saved all my backups to FTP on the site and they removed my access.
Where is this hosting company located? If they won't grant FTP access so that you may regain ownership of your files, take them to small claims court for damages covering loss of your property. The maximum amount that you can sue for is usually $4000-$5000, but it's designed so that you may represent yourself.

If the hosting company is located outside of your state, file a complaint with their state's department of consumer affairs. That gets results every time.

[DawnGirl27]

Sorry, archives. You put alot of work into the site and I enjoyed browsing from time to time. Hope this can be resolved. :(

[Slain]

Archives, when was the last time you cleared out the temporary internet files on your computer? I didn't know my computer stored images and files I viewed on the internet for faster web surfing when I first got into computers. I only learned about stored internet files when my computer's hard drive ran out of room. If you haven't deleted stuff in your temporary internet file lately, you could recover some of your lost date.

I know this is pretty lame suggest, but it's the only bit of help that I can offer.

[Neil]

Where is this hosting company located? If they won't grant FTP access so that you may regain ownership of your files, take them to small claims court for damages covering loss of your property. The maximum amount that you can sue for is usually $4000-$5000, but it's designed so that you may represent yourself.

If the hosting company is located outside of your state, file a complaint with their state's department of consumer affairs. That gets results every time.

You'll find in the small print that they don't guarantee your data, I'm sure!

[capncnut]

You'll find in the small print that they don't guarantee your data, I'm sure!
Yup, I think most hosts have it in the small print that they have the right to block access/remove the site without notice. In fact, they also urge members to keep all their data in case of such decisions.

[DubiousComforts]

You'll find in the small print that they don't guarantee your data, I'm sure!
Does said small print specifically mention they may delete your data without permission? In the USA, the courts decide what is allowed by law, not the fine print in the terms and conditions of a web hosting company's site. It only costs a small fee to file suit in small claims court, and it's free to lodge a complaint with the dept. of consumer affairs. And if a phone company or cable provider happens to be hosting your web site, you can also file a complaint with the public utilities commission (also free).

The only reason people typically avoid complaints regarding Internet service/hosting is because they have been caught doing something wrong. AFAIK, Archives did nothing illegal if he was simply publishing photos of items in his own collection.

[Andy]

Does said small print specifically mention they may delete your data without permission? In the USA, the courts decide what is allowed by law, not the fine print in the terms and conditions of a web hosting company's site. It only costs a small fee to file suit in small claims court, and it's free to lodge a complaint with the dept. of consumer affairs. And if a phone company or cable provider happens to be hosting your web site, you can also file a complaint with the public utilities commission (also free).

The only reason people typically avoid complaints regarding Internet service/hosting is because they have been caught doing something wrong. AFAIK, Archives did nothing illegal if he was simply publishing photos of items in his own collection.

Not specifically true, when you sign up your agreeing to those terms and conditions and if the host puts a clause in saying they have the right to block access/remove the site without notice in there then you are also agreeing to that, making it legal.

[DubiousComforts]

Not specifically true, when you sign up your agreeing to those terms and conditions and if the host puts a clause in saying they have the right to block access/remove the site without notice in there then you are also agreeing to that, making it legal.
That's certainly what all web hosting companies would like their customers to believe, but such "contracts" are contested in court all the time.

But hey, I'm not arguing against anyone's right to believe everything they read in the fine print of said "terms and conditions." ;) If someone enjoys sitting back and taking whatever these douchebag companies dish out, then by all means they should bend over and knock themselves out.

[archivesofthede]

I found out today from the host "Linksky" more details.

They are claiming several DVDs and VHSs "images" and "description text" had been taken from someone elses website. They say this is why they shut the site down. And this is against their AUP, etc.

This person apparently sent an e-mail saying he owned the copyright on those images and text. And here we are. :x

I can't even find out what they are talking about because I have no access to anything. :-(

I wish someone would have just contacted me so I could have looked into it and corrected any problems. Hell, I had people sending me shit daily. I assumed that it was all their stuff. Is that really my fault? I guess so.

I thought I was doing a good thing for fellow zombie fans and collectors. It never even cross my mind that I might be doing anything wrong, lol.

Oh well, live and learn I guess.

[Neil]

I found out today from the host "Linksky" more details.

They are claiming several DVDs and VHSs "images" and "description text" had been taken from someone elses website. They say this is why they shut the site down. And this is against their AUP, etc.

This person apparently sent an e-mail saying he owned the copyright on those images and text. And here we are. :x

I can't even find out what they are talking about because I have no access to anything. :-(

I wish someone would have just contacted me so I could have looked into it and corrected any problems. Hell, I had people sending me shit daily. I assumed that it was all their stuff. Is that really my fault? I guess so.

I thought I was doing a good thing for fellow zombie fans and collectors. It never even cross my mind that I might be doing anything wrong, lol.

Oh well, live and learn I guess.

So surely you can just say, someone sent you the images and text, and you were under the understanding it was their images and text, where infact it appears it was not?

If they simply tell you the images/text in contention you'll happily remove them until the matter is resolved.

Their approach to this seems terrible - All they had to do was email you and you would have no doubt just quickly resolved the matter. As it stands they are wasting countless hours of your time and their time on heresay. ie: Have they taken down your site solely on someones email?

[capncnut]

Their approach to this seems terrible - All they had to do was email you and you would have no doubt just quickly resolved the matter.
They do this all the time. I've seen tons of threads on the various hosts I've used, generally along the lines of: "Why did you pull my site? If I was doing anything wrong you could've at least emailed me. All my work down the f**king drain for no reason!!!"

