JoanofQuark burning over high-stakes copied page content -- Chilling Effects Clearinghouse

http://www.webbangladesh.net/design.php
http://www.eimpressions.com.au/graphic_design.php http://www.iegraphics.com/services/print-branding.html http://www.miamidigitalstudios.com/objectives.aspx
http://www.webdesigners4u.com/graphics-design/
http://www.futerox.com/web_design_portfolio.asp

[private]@webbangladesh.com
[private]@eimpressions.com.au
[private]@iegraphics.com
[private]@verticalmarketing.biz (www.miamidigitalstudies.com)
[private]@webdesigners4u.
[private]@futerox.com

I have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, my self, its agent, or the law.

I swear under penalty of perjury, consistent with U.S. Code Title 17, 512, that the above information in this Notice is accurate and that I am the copyright or intellectual property owner of the copy on my website.

Please kindly look into this at once and I ask that you delete their offending pages and/or their website from your database.

3 pages
Stolen copy
All copy taken either comes from our home page, web design page or graphic design pages:
http://www.joanofquark.com/index.html, http://www.joanofquark.com/web.html, http://www.joanofquark.com/graphic.html

http://www.webbangladesh.net/design.php
"Web Design Princing" (their spelling which explains why they need to steal copy)
"Webbangladesh.net web site design and web development presents you a set of web site design offers tailored to your specific needs. Your particular specifications in web site design will be reviewed in detail by our analysts and the features you need will be smoothly integrated to the available scheme.
Don't miss the most exciting new media of the millennia. Allow your company to reap the benefits of the Internet. Have your product or service available 24/7 to millions. Have you heard about all those programs that claim you can learn foreign languages or other knowledge while you sleep? Well, the Internet is truly a vehicle that can allow you to earn while you sleep! Whether you want an intelligent design within reach at cost effective web design pricing, or a large corporate web site design featuring marketing strategies, product branding or web site optimization for the search engines, we'll gladly discuss how our web design firm can work with you to create the results you want!"

http://www.eimpressions.com.au/graphic_design.php
"Benefit from our compelling graphic design at the most economical pricing possible. We provide the best graphic skills to fit your budget, and we guarantee your newly designed project will also meet your print budget requirements and presentation needs."
We understand that the bottom line is not just to make your product or service look great, but that it must sell your product or service. Moreover, we respect the importance of a solid corporate branding strategy and can incorporate your corporate logos and other key branding elements in the printed materials we produce for you.

http://www.iegraphics.com/services/print-branding.html
"Our approach to corporate branding transforms the way companies conduct business. We use objective measures and proprietary methodologies to create superior brand designs. We analyze critical data that allows us to relate branding efforts to impact the bottom line.
We work to ensure your completed graphic design work is exactly what is required

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FAQ: Questions and Answers

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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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Question: What constitutes copyright infringement?

Answer: Subject to certain defenses, it is copyright infringement for someone other than the author to do the following without the author's permission:

1. reproduce (copy) the work;

2. create a new work derived from the original work (for example, by translating the work into a new language, by copying and distorting the image, or by transferring the work into a new medium of expression);

3. sell or give away the work, or a copy of the work, for the first time (but once the author has done so, the right to sell or give away the item is transferred to the new owner. This is known as the "first sale" doctrine: once a copyright owner has sold or given away the work or a copy of it, the recipient or purchaser may do as she pleases with what she posesses.) 17 U.S.C. ?109(a);

4. perform or display the work in public without permission from the copyright owner. 17 U.S.C. ?106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed here.

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Question: What are the notice and takedown procedures for web sites?

Answer: In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:

The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.

JoanofQuark burning over high-stakes copied page content

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