ProvenceBeyond says 'non' to copied text -- Chilling Effects Clearinghouse

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ProvenceBeyond says 'non' to copied text

July 13, 2005

Sender Information:
provencebeyond.com
Sent by: [Private]
[Private]
Grasse, 06130, France

Recipient Information:
Customer Support, DMCA Complaints
Google, Inc.
Mountain View, ca, 94043, usa

Sent via: FAX
Re:

Number of pages: Total 10
1 page cover
6 pages text
3 pages photos

The copyrighted work at issue is the text that appears on the following pages of our web site ProvenceBeyond.com as well as 5
photos. Please note that our root domain name is www.beyond.fr, and both URLs refer to the same physical site.
Roquebrune page and 2 photos
http://www.provencebeyond.com/villages/roquebrunecm.html including 2 photos
http://www.provencebeyond.com/villphotos2/roquebcmP2.html
http://www.provencebeyond.com/villphotos2/roquebcmP3.html
St Jean Cap Ferrat page and 1 photo
http://www.provencebeyond.com/villages/stjeancf.html including a photo
http://www.provencebeyond.com/villphotos2/stjeancfP04.html
St Tropez page and 2 photos
http://www.provencebeyond.com/villages/sttropez.html including 2 photos
http://www.provencebeyond.com/villphotos2/sttropezP02.html
http://www.provencebeyond.com/villphotos2/sttropezP08.html
Antibes page http://www.provencebeyond.com/villages/antibes.html

Photos: We have provided you with printouts of the original 5 photos, which you will see, are larger than the cropped versions we used on online and that were stolen, sometimes cropped a bit more, sometimes not. We can send the files to you by email if you wish.

Meta description: Our slogan for many years, used as our meta description was:

"An informative view of the back country 'Beyond' the French Riviera with numerous photos, ancient villages, interesting sites, current events and selected other links"
This can be found by looking up www.beyond.fr in Yahoo, where the database as of 12 July still contains many pages using this meta description (which we changed in June 2005).
Summary
Search enquiry is "france-hotel.org.uk" or "gulf-of-saint-tropez.org" both of which are in your cache, or any of the other URLs listed below.
The material that is infringing our copyright is displayed on a number of different web sites that appear to be part of a single "system" based on the information we have found regarding:
the name of the owner of the domain names (with 3 exceptions, see table in part 3),
? the fact that all the sites provide hotel booking services for France in particular,but also other places they use booking engines SecureBooking.com or usabooking.net which are owned by the same person in question.

The "system" includes the following URLs:
a. Sites describing hotels and cities, of which all include stolen content from our site provencebeyond.com (beyond.fr)
france-hotel.org.uk
hotelsdeluxe.net
la-cote-dazur.com
francebooking.net
gulf-of-saint-tropez.org
1french-riviera.corn

A site with a distorted version of the Yahoo domain name which links to many of the sites in this "system": (owned by the same person)
ahyoo.com
A "search engine" that seem to offer results only or mainly from the sites on this list or related to them: " (owned by the same person)
loladelsol.com
Booking engines which appear to be used by the sites above, both owned by the same person:
securebooking.com
usabooking.net
e. sites that link to the URLs above include Besthotelsintheworld.com
Two other sites that are related to those above are:
worldwideluxuryhotels. net
and www.db56.com " (owned by the same person)

(Part 2: Details on infringement)
FROM THE WEB SITE FRANCE-HOTEL.ORG.UK http://france-hotel.org.uk/Roquebrune/index.php
http://france-hotel.org.uk/StJeanCapFerrat/lndex.php
http://france-hotel.org.uk/StTropez/index.php

Color-coded Copyscape versions of these pages:
http://www.copyscape.com/view.php?o=72765&u= http%3A%2F%2Ffrance?hotel.org.uk %2FRoquebrune%2Findex.php&t=1121188535&s=http%3A%2F%2F www.provencebeyond.com%2Fvillages%2Froquebrunecm.html&w=40&c=

http://www.copyscape.com/view.php?o=72897&u=http%3A%2F%2Ffrance?hotel.org.uk %2FStJeanCapFerrat%2Findex.php&t=1121189050 &s=http%3A%2F%2Fwww.provencebeyond.com%2Fvillages%2Fstjeancf.html&w=19&c=

FROM THE WEB SITE HOTELSDELUXE.NET http://hotelsdeluxe.net/SaintTropez/index.html
Color-coded Copyscape versions of these pages:
http://www.copyscape.com/view.php?o=72970&u=http%3A%2F%2Fhotelsdeluxe.net %2FSaintTropez%2Findex.html&t=1121189241&s= http%3A%2F%2Fwww.provencebeyond.com%2Fvillages%2Fsttropez.html&w=27&c=