[archivesofthede]

Yes Neil. That is exactly what they did. I would have without a doubt fixed any problem. I also checked the copyright and found it and the guy who sent the e-mail. It appears he has the text copyrighted, for some strange reason.

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=39&ti=26,39&Search%5FArg=Telleria&Search%5FCode=NALL&CNT=25&PID=ix9EGdUJEfe3-govgI2tQCiNRfohD&SEQ=20090513172451&SID=5

Type of Work: Text
Registration Number / Date: TXu001068735 / 2002-11-01
Application Title: The living dead companion.
Title: The living dead legacy.
Description: 245 p.
Copyright Claimant: Robert Telleria, 1976-
Date of Creation: 2001
Names: Telleria, Robert, 1976-


The website is actually threee "free sites" that host everything.

http://members.tripod.com/drlogan/

and 2 others. I wish this guy would have contacted me. After viewing his site, I remember some of the items. Romerofan from my forum I believe sent these to me. Which one of you is that user?!!! Just kidding. I'm not mad anymore, just kinda heart broken. It was such a simple mistake with a simple solution that was made into this NAPSTER like conspiracy or something.

I was happy to learn as much as I did about all the memorabilia when building the site. That was the most fun I think.

[DubiousComforts]

Copyright Claimant: Robert Telleria, 1976-
Well, this explains a lot. Just speak with anyone that participates in RUSH fandom (the Canadian rock group), he's got quite a reputation for stirring the pot.

About Mereley Players (http://www.2112.net/powerwindows/transcripts/mereleyplayers.htm) <---I've read said book and it is fraught with erroneous information

[Neil]

Yes Neil. That is exactly what they did. I would have without a doubt fixed any problem. I also checked the copyright and found it and the guy who sent the e-mail. It appears he has the text copyrighted, for some strange reason.

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=39&ti=26,39&Search%5FArg=Telleria&Search%5FCode=NALL&CNT=25&PID=ix9EGdUJEfe3-govgI2tQCiNRfohD&SEQ=20090513172451&SID=5

Type of Work: Text
Registration Number / Date: TXu001068735 / 2002-11-01
Application Title: The living dead companion.
Title: The living dead legacy.
Description: 245 p.
Copyright Claimant: Robert Telleria, 1976-
Date of Creation: 2001
Names: Telleria, Robert, 1976-


The website is actually threee "free sites" that host everything.

http://members.tripod.com/drlogan/

and 2 others. I wish this guy would have contacted me. After viewing his site, I remember some of the items. Romerofan from my forum I believe sent these to me. Which one of you is that user?!!! Just kidding. I'm not mad anymore, just kinda heart broken. It was such a simple mistake with a simple solution that was made into this NAPSTER like conspiracy or something.

I was happy to learn as much as I did about all the memorabilia when building the site. That was the most fun I think.

I'm familiar with the DrLogan site... If you're sure it's him have you thought of emailing him trying to get it sorted out? If he was to remove his complaint with your host that should help?

[archivesofthede]

I'm familiar with the DrLogan site... If you're sure it's him have you thought of emailing him trying to get it sorted out? If he was to remove his complaint with your host that should help?


I e-mailed him at least half a dozen times. He won't respond.:(

I explain to him everything and apologized. I think he hates my face.

[DubiousComforts]

I e-mailed him at least half a dozen times. He won't respond.:(

I explain to him everything and apologized. I think he hates my face.
Did you read the web page that I linked to above? Why would you even bother trying to reason or apologize to a known antisocial personality?

(I'll be quiet now, as my words are having zero effect.) :D

[capncnut]

Images and photos copyright © 1978 The MKR Group. All rights reserved. Used proudly without permission.

NO part of the site may be copied on any medium, translated to any medium, or duplicated electronically or otherwise, without expressed permission of the webmaster. I don't care if you own a license in Afghanistan, consult me first.
Dude makes about as much sense as a chocolate teapot. :rolleyes:

[krakenslayer]

Someone should email him pretending to be a friend of the archives who just so happens to be a roadie or something for Rush. That might get a reaction. It's a whopper of a lie but sometimes those are the easiest to swallow. :D

[archivesofthede]

Chocalate Teapot, lol.



Well, this explains a lot. Just speak with anyone that participates in RUSH fandom (the Canadian rock group), he's got quite a reputation for stirring the pot.

About Mereley Players (http://www.2112.net/powerwindows/transcripts/mereleyplayers.htm) <---I've read said book and it is fraught with erroneous information


Sorry, didn't see this post. Thanks for the insight. I'm shocked.



Someone should email him pretending to be a friend of the archives who just so happens to be a roadie or something for Rush. That might get a reaction. It's a whopper of a lie but sometimes those are the easiest to swallow. :D


ROFL. I actually used to work at a concert center, here in Indiana. I was a stage hand. About 7 years. Never did a RUSH show though. I'm suprised they even still tour.

So yeah, I was telling Neil. Maybe, we should just salvage what I can and just upload them to HPOTD's database. I have a lot of images that I KNOW FOR A FACT are not his. Toys, Games, etc.. I guess I was smart to save them with their dates.

Example Like:
2007returnofthelivingdead2francedvd1
1985dayofthedeadpresskit1
1990nightofthelivingdeadremakefrancevhs1
etc..etc..

It doesn't list features, details or even studios.. but at least it's something. I thought about starting all over but it makes more since to enchance HPOTD since we already all use it and have a community.

I was happy to find a lot of my images in the CACHE, whoever told me to do that, I don't want to scrolll up, lol. THANKS TO YOU!

[Spider]

I know this is a few months old but I'm sorry to hear what happened to your site. I visited it a few times & liked what I saw.