Database Systems complains of infringement -- Chilling Effects Clearinghouse

Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > Database Systems complains of infringement

Database Systems complains of infringement

October 1, 2005

Sender Information:
Database Systems Corp.
Sent by: [Private]
[Private]
Phoenix, AZ, 85014, USA

Recipient Information:
[Private]
Google, Inc.
Mountain View, CA, 94043, USA

Sent via: postal mail
Re:

User Support:

This is our formal complaint against the website owner of www.netpicker.net whose site is currently listed in your search engine index. This site is infringing on our copyrighted website information. Because of the extensive amount of copying we believe this was accomplished using an automated process or robot that scanned our websites and copied our material. We request that you review this site and remove it entirely from the Google search results until this site owner removes ALL of our website pages that have been illegally copied.

(1) Our Copyrighted material is located here:

http://www.easyivr.com
http://www.databasesystemscorp.com

(2) The offending website pages that contain our copyrighted material is located here:

http://www.netpicker.net

The following documents the copyright infringement by the owner of the above site. The website owner has concealed his identity by using a proxy registration.

My initial check indicated over a dozen of our web pages have been illegally copied and appear in Google Search results. Google search returns ~500 pages from this site.

EXAMPLE OF GOOGLE, SEARCH

The following is an example of how this website owner is falsely representing itself. PACERTM is a registered product of Database Systems Corp. When using the Google Search Engine and entering the search term "Pacer", Google returns the following results from this specific website (obtained using the Site Command).
Voice Broadcasting Service and Systems - Call Center
Voice Broadcasting Service and Systems Using our PACER phone system,? The PACER can perform all types of outbound dialing including predictive dialers ... www.netpicker.net/VoiceBroadcastingServiceastem.html - 24k - Cached - Similar pages
Voice Messaging Systems and Voice Blast Service - Call Center
... phone lines and our PACER phone system can handle up to 1000 lines....
can provide you with a complete, turnkey PACER Voice Broadcast phone system.... www.netpicker.net/VoiceMessagingSystemsandVrvic.html - 21k - Cached - Similar pages
Phone Broadcasting Service and Broadcast Systems - Call Center
Application servers can now send XML protocol messages to our PACER phone system to automatically dial a number and play a recorded message.... www.netpicker.net/PhoneBroadcastingServiceastem.html - 22k - Cached - Similar pages
Analog Voice Broadcasting System - Call Center
These applications can be easily ported to our PACER digital T1 phone system when your call volume ... Easy Upgrade to PACER Systems with T1 Phone Lines ... www.netpicker.net/AnalogVoiceBroadcastingSystem.html - 22k - Cached - Similar pages
IVR Outsourcing
PACER predictive dialing system includes predictive dialer software and CTI software for customer relationship management. IVR outsourcing is available plus ... www.netpicker.net/ivroutsoucing.html - 14k - Cached - Similar pages
IVR SolutionsThis section - Call Center
Our PACER and Wizard IVR systems add another dimension to our call center phone system solutions. What Is IVR?. An Interactive Voice Response (IVR) ... www.netpicker.net/IVRSolutionsThissection.html - 28k - Cached - Similar pages
Google returned 6 results - all snippets that Google displays with these results are copied directly from our website pages and reference our copyright material.
The following is an example of one of these search results (from hundreds of pages copied from our site):

Phone Broadcasting Service and Broadcast Systems - Call Center
Application servers can now send XML protocol messages to our PACER phone system to automatically dial a number and play a recorded message.... www.netpicker.net/PhoneBroadcastingServiceastem.html - 22k - Cached - Similar pages
Contains the following text : (indentation added)
""Phone Broadcasting Service and Broadcast Systems
Our phone broadcast systems can deliver phone messages and service announcements to your clients and community. Phone messages can be automatically generated using our XML Push technology.

Our telephone broadcasting system can place one call or millions of calls. Pre-recorded messages can be played to either individuals and answering machines or just to individuals informing them of emergency alerts, community events, upcoming appointments, or simply sales promotions.

Different messages can be played to an answering machine versus an individual. Simple to complex scripts can be developed for touchphone response. Calls can be directed to operators that are standing by or can be transferred to outside third parties.

Contact DSC at (602) 265-5968 for a FREE quote and to learn more about our phone broadcasting and telephone broadcast systems.