FROM THE WEB SITE LA-COTE-DAZUR.COM
http://la-cote-dazur.com/roquebrune/
http://la-cote-dazur.com/sttropez/
http://la-cote-dazur.com/golf/
(beach photo mid-page is ours)
http://la-cote-dazur.com/antibes/antibes.html.
Color-coded Copyscape versions of these pages:
http://www.copyscape.com/view.php?o=72765&u=http://la-cote-?dazur.com/roquebrune/&t=1121188535&s= http://www.provencebeyond.com/villages/roquebru necm.html&w=27&c=

http://www.copvscape.com/view.php?o=72970&u= http%3A%2F%2Fla-cote-?dazur.com%2Fsttropez%2F&t=1121189241&s= http%3A%2F%2Fwww.provencebeyond.com%2Fvillages%2Fsttropez.html&w=27&c=
http://www.copyscape.com/view.php?o=72970&u= http%3A%2F%2Fla-cote-dazur.com%2Fgolf%2F&t=1121189241&s=http%3A%2F%2Fwww.provencebeyond.com%2Fvillages%2Fsttropez.html&w=27&c=

http://www.copyscape.com/view.php?o=73165&u= http%3A%2F%2Fla-cote?dazur.com%2Fantibes%2Fantibes.html&t=1121189863&s= http%3A%2F%2Fwww.beyond.fr%2Fvillages%2Fantibes.html&w=18&c=
FROM THE WEB SITE FRANCEBOOKING.NET
http://www.francebooking.net/Roquebrune/ http://www.francebooking.net/stjeancapferrat/
Color-coded Copyscape versions of these pages:
http://www.copyscape.com/view.php?o=72765&u= http%3A%2F%2Ffrancebooking.net%2FRoquebrune%2F&t=1121188535&s=http%3A%2F%2Fwww.provencebeyond.com%2Fvillages%2Froquebrunecm.html&w=25&c=

http://www,copyscape.com/view.php?o=72897&u= http%3A%2F%2Ffrancebooking.net%2FStJeanCapFerrat%2Findex.html&t=1121189050&s= http%3A%2F%2Fwww.provencebeyond.com%2Fvillages%2Fstjeancf.html&w=30&c=

FROM THE WEB SITE GULF-OF-SAINT-TROPEZ.ORG
http://www.gulf-of-saint-tropez.org/StTropez/
text and photo as listed above
links on the home page lead to other sites referred to already in this memo

FROM THE WEB SITE 1FRENCH-RIVIERA.COM
Use of our meta description slogan at the bottom of the home page of http://1french?riviera.com/
along with the photo of the beach identified above.
Other sites that appear to be "part of the system"
ahyoo.com
http://ahyoo.com/
This site links to several sites above that contain the stolen material
Securebooking.com
http://securebooking.com/ this home page links extensively to the sites listed above containing the stolen material, and links to other sites as well, some owned by the same person
Besthotelsintheworld.com http://besthotelsintheworld.com/

This home page links extensively to the sites listed above containing the stolen material, and links to other sites as well, and is hosted by the same company as many sites listed above. I was not able to find the domain name owner.

Contact information for myself
I can be contacted at [private]@netjmc.com.
Contact information for the infringer
The email contact for the person in the Whosis is [private]@fccint.com or a variation thereof, for some sites when the owner of the domain name is different (ref table below.)

Before realizing the extent of the "system", I attempted contact with the owner of france?hotel.org.uk ([private]@france-hotel.org.uk) but my email was undeliverable.

The hosting companies for most of the sites are Hurricane (Fremont California) and some at ServePath (San Francisco). All the email contacts are from a company with an address in Japan: fccint.com.

FCCINT.COM (according to Whosis) is hosted by Hurricane 64.62.251.21
Hurricane Electric HURRICANE-4 (NET-64-62-128-0-1)
64.62.128.0 - 64.62.255.255 Argon Blue HURRICANE-CE0923-381 (NET-64-62-251-0-1)
64.62.251.0 - 64.62.251.255

There are 4 people on the lists below:
[private] who is the owner of almost all the domain names, and 3 other people, 2 of whom have email at his root email at fccint.com:
[private] ([private]@fccint.com) for hotelsdeluxe.net
[private] ([private]@fccint:com) for gulf-of-saint-tropez.org
and [private] ([private]@db56.com) for worldwideluxuryhotels.net, whose technical contact is [private]@fccint.com.

I would imagine that Captain [private], owner of ahyoo.com is a pseudonym...?

