Chilling Effects
Home Weather Reports Report Receiving a Cease and Desist Notice Search the Database Topics
Sending
Topic HomeFAQsMonitoring the legal climate for Internet activity
Chilling Effects
 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Google (NoticeID 1646887, http://chillingeffects.org/N/1646887) Location: https://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=1646887

DMCA (Copyright) Complaint to Google

April 09, 2014

 

Sender Information:
Thieme
Sent by: [Private]
Digimarc
US

Recipient Information:
[Private]
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: Digimarc
Copyright holder: Thieme
Country/Region: US

YOUR COPYRIGHTED WORK

Copyright claim #0:
  Thieme
Tympanoplasty, Mastoidectomy, and Stapes Surgery
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookos-z1.org/book/1008766/cee65f

Copyright claim #1:
  Duus’ Topical Diagnosis in Neurology : Anatomy, Physiology, Signs, Symptoms
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/768891/d71178
  1.   http://book4you.org/book/779462/e31454
  2.   http://book4you.org/dl/768891/14f3da
  3.   http://book4you.org/dl/2050069/1753f6?alt=2
  4.   http://ryushare.com/e5ncjws9vgxn/Duus__Topical_Diagnosis_in_Neurology_4th.pdf
  5.   http://book4you.org/dl/1195526/c21b5f?alt=1
  6.   http://book4you.org/dl/543906/b99e1c?alt=2
  7.   http://book4you.org/dl/1189476/ae16b2?alt=1
  8.   http://book4you.org/dl/543906/b99e1c?alt=1
  9.   http://book4you.org/dl/1189476/ae16b2?alt=2
  10.   http://book4you.org/dl/964002/6009b3?alt=1

Copyright claim #2:
  A Pocket Guide to the Ear
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookos-z1.org/book/1128919/7086f3

Copyright claim #3:
  Acupuncture for Dogs and Cats
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookre.org/reader?file=1509324

Copyright claim #4:
  The Temporal Bone
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ryushare.com/2lsdnd6xb4ul/The.Temporal.Bone.A.Manual.for.Dissection.and.Surgical.Approaches.pdf

Copyright claim #5:
  Pocket Atlas of Endodontics
Original work URL(s):

Allegedly infringing URLs:
  0.   http://btdigg.org/search?info_hash=fb2f86a395652481ca24a885606b7fd80f58d69b&q=Pocket%20Atlas%20of%20Endodontics
  1.   http://btdigg.org/search?info_hash=2ee219fd2f96a50f32ff6cd80b51b9c5ced060e7&q=Pocket%20Atlas%20of%20Endodontics
  2.   http://btdigg.org/search?info_hash=5af87e7338b34c4d9a63da2fb969dcd358956aee&q=Pocket%20Atlas%20of%20Endodontics

Copyright claim #6:
  Differential Diagnosis in Otolaryngology : Head and Neck surgery
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/dl/1250623/9a01fb?alt=2
  1.   http://book4you.org/book/1250623/02bc82

Copyright claim #7:
  Complementary Oncology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookos-z1.org/book/838341/87593m
  1.   http://bookos-z1.org/book/768731/859034
  2.   http://book4you.org/book/838341/9439m5

Copyright claim #8:
  Pocket Atlas of Nutrition
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ryushare.com/2rgrv6hkxlyd/pocket_atlas_of_nutrition.pdf

Copyright claim #9:
  Neurologic Disorders of the Larynx
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ryushare.com/1vqkca6f4t18/Neurologic_Disorders_of_the_Larynx.pdf

Copyright claim #10:
  Differential Diagnosis in Conventional Radiology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/968010/01e6ba
  1.   http://book4you.org/book/889521/fd4e14

Copyright claim #11:
  Triggerpoints and Muscle Chains in Osteopathy
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/1050299/0cf872

Copyright claim #12:
  Chinese Nutrition Therapy
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ishare.iask.sina.com.cn/download/explain.php?fileid=37100105
  1.   http://bookos-z1.org/book/904171/f2f342
  2.   http://bookos-z1.org/book/1298443/50be43
  3.   http://ishare.iask.sina.com.cn/f/37100105.html
  4.   http://ishare.iask.sina.com.cn/download/explain.php?fileid=36928038

Copyright claim #13:
  Imagine Homeopathy
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookos-z1.org/book/564216/1yu4kd
  1.   http://book4you.org/book/564216/864061
  2.   http://book4you.org/book/686926/96sk7r

Copyright claim #14:
  Endodontology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/dl/870382/b2b346?alt=1

