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 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 780983, http://chillingeffects.org/N/780983) Printer-friendly version

DMCA (Copyright) Complaint to Twitter

January 14, 2013

 

Sender Information:
MAGNOLIA PICTURES
Sent by: [Private]
Web Sheriff
London, London, W6 9DX, UK

Recipient Information:
[Private]
Twitter
San Francisco, CA, 94107, USA


Sent via: online form
Re: Infringement Notification via Twitter Complaint

DMCA Takedown Notice:

Reporter: I am an authorized representative of the copyright owner.
Copyright Owner: MAGNOLIA PICTURES
Name: [redacted]
Company: Web Sheriff
Job title: Creative Protection

City: London
State/Province: London
Country: UK
-------

Reported Twitter account: @wajid9999

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/wajid9999/status/290516115556290560

Reported Tweet Content: Shadow.Dancer.2012.VODRiP.XViD  Watch Online

videozed.net/4a9fozcxspx7: Shadow.Dancer.2012.VODRiP.XViD  ... bit.ly/V5xhrx

Reported Tweet Time: Jan 13 2013 17:50:14 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @sherlypd

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/sherlypd/status/289924184740610048

Reported Tweet Content: Shadow Dancer (2012) VODRip 400MB Ganool: Info: imdb.com/title/tt177073… Release Date: 24 August 201... bit.ly/VvTAYt

Reported Tweet Time: Jan 12 2013 02:38:06 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @SymbianMob

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/SymbianMob/status/290471776826322946

Reported Tweet Content: Source: mediafiremoviedl.com/2013/01/shadow… goo.gl/fb/5HsmY

Reported Tweet Time: Jan 13 2013 14:54:02 via Google

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @yourhomecenima

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/yourhomecenima/status/289976156755746816

Reported Tweet Content: watch "Shadow Dancer 2012" VODrip quality here ^_^
adf.ly/HDX5A

Reported Tweet Time: Jan 12 2013 06:04:37 via TweetDeck

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @WorldNews_ID

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/WorldNews_ID/status/289924224636833794

Reported Tweet Content: #Download Shadow Dancer (2012) VODRip 400MB Ganool bit.ly/VS27lS Ganool.com

Reported Tweet Time: Jan 12 2013 02:38:16 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @uylemak

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/uylemak/status/290192283112984576

Reported Tweet Content: Gölgede Dans - Shadow Dancer 2012 VODRip XviD Film indir - filmindirelimmi.com/shadow-dancer-… http://t.co/DkY7BApl

Reported Tweet Time: Jan 12 2013 20:23:26 via filmindirelimmi

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @MoviezzHouse

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/MoviezzHouse/status/289912584897953792

Reported Tweet Content: #MoviezHouse [Torrent] Shadow Dancer 2012 VODRiP XViD 1MPERiUM moviez-house.blogspot.com/2013/01/torren… http://t.co/AxgrEpf7

Reported Tweet Time: Jan 12 2013 01:52:01 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @ozzzmond

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/ozzzmond/status/290470645513478144

Reported Tweet Content: Shadow Dancer (2012) Filtered VODrip – 400MB – scOrp: !!!!!!!!!! Ratings: 6.8 / 10 – 4 wins & 2 nominations !!!!... bit.ly/WRB0pt

Reported Tweet Time: Jan 13 2013 14:49:33 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @tab_02

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/tab_02/status/290087000319614976

Reported Tweet Content: Shadow Dancer 2012 VODRiP XViD 1MPERiUM bit.ly/X19PZK

Reported Tweet Time: Jan 12 2013 13:25:05 via TAB_Top

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @MyspCars

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/MyspCars/status/289892758632681472

Reported Tweet Content: Shadow Dancer (2012) VODRiP XViD - 1MPERiUM - gorboj.com/shadow-dancer-…

Reported Tweet Time: Jan 12 2013 00:33:14 via Gorboj

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @MovizLand

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/MovizLand/status/290122408327782400

Reported Tweet Content: movizland.com/vb/t2166 فيلم الإثارة الرائع Shadow Dancer 2012 مترجم بجودة VODRiP على أكثر من سيرفر

Reported Tweet Time: Jan 12 2013 15:45:47 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @Megadownloadz

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Megadownloadz/status/290002327203627009

Reported Tweet Content: Shadow Dancer 2012 VODRiP XViD: Plot: Set in 1990s Belfast, an active member of the IRA… goo.gl/fb/2d53r

Reported Tweet Time: Jan 12 2013 07:48:37 via Google

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @NewMovieTeaser

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/NewMovieTeaser/status/289849396449914882

Reported Tweet Content: #Shadow #Dancer #2012 #VODRiP XViD-1MPERiUM goo.gl/fb/5KKTp #downloads #xvid1mperium

Reported Tweet Time: Jan 11 2013 21:40:55 via Google

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @garetha20

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/garetha20/status/290032041964236800

Reported Tweet Content: Shadow Dancer (2012) DVDRip 400MB: Story Line: During an aborted bomb attempt in London, Collette falls into the... bit.ly/VSTMOI

Reported Tweet Time: Jan 12 2013 09:46:41 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @GanoolOfficial

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/GanoolOfficial/status/289915253754560512

Reported Tweet Content: #GanoolMovie Shadow Dancer (2012) VODRip 400MB Ganool q.gs/3GStM

Reported Tweet Time: Jan 12 2013 02:02:37 via dlvr.it

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @detounchin1

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/detounchin1/status/290046287317970944

Reported Tweet Content: Shadow Dancer (2012) DVDRip 400MB: bit.ly/X0IgzY

Reported Tweet Time: Jan 12 2013 10:43:18 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @DroidUniverse

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/DroidUniverse/status/290368655584272384

Reported Tweet Content: Shadow Dancer 2012 VODRip English [Accipiter] bit.ly/V4gWTH

Reported Tweet Time: Jan 13 2013 08:04:16 via WPTweetily

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @300mbunitedrips

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/300mbunitedrips/status/290488002017378305

Reported Tweet Content: Shadow Dancer (2012) VODrip – 400MB – scOrp bit.ly/ROwBHg

Reported Tweet Time: Jan 13 2013 15:58:31 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @300mbunitedrips

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Shadow Dancer'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/300mbunitedrips/status/289963055918501889

Reported Tweet Content: Shadow Dancer (2012) DVDRip 475MB goo.gl/fb/s5Hhu

Reported Tweet Time: Jan 12 2013 05:12:34 via Google

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

-------

512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.

Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.

Signature: [redacted]

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a user-generated content site get DMCA takedown notices for links users have posted?

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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