Side note: It is amusing to note that John Pepin (John is English for Jean in French) is the name of the person who reserved domain names, then sold them, including Ronaldbiggs.com to the well-known train robber. See:
http://www.swns.com/vaults/biggs.htm
John Pepin, surely a coincidence (!) ran BuyThisDomainName and his address was or is 3 Delara Way, Woking, Surrey GU21 1NY, U.K.
He is accused of being a cyber squatter, but denies it!
http://www.whoisfinder.com/news/200003/great-domain-robbery.html

DOMAIN NAME OWNER ACCORDING TO
WHOSIS IP INFO
france-hotel.org.uk [private]
elected to omit address 66.160.181.17
Hurricane Electric HURRICANE-7 (NET-66-160-128-0-1)
from Whosis 66.160.128.0 - 66.160.207.255
Argon Blue HURRICANE-CE0923-523 (NET-65-160-181?
0-1) 66.160.181.0 - 66.160.181.255
la-cote-dazur.com [private]
([private]@fccint.com) 66.160.147.7
Hurricane Electric HURRICANE-7 (NET-66-160-128-0-1)
[private]
Nice NA,06200 FR 66.160.128.0 - 66.160.207.255
Argon Blue HURRICANE-CE0923-4619 (NET-66-160?
Tel. +33.[private] 147-0-1) 66.160.147.0 - 66.160.147.127
francebooking.net [private]
([private]@fccint.com) _
66.160.181.160
Hurricane Electric HURRICANE-7 (NET-66-160-128-0-1)
[private] 66.160.128.0 - 66.160.207.255
Nice, 06200 Argon Blue HURRICANE-CE0923-523 (NET-66-160-181?

FR +33 [private] 0-1) 66.160.181.0 - 66.160.181.255
hotelsdeluxe. net [private]
([private]@fccint.com)
[private] 66.160.147.20
Record Type:
Hurricane Electric HURRICANE-7 (NET-66-160-128-0-1)
Nice, NONE 06100
FR 66.160.128.0 - 66.160.207.255
Argon Blue HURRICANE-CE0923-4619 (NET-66-160?
+334 [private] 147-0-1) 66.160.147.0 - 66.160.147.127
gulf-of-saint- [private] 64.62.251.45
tropez.org avenue George Clemenceau
Ste Maxime, 83120, FR Hurricane
33.[private]
Registrant Email:[private]@fccint.com
Tech
Phone:+81.[private]
Tech
Email:[private]@fccint.com
Besthotelsintheworld
.com Hurricane 66.160.147.108

ahyoo.com Captain [private]
([private]@caribbean-
connection.com)
Captain Morgan
[private]
GHARB, Gharb, MT
00 356 21 659 325
Administrative, Billing Contact:
FCC International Inc.
([private]@fccint. com)
Billing Contact:
[private] ([private]@fccint.com)
[private] , Nice, 06200
FR, +33 [private] 69.59.140.24
OrgName: ServePath, LLC
OrgID: SERVEP
[private], San
Francisco, CA, 94103, US
ReferralServer:
rwhois://rwhois.servepath.com:4321
http://www.servepath.com/
SecureBooking.com [private] ([private]@fccint.com)
[private] Nice, 06200
FR, +33 [private] 69.59.140.24
OrgName: ServePath, LLC
OrgID: SERVEP
usabooking.net [private] ([private]@fccint.com)
[private], Nice, 06200
FR, +33 [private] OrgName: ServePath, LLC
OrgID: SERVEP
loladelsol.com Registrant:
[private] ([private]@fccint.com)
[private] Nice, 06200
FR, +33 [private] 66.160.147.10
Hurricane Electric HURRICANE-7 (NET-66?
160-128-0-1)
66.160.128.0 - 66.160.207.255
Argon Blue HURRICANE-CE0923-4619
(NET-66-160-147-0-1)
66.160.147.0 - 66.160.147.127
worldwideluxuryhotels.net [private] ([private]@db56.com)
[private]
L'escarene, NONE 06440, FR
+33.[private] ServePath,
Billing Contact:
FCC International Inc.
([private]@fccint.com)
www.db56.com Registrant:[private]
([private]@fccint.com)
[private]
Nice, 06200, FR +33 [private] ServePath

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner or the law because I and my husband, [private] are the owners. We have not licensed our text or photos to any other web site.
The infringing sites are:
francebooking.net
france-hotel.org.uk
gulf-of-saint-tropez.org
hotelsdeluxe.net
la-cote-dazur.com
1french-riviera.com

The other sites listed are part of the interlinked system of sites, providing booking services and search facilities on the infringing and other sites.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner along with my husband Russell Collins and am therefore authorized to act on behalf of our exclusive right that is allegedly infringed.

I am the marketing person for ProvenceBeyond.com and Beyond.fr (same physical web site.) My husband, [private] and I own the site and produce all the content personally.

My telephone is Intl + 33 (France) [private].
(Please do not use my fax, which is not always connected.)

My email is [private]@netjmc:com
Date: 13 July 2005

[attachments]

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FAQ: Questions and Answers

[back to notice text]

Question: Why does a search engine get DMCA takedown notices for materials in its search listings?
Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These 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 users' materials it links to, 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.

Topic maintained by Samuelson Law, Technology and Public Policy Clinic

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