DMCA (Copyright) Complaint to Google -- Chilling Effects Clearinghouse

Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Google (NoticeID 690664, http://chillingeffects.org/N/690664)

DMCA (Copyright) Complaint to Google

November 06, 2012

Sender Information:
Screen Gems, Inc
Sent by: [Private]
Peer Media Technologies

Culver City, CA, 90232, US

Recipient Information:

Google, Inc.

Mountain View, CA, 94043, USA

Sent via: online form
Re: Websearch Infringement Notification via Online Form Complaint

Google DMCA Form: Infringement Notification for Web Search

Contact Information
Name: [redacted]
Company Name: Peer Media Technologies
Copyright holder: Screen Gems, Inc
Country/Region: US

YOUR COPYRIGHTED WORK

Notice of Infringement

Dear Sir or Madam:

I am writing on behalf of Screen Gems, Inc. owns certain rights under copyright law in â€œResident Evil: Retribution (Movie)
â€œ ("Intellectual Property"). There is a link on http://google.com with domain that allows for the transmission and/or downloading of the Intellectual Property, in violation of Screen Gems' exclusive rights under copyright law. See Exhibit A for specifics.

The unauthorized distribution or public performance of copyrighted works constitutes copyright infringement under the Copyright Act, Title 17 U.S Code Section 106(3)-(4). This conduct may also violate the Berne Convention for the Protection of Literary and Artistic Works and The Universal Copyright Convention, as well as bilateral treaties with other countries that allow for protection of Screen Gems' copyrighted works even beyond U.S borders.

In light of the foregoing, we hereby demand that you immediately cease such unlawful activities and take steps to ensure that, in the future, your Website does not infringe upon Screen Gemsâ€™ exclusive rights under copyright. Without limitation, we demand that you immediately cease and desist from using the Website to directly or indirectly cause, contribute to, enable, facilitate, aid, abet, induce, encourage, and/or participate in the infringement of Screen Gemsâ€™ copyrighted works, including but not limited to the Intellectual Property as identified in Exhibit A.

We believe this information is sufficient for you to locate and cease the infringing activities complained about herein. We are providing this notice based on our good faith belief that the use of motion pictures and television programs owned by Screen Gems in the manner occurring via the Website is not authorized by the copyright owners, their agents, or the law. The information in this notification is accurate. Under penalty of perjury, we are authorized to act on behalf of the owners of the exclusive rights that are being infringed. This letter is without prejudice to the rights and remedies of Screen Gems, all of which are expressly reserved.

I can be contacted at:
Agency Contact: [redacted]
Address: [redacted]
Address: Culver City, CA 90232
Telephone: [redacted]
Email: [redacted]@mediasentry.com

Exhibit A to Notice of Infringement

List of Infringing Item or Material
Name of Intellectual Property Owner: Screen Gems, Inc.
Item/Material: Resident Evil: Retribution (Movie)

Infringing Webpage: ------------------------------

INFRINGEMENT DETAIL
--------------------

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://www.portaledelcinema.it/resident-evil-retribution-2012-italian-md-telesync/

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://glumbouploads.com/16fe19afk3il

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://www.best4you.sk/post1077387.html

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://www.warezfreaks.org/index.php/topic/466226-resident-evil-retribution-2012-ts-xvid-ac3-trinity/

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://filetram.com/resident-evil-retribution-rar-latino

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://www.downtr.co/1430384-resident-evil-retribution-2012-ts-xvid-ac3-trinity.html

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://zonadictoz.org/331912/resident-evil-5-venganza-resident-evil-5-retribution-ts-rip-avi-latino-bs-rs/

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://www.rincondescargas.com/resident-evil-5-venganza-resident-evil-5-retribution-ts-rip-avi-latino-bs-rs/

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://radiolunatici.altervista.org/forums/index.php?topic=576944.0

Infringing Title: Resident Evil: Retribution (Movie)
Date Found: 7 Nov 2012 03:00:00 EST (GMT -0500)
URL: http://bestcable.bligoo.com/29779617768-resident-evil-5-venganza-resident-evil-5-retribution-ts-rip-avi-latino-bs-rs
Original work URL(s):
http://www.portaledelcinema.it/resident-evil-retribution-2012-italian-md-telesync/

Allegedly infringing URLs:
0. http://www.portaledelcinema.it/resident-evil-retribution-2012-italian-md-telesync/
1. http://glumbouploads.com/16fe19afk3il
2. http://www.best4you.sk/post1077387.html
3. http://www.warezfreaks.org/index.php/topic/466226-resident-evil-retribution-2012-ts-xvid-ac3-trinity/
4. http://filetram.com/resident-evil-retribution-rar-latino
5. http://www.downtr.co/1430384-resident-evil-retribution-2012-ts-xvid-ac3-trinity.html
6. http://zonadictoz.org/331912/resident-evil-5-venganza-resident-evil-5-retribution-ts-rip-avi-latino-bs-rs/
7. http://www.rincondescargas.com/resident-evil-5-venganza-resident-evil-5-retribution-ts-rip-avi-latino-bs-rs/
8. http://radiolunatici.altervista.org/forums/index.php?topic=576944.0
9. http://bestcable.bligoo.com/29779617768-resident-evil-5-venganza-resident-evil-5-retribution-ts-rip-avi-latino-bs-rs

Trusted User submission.

Participants in the Trusted Copyright Removal Program have previously agreed to these
SWORN STATEMENTS

I have a good faith belief that use of the copyrighted materials described in all notifications submitted through the Program as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

The information in all notifications submitted through the Program will be accurate, and I swear, under penalty of perjury, that with respect to those notifications, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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.

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