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Old 13th June 2012, 13:31
athlon1 athlon1 is offline
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Join Date: Feb 2011
Location: Orlando, Florida
Posts: 73
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blackwaterops, I agree, this person needs to go to the DMCA site, and follow the directions on this, he is going the wrong way about it, seems he knows his stuff, needs to search the Internet find DMCA site and tell them.But I am telling him its a lot of paper work and he really has to have proof, and the burden is on him, so he needs have all his "ducks" in a row first.
Check this out




If you discover that work you hold the copyright in is being infringed and wish to file a DMCA notice. You can take the following steps to do so.

1. Determine if the work is infringing, consult an attorney if necessary.
2. Take screenshots or otherwise preserve the infringing site, useful if a dispute should arise later.
3. Obtain a stock DMCA notice template and fill it in with the required information.
4. Using a service such as WhoIsHostingThis or Domain Tools, locate the host of the site where the work is located.
5. Look on the host's site and attempt to locate the contact information for their DMCA agent.
6. Failing that, see if the host has registered with the U.S. Copyright Office and provided the needed information there.
7. If that fails, send the notice to the host's abuse team.
8. Wait at least 72 hours and ensure that the work has been removed.
9. If unable to secure removal of work (IE: Not a U.S.-based host or otherwise uncooperative), consider filing a notice with each of the major search engines.

If everything goes according to plan, the work should be removed in a a couple of business days. Some hosts respond very quickly, even within the hour, where others make take a little more time. Be patient with your notices and be on the lookout for the work to be removed as not all hosts will send confirmations via email.

How to Respond to a Notice

If you are on the other end of a DMCA notice, you need to take certain steps to ensure that your rights are not trampled on or that the process is not abused.

1. Request a fully copy of the notice if it isn't provided so that you can understand who filed the notice, what works they are claiming to be infringing and the works they say are the originals.

2. Determine if the notice is valid or was sent in mistake. Consult an attorney if necessary.

3. If the notice was in error or malicious, file a counter-notice as promptly as possible, even if you do not wish to have the work restored. Instructions for doing so should be included with the notification of the takedown. If required, you can use a template for responding.

It is important to file a counter-notice if the takedown was sent in error, even if you view the takedown as not being a big deal because hosts are required to ban and delete accounts of repeat infringers. If you receive too many DMCA notices, you may find your entire account disabled, even if the takedown notices were invalid. As such, it is important to file counter-notices to prevent such an action from happening.

Takedowns in Other Countries

The biggest limitatin to the DMCA notice and takedown system is that the DMCA is limited to the U.S. and only applies to Web hosts and search engines located within the country.

However, other nations have adopted very similar systems. The European Union, has the European Directive for Electronic Commerce, which offers a very similar procedure (though implementation differs from country to country). Australia is another nation that has a notice and takedown system.

Other nations, such as India, do not have any safe harbor at all, meaning that there is no formal system for demanding removal of work but hosts are generally cooperative due to the threat of a lawsuit. Still other nations, including Canada, have no notice-and-takedown system but also provide complete safe harbor for Web hosts, meaning there is little way to compel Web hosts to remove content short of a court order.

When filing a takedown notice with an ISP in another country, it is best to check the laws that exist there and ensure that your notice is compliant with their terms.

Cautions

The DMCA process, whether on the filing or receiving end, should never be taken lightly as missteps could, and often do, have very serious legal implications. If you are unsure about what to do in a specific situation, consult an attorney.

Bottom Line

As controversial as the DMCA safe harbor protections have been at times, it has enabled many of the sites we enjoy every day. Furthermore, many of the incidents that have caused controversy could have been resolved by one or all parties understanding the law better and using it correctly.

This is why everyone who posts content online should be at least aware of this process and how it works. Even if you aren't a U.S. citizen, it is very likely your host is and the search engines people use to find you almost certainly are. As such, the law can affect you.

Fortunately, the process itself is fairly easily understood and offers a great deal of protection. for those who both need to file a notice against infringing material and those who are filed against without cause. However, as with any law, it is up to us to apply it correctly and that is the greatest challenge we face.

Have a blessed day
scotty
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