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| Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > ArticleInsider Claims 14 Infringements (NoticeID 2013, http://chillingeffects.org/N/2013) | Location: https://www.chillingeffects.org/notice.cgi?NoticeID=2013 |
May 27, 2005
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Sender Information: |
Recipient Information:
Attn: DMCA complaints
Google, Inc.
Mountain View, CA, 94043, USA
Sent via:
Re: Content Infringement Notice
Content Infringement Notice 5/27/2005 1. The copyrighted work at issue is the article "Experience the Excitement of NCAA Basketball Betting" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85200_ncaa_basketball_betting.html 7. Signature 1. The copyrighted work at issue is the article The Best flavored Coffee Syrups" by Cybele Phillips posted on the Article Insider web site at http://coffee.articleinsider.com/187833_flavored_coffee_syrups.html 1. The copyrighted work at issue is the article "Fantasy Comes Home" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/6100_football_parlay.html 1. The copyrighted work at issue is the article "Find the Best Football Picks Online" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/198314_best_football_picks.html
Attn: DMCA complaints
On behalf of
Articlelnsider.com
Contact Info:
Infosearch Media, Inc. [private]
Marina Del Rey, CA 90292
Phone: [private] Fax: [private]
Attn: [private] at [private]@infosearchmedia.com
Incident#1
1. The copyrighted work at issue is the article "Every Kind of Web Design Software" by Patricia Skinner posted on the Article Insider web site at http://webdevelopment.articleinsider.com/15679_web_design_software.html
2. Search Query: "There is also web design software to fit every level of knowledge of web design."
Infringing Web Pages: http://www.smartchoicesoftware
1.com/archive/2005_01_09_archive.html
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@smartchoicesoftware-1.com
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.
7. Signature
8. Fax to: [private]
Incident#2
2. Search Query: "NCAA basketball betting will be one of things you do that will make something you love so much already, just that much better." Infringing Web Pages: http://www.ncaa-basketball-betting.info/
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@ncaa-basketball-betting.info
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.
7. Signature
8. Fax to: [private]
Incident#3
1. The copyrighted work at issue is the article "Find the Right Basketball Betting Sites for You" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85201_basketball_betting_sites.html
2. Search Query: "Basketball betting sites can be found in several places over the Internet." Infringing Web Pages: http://www.nba-basketball-picks.info/
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@nba-basketball-picks.info
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.
8. Fax to: (650) 618 2619
Incident#4
1. The copyrighted work at issue is the article "Get NCAA Basketball Betting Lines In Your Home" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85202_ncaa_basketball_betting_lines.html
2. Search Query: "NCAA basketball betting lines used to be only available in casino."
Infringing Web Pages: http://www.ncaa-basketball-betting.info/
3. My email: [private]@infosearchmedia.com
Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@ncaa-basketball-betting.info
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.
7. Signature
8. Fax to: (650) 618 2619
Incident#5
1. The copyrighted work at issue is the article "Win Some Cash off of the NCAA Basketball Tournament" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85205_ncaa_basketball_tournament.html,
2. Search Query: "This tournament is full of thrilling upsets and close scoring games." Infringing Web Pages: http://www.offshore-march-madness-betting,com/
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@ncaa-basketball-betting.info
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.
7. Signature
8. Fax to: [private]
Incident#6
1. The copyrighted work at issue is the article "Place the Perfect Bet During The NCAA March Tournament" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85207_ncaa_march_tournament.html
2. Search Query: "Known as March Madness, this tournament seeds four regions of 16 teams 1-16." Infringing Web Pages: http://www.ncaabasketballgambling.com/
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@ncaabasketballgambling.com
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.
7. Signature
8. Fax to: [private]
Incident#7
1. The copyrighted work at issue is the article "Sports Betting Gives Your Game a New Twist" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85190_sports_betting_odds_tips_and_info.html
2. Search Query: "Sports betting allows you to be interested in every single game that is being played." Infringing Web Pages: http://www.ncaabasketballgambling.com/
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@ncaabasketballgambling.com
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.
7. Signature
8. Fax to: [private]
Incident#8
1. The copyrighted work at issue is the article "See the Fun in Sports Betting Basketball" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85197_sports_betting_basketball.html
2. Search Query: "Sports betting basketball style can be one of the most exciting activities that you can participate in."
Infringing Web Pages: http://www.basketball-betting-daily.com/free-basketball-picks.html
1 My email: [private]@infosearchmedia.com
Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: 800-3884680
4. Email of infringing website: [private]@ncaabasketballgambling.com
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.
7. Signature
8. Fax to: [private]
Incident#9
1. The copyrighted work at issue is the article "Knowing How To Bet On Basketball is Really Easy" by Staff Writer posted on the Article Insider web site at http://sportsbetting.articleinsider.com/85198_how_to_bet_on_basketball.html
2. Search Query: "How to bet on basketball is a whole lot easier than most people may think." Infringing Web Pages: http://www.basketball-betting-lines.net/
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@basketball-betting-lines.net
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.