Copyright claim #15:
  Atlas of Neurosurgical Techniques : Spine and Peripheral Nerves
Original work URL(s):

Allegedly infringing URLs:
  0.   http://uploaded.net/file/58qkkatm/2014232248_119949.rar
  1.   http://ryushare.com/304b4eab8a2a/gJiHQn_-_0865779201.djvu

Copyright claim #16:
  Thieme Clinical Companions Dermatology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/509718/aab3d9

Copyright claim #17:
  Clinical Pathways in Neuro-Ophthalmology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/1082344/c897b5

Copyright claim #18:
  Otolaryngology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ryushare.com/56c27w1snmrr/Otolaryngology.Basic.Science.and.Clinical.Review.pdf

Copyright claim #19:
  A Guide to the Primary Care of Neurological Disorders
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookos-z1.org/book/1238549/cc35b1

Copyright claim #20:
  The Legacy of Harvey Cushing
Original work URL(s):

Allegedly infringing URLs:
  0.   http://bookos-z1.org/book/698193/5fac63

Copyright claim #21:
  Differential Diagnosis in Magnetic Resonance Imaging
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/dl/1160958/61ea90?alt=2
  1.   http://book4you.org/book/1160958/55eb84

Copyright claim #22:
  Therapeutic Endoscopy
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/2054485/9de4ae
  1.   http://book4you.org/book/2054486/25c27b

Copyright claim #23:
  Differential Diagnosis in Neurology and Neurosurgery
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/dl/543884/4c232e
  1.   http://book4you.org/dl/543885/623dfe?alt=1
  2.   http://book4you.org/dl/543885/623dfe?alt=2
  3.   http://book4you.org/book/543883/155c05
  4.   http://book4you.org/dl/543884/4c232e?alt=1
  5.   http://book4you.org/dl/543883/f6315b?alt=1
  6.   http://book4you.org/book/543884/b0f0f8
  7.   http://book4you.org/dl/543883/f6315b?alt=2
  8.   http://book4you.org/book/549321/5855ef
  9.   http://book4you.org/book/1081407/a16e6f
  10.   http://uloz.to/xqGtkfL/neurologie-differential-diagnosis-in-neurology-and-neurosurgery-pdf

Copyright claim #24:
  Fundamentals of Neurology
Original work URL(s):

Allegedly infringing URLs:
  0.   http://btdigg.org/search?info_hash=b373512fad1bdab9f433b0615ca00eb6f02791a4&q=Fundamentals%20of%20Neurology

Copyright claim #25:
  Urogenital Imaging
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/1214225/3b0d77

Copyright claim #26:
  Key Techniques in Orthopaedic Surgery
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ryushare.com/alu75xildyne/Key.Techniques.in.Orthopaedic.Surgery.pdf

Copyright claim #27:
  Controversies in Otolaryngology
Original work URL(s):

Allegedly infringing URLs:
  0.   https://yumpu.com/en/document/view/19896049/controversies-in-otolaryngologypdf

Copyright claim #28:
  Normal Findings in CT and MRI
Original work URL(s):

Allegedly infringing URLs:
  0.   http://ishare.iask.sina.com.cn/download/explain.php?fileid=61624169&page=00

Copyright claim #29:
  CT Teaching Manual : A Systematic Approach to CT Reading
Original work URL(s):

Allegedly infringing URLs:
  0.   http://uloz.to/xC8dP8tg/ct-teaching-manual-pdf

Copyright claim #30:
  Differential Diagnosis in Ultrasound Imaging
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/850324/5f776c

Copyright claim #31:
  Clinical Tests for the Musculoskeletal System
Original work URL(s):

Allegedly infringing URLs:
  0.   http://btdigg.org/search?info_hash=5612f3524e33a9789d4aac62323687c7436bf415&q=Pocket%20Atlas%20of%20Ophthalmology
  1.   http://book4you.org/book/2049506/71a57d
  2.   http://book4you.org/book/916542/64f9bc

Copyright claim #32:
  TMJ Disorders and Orofacial Pain
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/544991/b1dd96

Copyright claim #33:
  Differential Diagnosis in Internal Medicine
Original work URL(s):

Allegedly infringing URLs:
  0.   http://book4you.org/book/2050012/006b3d
  1.   http://ryushare.com/dh63bub63up4/Differential_Diagnosis_in_Internal_Medicine-_From_Symptom_to_Diagnosis,_2007,_1588905519.pdf


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.

Topic maintained by Chilling Effects

Chilling Effects Clearinghouse - www.chillingeffects.org
Chilling Effects Clearinghouse page printed from: https://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=1646887
disclaimer / privacy / about us & contacts