Telephone Broadcasting Service

Database Systems Corp. can provide you with a complete, turnkey telephone broadcast system. If you need to get a project or campaign started immediately, we can provide your organization telehone broadcast outsourcing at our own call center. PLUS DSC offers you our bulk dialing service that lets you broadcast your message to millions of households in a very short window of time for just pennies a call. This is ideal for political calls and community or customer notifications.

The following comprehensive features of our phone broadcast service put us head and shoulders above the competition:

Broadcast messages to either individuals or to answering machines and individuals with different messages. Remote database access with XML Pull
Automatic FTC "Opt Out" Compliance
Call transfer to live agents with intelligent call routing Remote call transfer through dial out
Timeout features and call control options
Do Not Call checks for bulk message blast campaigns
Voice blast messages to millions of households
Computer generated phone calls for alerts and automatic
event notifications such as system failures Single Message broadcast using XML Push Customized touchphone responses Database access and update
Text To Speech Data Conversions
Email notification of call results or voicemail Touchphone response control for both parties

Bulk message blast with low flat rates
Comprehensive online reporting and call management Professional voice over talent for on hold message voice overs
This text was taken directly from our web page: http://www.easyivr.com/psphone broadcast.htm
"Phone Broadcasting Service and Broadcast Systems
Our phone broadcast systems can deliver phone messages and service announcements to your clients and community. Phone messages can be automatically generated using our XML Push technology.
Our telephone broadcasting system can place one call or millions of calls. Pre-recorded messages can be played to either individuals and answering machines or just to individuals informing them of emergency alerts, community events, upcoming appointments, or simply sales promotions.

Contact DSC at (602) 265-5968 for a FREE quote and to learn more about our phone broadcasting and telephone broadcast systems.
Telephone Broadcasting Service
Database Systems Corp. can provide you with a complete, turnkey telephone broadcast system. If you need to get a project or campaign started immediately, we can provide your organization telehone broadcast outsourcing at our own call center. PLUS DSC offers you our bulk dialing service that lets you broadcast your message to millions of households in a very short window of time for just pennies a call. This is ideal for political calls and community or customer notifications.
The following comprehensive features of our phone broadcast service put us head and shoulders above the competition:
? Broadcast messages to either individuals or to answering machines
and individuals with different messages.
? Remote database access with XML Pull
? Automatic FTC "Opt Out" Compliance

? Call transfer to live agents with intelligent call routing
? Remote call transfer through dial out
? Timeout features and call control options
? Do Not Call checks for bulk message blast campaigns
? Voice blast messages to millions of households
? Computer generated phone calls for alerts and automatic
event notifications such as system failures
? Single Message broadcast using XML Push
? Customized touchphone responses
? Database access and update
? Text To Speech Data Conversions
? Email notification of call results or voicemail
? Touchphone response control for both parties
? Bulk message blast with low flat rates
? Comprehensive online reporting and call management
? Professional voice over talent for on hold message voice overs"

These examples demonstrate the deliberate copying of our website information and was not authorized by our company.

TRADEMARK LISTINGS
Our corporate trademarks are clearly posted on our website here with effective dates and reference numbers:
htt?://www.databasesystemscorp.com/trademarks.htm
(3) OUR COMPANY INFORMATION

Database Systems Corp., Arizona Corporation [private]
Phoenix, AZ 85014
[private]

Founded: 1978
Owners: Paul R. Gillman, Jerry A Pizet

http://www.databasesystemscorp.com (Corporate) http://www.easyivr.com (Service Division) http://www.911broadcast.com (Emergency Broadcast Svc)
(4) Offending Website Owner http://www.netpicker.net
Domain name: netpicker.net

Registrant Contact:
WhoisGuard
WhoisGuard Protected (No email specified)
+1.[private]
Fax: +1.[private] [private] 8[private] Westchester, CA 90045 US
REPRESENTATIONS

I represent that I am an owner of this company and websites and am fully authorized to pursue this matter.

(5) 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, its agent, or the law

(6) I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

My contact information is the following:

[private]
President, Database Systems Corp.

[private]@yahoo.com [private]@databasesystemscorp.com

DESIRED ACTION FROM GOGGLE

Since this company is listed in the Google Search Results and is extensively using our copyrighted material, we respectfully request that you remove this entire site from your search engine until the owner removes ALL of our website material.

Thank you for your prompt attention to this matter.
[private]
President
Database Systems Corp.

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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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