7. Signature
8. Fax to: [private]
Incident#10
1. The copyrighted work at issue is the article "The Origins of Gourmet Coffee" by Cybele Phillips posted on the Article Insider web site at http://coffee.articleinsider.com/187809_gourmet_coffee_jamaican_kona_columbian_and_more.html
2. Search Query: "The coffee plant is native to the mountainous legions of Ethiopia." Infringing Web Pages: http://www.espressochico.co.uk/resources.htm
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@espressochico.co.uk
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.
7. Signature
8. Fax to: [private]
Incident#11
1. The copyrighted work at issue is the article "Essentials of Good Cappuccino Makers" by Cybele Phillips posted on the Article Insider web site at http://coffee.articleinsider.com/187828_cappuccino_makers.html
2. Search Query: "Cappuccino is made by foaming milk until it is stiff, and then spooning it into the serving cup."
Infringing Web Pages: http://www.the-coffee-guide.com/article-136-Cappuccino-Makers.html
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: N/A
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.
7. Signature
8. Fax to: [private]
Incident#12
2. Search Query: "The best flavored coffee syrups are made from all natural ingredients."
Infringing Web Pages:
http://articles.worldvillage.com/flavored_coffee_syrup_adds_a_new_dimension_to_beans.html
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@worldvillage.com
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.
7. Signature
8. Fax to: [private]
Incident#13
2. Search Query: "Parlays are some of the most fun types of betting out there." Infringing Web Pages: http://apexsportsbook.com/nfc.php?ID=517&TIT=Online
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: [private]@apexsportsbook.com
5. 1 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.
7. Signature
8. Fax to: [private]
Incident#14
2. Search Query: "Gone are the days when most of us would try to fix our own cars and plumbing and computers."
Infringing Web Pages: http://www.free-sports-handicapper-picks-com/free-weekly-nfl-picks.html
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing website: N/A
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.
7. Signature
8. Fax to: [private]
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Question: What defines a service provider under Section 512 of the Digital Millennium Copyright Act (DMCA)?
Answer: A service provider is defined as "an entity offering transmission, routing, or providing connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received" or "a provider of online services or network access, or the operator of facilities thereof." [512(k)(1)(A-B)] This broad definition includes network services companies such as Internet service providers (ISPs), search engines, bulletin board system operators, and even auction web sites. In A&M Records, Inc. v. Napster Inc., the court refused to extend the safe harbor provisions to the Napster software program and service, leaving open the question of whether peer-to-peer networks also qualify for safe harbor protection under Section 512. There are four major categories of network systems offered by service providers that qualify for protection under the safe harbor provisions:
Question: What is the Digital Millennium Copyright Act? Answer: The DMCA, as it is known, has a number of different parts. One part is the anticircumvention provisions, which make it illegal to "circumvent" a technological measure protecting access to or copying of a copyrighted work (see Anticircumvention (DMCA)). Another part gives web hosts and Internet service providers a "safe harbor" from copyright infringement claims if they implement certain notice and takedown procedures (see DMCA Safe Harbor). Question: What kinds of things are copyrightable? Answer: In order for material to be copyrightable, it must be original and must be in a fixed medium. Only material that originated with the author can support a copyright. Items from the public domain which appear in a work, as well as work borrowed from others, cannot be the subject of an infringement claim. Also, certain stock material might not be copyrightable, such as footage that indicates a location like the standard shots of San Francisco in Star Trek IV: The Voyage Home. Also exempted are stock characters like the noisy punk rocker who gets the Vulcan death grip in Star Trek IV. The requirement that works be in a fixed medium leaves out certain forms of expression, most notably choreography and oral performances such as speeches. For instance, if I perform a Klingon death wail in a local park, my performance is not copyrightable. However, if I film the performance, then the film is copyrightable. Single words and short phrases are generally not protected by copyright, even when the name has been "coined" or newly-created by the mark owner. Logos that include original design elements can be protected under copyright or under trademark. Otherwise, words, phrases and titles may be protected only by trademark, however. Question: Does a copyright owner have to specify the exact materials it alleges are infringing?
