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 Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > CoreCodec complains of copied code (NoticeID 18513, http://chillingeffects.org/N/18513) Printer-friendly version

CoreCodec complains of copied code

April 30, 2008

 

Sender Information:
CoreCodec, Inc.
Sent by: CEO
[Private]

Recipient Information:
[Private]
Google, Inc. [code.google.com]


Sent via: fax
Re: Illegal Materials Hosted on and/or Linked To From Site Hosted by Google

To Whom It May Concem:

I represent CoreCodec, Inc. ("CoreCodec"), which owns the copyrights in CoreAVC, ("Software"). It has come to my attention that a web site hosted by Google Inc., http://code.google.com/p/coreavc-for-linux/ ("Site"), hosts and/or contains links to material that infringes CoreCodec's copyrights in the Software. This correspondence is a formal takedown notice being sent to you pursuant to Tile 17 United States Code Section 512, et seq.

The details are as follows:
Infringing Materials Hosted on and/or Linked To From the Site. The Site hosts and/or contains one or more links to CoreAVC, which contains CoreCodec's copyrighted Software. We have directly verified by downloading the file from the Site provided by Google Inc. that the file does include CoreCodec's copyrighted Software.

The same constitutes an infringement of CoreCodec's copyright in the Software. I request that you immediately remove or cause to be removed from the Site or any other site owned, operated or under the control of Google Inc., all access to and/or links to the Software. Failure to do so may subject Google Inc. to legal liability.

Please confirm to the undersigned that you have timely complied with this request. You may reach me by telephone at [private] should you require any additional information to timely comply with this request. CoreCodec, Inc., reserves all further rights and remedies with respect to this matter.
I hereby confirm that I have a good faith belief that use of the Software in the manner described in this letter is not authorized by the copyright owner, its agent, or the law, and that, under penalty of perjury, I am authorized to act on behalf of CoreCodec, Inc., the owner of the exclusive rights in the Software that are allegedly infringed.

Respectfully,
[private], CEO CoreCodec, Inc.

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a web host or blogging service provider get DMCA takedown notices?

Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)m a safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users." This safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by materials its users post, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]

Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].


Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?

Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.


Question: Does a service provider have to follow the safe harbor procedures?

Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.


Question: How do I file a DMCA counter-notice?

Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.


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