81–90 of 190 posts
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People complain about the incomprehensible legalese in terms of service all the time. Here you are complaining about a lack of legalese. Shows you why people just stick with the unreadable nonsense.
No, they're complaining about the abrasiveness of the terms of service.
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It's unprofessional to let prospective customers know that EasyDNS is not a company that specializes in handling DDOS, so just keep looking for a company that can help you out? Seems refreshingly honest to me. And as a customer of theirs, I appreciate that they're looking to protect the infrastructure that I rely upon. Regarding that second part; if you do any kind of online service provision like EasyDNS, you'll qui…
>These guys are extraordinarily [...] professional. I think part of OP's complaint is they are not coming across as professional. It is entirely reasonable to take those stances but their tact is way off and definitely portrays their company in an unprofessional manner. They might be good at what they do, I wouldn't know personally, but they come off as edgy/abrasive/unprofessional and those two quotes alone would ha…
First and foremost, as far as I know, a registrar disclosing customer data without a warrant would violate the law in Germany as well. For `.de`-Domains the holder information used to be publicly available, at the dismay of privacy activists; in the same way the ICANN wanted the same. Then GDPR came and pretty much put a legally binding end to this.
And it comes down to this: Under GDPR such customer information enjoys strong protection. A lawyer has no more rights to that information than any other party who's not tasked with enforcing the law.
The intention of this letter is to gain information about the EasyDNS customer, so that this customer can be sent a cease and desist, which due to some lack in German C&D law can carry a hefty fee.
Inside Germany a whole range of law firms specialized on actively searching for unlawful behavior and sending out C&D en masse. A common practice among these firms is to scrape BitTorrent trackers for peer IPs + timestamps (or to actually manufacture them), bundling them all up in a criminal complaint so that ISPs must deliver to the state attorney the names of the customers these IP addresses were assigned to at the given time. However instead of pressing charges they will then drop the case, and instead send C&D letters to those people.
The lawyers who operate that way have become known as "Abmahnanwalt"
The lawyer who send this letter is Robert Fechner. And lo and behold: Robert Fechner is known to be such an Abmahnanwalt:
EasyDNS's Plain English Terms of Service make them seem like a really unprofessional company: >We are NOT a DDoS Mitigation Service. [...] If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned). or >Guilt-by-Association: not only do we terminate any domains or websites which vio…
It's unprofessional to let prospective customers know that EasyDNS is not a company that specializes in handling DDOS, so just keep looking for a company that can help you out? Seems refreshingly honest to me. And as a customer of theirs, I appreciate that they're looking to protect the infrastructure that I rely upon. Regarding that second part; if you do any kind of online service provision like EasyDNS, you'll qui…
No, this is simply indefensible. There's simply no way you could ever excuse this.
Suspending a customer domain is OK, this is not.
Why would EasyDNS even write about this? I was under the impression that businesses not infrequently receive threatening letters from legal firms, and that a non-trivial portion of these can’t be acted upon as they don’t follow establish legal norms. I was also under the impression that only the public prosecutor can charge someone with a criminal offence?
Iirc: the way it works in Germany is that they'd file a criminal complaint, the public prosecutor tries to get the data from the companies / will get a court order to get the data, and the original lawyer will be able to view the information as a joint plaintiff. This was very popular when file sharing was a thing in Germany: the prosecutors would investigate for copyright infringement to get the customer data for a certain IP from the ISP. The lawyers would then initiate civil proceedings and claim large damages.
EasyDNS's Plain English Terms of Service make them seem like a really unprofessional company: >We are NOT a DDoS Mitigation Service. [...] If you come on this system knowingly bringing a DDoS on your heels we shut down service (we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned). or >Guilt-by-Association: not only do we terminate any domains or websites which vio…
>we may also wildcard your DNS to localhost and set the TTL on your zone out to a year. You’ve been warned
Maliciously tampering with customer DNS configs to DoS them for extended periods? Fucking incredible.
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What this means is if you host a website for someone to sue you in a court of law the process instantly requires an international lawyer. They are not cheap. Pick your countries right and arguably you would be hard to sue. IANL but you should consult one when implementing this strategy.
Nope, that's not how it works. They can simply sue you in the jurisdiction in which you live, getting a court order for you to reveal the information. Details of where it is hosted doesn't matter. Unless you don't mind serving indefinite jail time for contempt of court.
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So any DNS registrar that registers sites accessible in Saudi Arabia is subject to its blasphemy laws? Without any presence in foreign countries, the most the foreign country can do is block the offending website or infrastructure provider. I guess they could also request extradition, but most countries only extradite citizens if what they did was also illegal in the home country.
Well no. There was one case where the USA couldn't reach a company in another country, so the next time an employee came on holiday to the USA, he was thrown in jail. Don't remember the details, unfortunately.
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No, they're complaining about the abrasiveness of the terms of service.
Personally I'll take a blunt 'no, we won't tolerate this' over a load of hot air. Get to the point and let's move on. This gets my approval.
I get suspending someone, I don't get "we may also wildcard your DNS to localhost and set the TTL on your zone out to a year"
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>These guys are extraordinarily [...] professional. I think part of OP's complaint is they are not coming across as professional. It is entirely reasonable to take those stances but their tact is way off and definitely portrays their company in an unprofessional manner. They might be good at what they do, I wouldn't know personally, but they come off as edgy/abrasive/unprofessional and those two quotes alone would ha…
The only difference between them and others is that they're plain in their language rather than obfuscating it behind lawyer speak. All providers have similar provisions hidden in their TOS, it's just buried behind layers of legalese and addendums. Personally although it might not look "professional" I wish more companies would use plain language that states what they actually mean plainly without forcing you to high…