Answer: Proper notice under the safe harbor provisions requires the copyright owners to specifically identify the alleged infringing materials, or if the service provider is an "information location tool" such as a search engine, to specifically identify the links to the alleged infringing materials. [512(c)(3)(iii)], [512(d)(3)]. The provisions also require the copyright owners to identify the copyrighted work, or a representative list of the copyrighted works, that is claimed to be infringed. [512(c)(3)(A)(ii)]. Rather than simply sending a letter to the service provider that claims that infringing material exists on their system, these qualifications ensure that service providers are given a reasonable amount of information to locate the infringing materials and to effectively police their networks. [512(c)(3)(A)(iii)], [512(d)(3)]. However, in the recent case of ALS Scan, Inc. v. Remarq Communities, Inc., the court found that the copyright owner did not have to point out all of the infringing material, but only substantially all of the material. The relaxation of this specificity requirement shifts the burden of identifying the material to the service provider, raising the question of the extent to which a service provider must search through its system. OSP customers should note that this situation might encourage OSP's to err on the side of removing allegedly infringing material. Question: What defenses are there to trademark infringement or dilution? Answer: Defendants in a trademark infringement or dilution claim can assert basically two types of affirmative defense: fair use or parody. Fair use occurs when a descriptive mark is used in good faith for its primary, rather than secondary (trademark), meaning, and no consumer confusion is likely to result. So, for example, a cereal manufacturer may be able to describe its cereal as consisting of "all bran," without infringing upon Kelloggs' rights in the mark "All Bran." Such a use is purely descriptive, and does not invoke the secondary meaning of the mark. Similarly, in one case, a court held that the defendant's use of "fish fry" to describe a batter coating for fish was fair use and did not infringe upon the plaintiff's mark "Fish-Fri." Zatarain's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983). Such uses are privileged because they use the terms only in their purely descriptive sense. Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product. For example, in a recent case, the newspaper USA Today ran a telephone poll, asking its readers to vote for their favorite member of the music group New Kids on the Block. The New Kids on the Block sued USA Today for trademark infringement. The court held that the use of the trademark "New Kids on the Block" was a privileged nominative use because: (1) the group was not readily identifiable without using the mark; (2) USA Today used only so much of the mark as reasonably necessary to identify it; and (3) there was no suggestion of endorsement or sponsorship by the group. The basic idea is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. When the above conditions are met, such a use will be privileged. New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992). Finally, certain parodies of or using trademarks may be permissible if they are not too directly tied to commercial use. The basic idea here is that artistic and editorial parodies of trademarks serve a valuable critical function, and that this critical function is entitled to some degree of First Amendment protection. The courts have adopted different ways of incorporating such First Amendment interests into the analysis. For example, some courts have applied the general "likelihood of confusion" analysis, using the First Amendment as a factor in the analysis. Other courts have expressly balanced First Amendment considerations against the degree of likely confusion. Still other courts have held that the First Amendment effectively trumps trademark law, under certain circumstances. In general, however, the courts appear to be more sympathetic to the extent that parodies are less commercial, and less sympathetic to the extent that parodies involve commercial use of the mark. So, for example, a risqu? parody of an L.L. Bean magazine advertisement (L.L. Beam's "Back to School Sex Catalog") was found not to constitute infringement. L.L. Bean, Inc. v. Drake Publishers, Inc., 811 F.2d 26, 28 (1st Cir. 1987). Similarly, the use of a pig-like character named "Spa'am" in a Muppet movie was found not to violate Hormel's rights in the trademark "Spam." Hormel Foods Corp. v. Jim Henson Prods., 73 F.3d 497 (2d Cir. 1996). On the other hand, "Gucchie Goo" diaper bags were found not to be protected under the parody defense, Gucci Shops, Inc. v. R.H. Macy & Co., 446 F. Supp. 838 (S.D.N.Y. 1977). Similarly, posters bearing the logo "Enjoy Cocaine" were found to violate the rights of Coca-Cola in the slogan "Enjoy Coca-Cola", Coca-Cola Co. v. Gemini Rising, Inc., 346 F. Supp. 1183 (E.D.N.Y. 1972). In short -- although the courts recognize a parody defense, the precise contours of that defense are difficult to outline with any precision.
Question: What does "under penalty of perjury" mean? Answer: Law.com offers a good definition of perjury: "Perjury is the the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) known to contain false information. Although it is a crime, prosecutions for perjury are rare, because a defendant will argue he/she merely made a mistake or misunderstood." Question: Who may hold a copyright? Answer: A copyright ordinarily vests in the creator or creators of a work (known as the author(s)), and is inherited as ordinary property. Copyrights are freely transferrable as property, at the discretion of the owner. 17 U.S.C. Question: What rights are protected by copyright law? Answer: The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are: (1) the right of reproduction (i.e., copying), The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright. Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases. Infringement protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement. The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution. Question: What is copyright infringement? Are there any defenses? Answer: Infringement occurs whenever someone who is not the copyright holder (or a licensee of the copyright holder) exercises one of the exclusive rights listed above. The most common defense to an infringement claim is "fair use," a doctrine that allows people to use copyrighted material without permission in certain situations, such as quotations in a book review. To evaluate fair use of copyrighted material, the courts consider four factors:
The most significant factor in this analysis is the fourth, effect on the market. If a copier's use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as "fair use." Trademarks are generally subject to fair use in two situations: First, advertisers and other speakers are allowed to use a competitor's trademark when referring to that competitor's product ("nominative use"). Second, the law protects "fair comment," for instance, in parody. |
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