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 Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > ArticleInsider Complains of 20 Further Infringements in Google Search (NoticeID 2224, http://chillingeffects.org/N/2224) Printer-friendly version

ArticleInsider Complains of 20 Further Infringements in Google Search

July 29, 2005

 

Sender Information:
ArticleInsider.com
Sent by: [Private]
Infosearch Media, Inc.
Marina Del Rey, CA, 90292, US

Recipient Information:
Attn: DMCA Complaints
Google, Inc.
Mountain View, CA, 94043, USA


Sent via: fax
Re: Content Infringement Notice

Content Infringement Notice
Attn: DMCA complaints
On behalf of
Articlelnsider.com

Contact Info:
Infosearch Media, Inc. [private]
Marina Del Rey, CA 90292
Phone: [private] Fax: [private]
Ann: [private] at [private]@infosearchmedia.com

Incident#1
1. The copyrighted work at issue is the article "The Purpose of Tax Software" by Alex Sturm posted on the Article Insider web site at http:l/taxes_articleinsider.coni/l65354 tax software.html
2. Search Query: "Tax software can serve many different purposes and is much more manageable than people think."
Infringing Web Pages: www.smartchoicesoftware-1.com/2005/01/tax-software.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
3. Email of infringing website: N/A
4. 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.
5. 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.
6. Signature
7. Fax to: [private]

Incident#2
1. The copyrighted work at issue is the article "Team Leaders Should Get to Know Their Team" by Rani Connor posted on the Article Insider web site at httv://teambuilding_articleinsider.com/113434 team leaders.html
2. Search Query: "Team leaders almost need a degree in psychology! Getting a team to work together effectively can feel as difficult as raising children or organizing a rowdy classroom."
Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/team_leaders.php

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#3

1. The copyrighted work at issue is the article "Steps Toward Positive Office Teamwork" by Rani Connor posted on the Article Insider web site at http://teambuilding.articleinsider.com/113447 office teamwork.html
Search Query: "When a new team is put into place and given a new assignment meetings are frequent."
Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/office_teamwork.php

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 sweat, 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#4

1. The copyrighted work at issue is the article "Addressing Difficulties Among Team Members" by Rani Connor posted on the Article Insider web site at http://teambuilding.articleinsider.com/113448 team members.html,
2. Search Query: "Even though you have found your team and everyone know what it is they are to do, it's now time to realize you've put together a group of humans, and well, humans aren't always agreeable."
Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/team_members.php

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]

Jncident#5
1. The copyrighted work at issue is the article "Community Building Activities and Respect" by Mo Maxen posted on the Article Insider web site at http://teambuilding.articleinsider_com/111925 community building activjties.ht ml
2. Search Query: "Different people have different ways of thinking, which can naturally raise conflicts."
Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/community_building_activities.php

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#6

1. The copyrighted work at issue is the article "Teamwork Quotes will Get the Job Done" by Mo Maxen posted on the Article Insider web site at http://teambuilding.articleinsider.com/111961 teamwork quotes.html
Search Query: "There are a number of ways to incorporate quotes into the workplace." Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/teamwork_quotes.php

2. My email: [private]@infosearchmedia_com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
3. 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 sweat, 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 tight that is allegedly infringed.
7. Signature
8. Fax to: [private]

Incident#7

1_ The copyrighted work at issue is the article "ISO 9001 2000 Provides Strong Documentation Guidance for Modem Business Success" by Staff Writer posted on the Article Insider web site at
http_//businessservices.articleinsider.com/90047/iso 9001 2000html
2. Search Query: "Quality manuals and supporting documentation that are effective and on-point are incredibly valuable."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/iso_00_000.php

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#8
1. The copyrighted work at issue is the article "ISO 9000 2000 Is a Strong Platform for Quality and Success" by Staff Writer posted on the Article Insider web site at http://businessservices.articleinsider.com190048 iso 9000 2000.html
2. Search Query: "ISO 9000 2000 provides guidelines for quality assessment and documentation."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/iso_000_000.php

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#9
I. The copyrighted work at issue is the article "ISO TS 16949 Provides a Quality Assurance Template for the Automotive Supply Chain" by Staff Writer posted on the Article Insider web site at
httj//businessservices.articleinsider.com/90076 iso ts I6949.html
2. Search Query: "ISO TS 16949 provides an easier platform for internal audits and process dialogue."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/iso_ts_.php

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#10
1. The copyrighted work at issue is the article "ISO 14001 Provides Easy Guidance through Environmental Compliance Territory" by Staff Writer posted on the Article Insider web site at
http:/businessservices.articleinsider.com/90085 iso 14001.html
2. Search Query: "ISO 14001 is part of the ISO 14000 series, all of which are concerned with helping companies stay environmentally sound_ Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/iso_00.php
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.
T Signature
8. Fax to: [private]

Incident#11

L _ The copyrighted work at issue is the article "OHSAS 18001 Brings Health and Safety Standards to Your Business" by Staff Writer posted on the Article Insider web site at http://businessservices.articleinsider.com/90087 ohsas 1$001.html
2. Search Query: "OHSAS 18001 helps create an environment of safety and confidence."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/iso_00.php

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
1. The copyrighted work at issue is the article "ISO 13485 Brings Effective Quality Assurance to the Medical Devices Industry" by Staff Writer posted on the Article Insider web site at
http://businessservicesarticleinsider_coni/90090 iso 13485.html
2. Search Query: "ISO 13485 is a set of ISO standards specifically for the medical device industry."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/iso_.php

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#13
1. The copyrighted work at issue is the article "AS 9100 Can Help Your Company Become More Efficient, Profitable, and Competitive" by Staff Writer posted on the Article Insider web site at
http:l/businessservices.articleinsider.comI90095 as 9I00_html
2. Search Query: "Industry is responding to the changing marketplace and its comcomitant changes in regulations_"
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/as_.php

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#14
1. The copyrighted work at issue is the article "Starting Early" by Michelle Holmes posted on the Article Insider web site at hittp://teambuilding.articleinsider_cotn/57589 building a team.html
2. Search Query: "Individuals may be very talented and each can offer something unique to a team."
Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/building_a_team.php

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#15
1. The copyrighted work at issue is the article "Listening Carefully" by Michelle Holmes posted on the Article Insider web site at http://teambuilding.articleinsidex.com/57595 teamwork skills.html
2. Search Query: One of the most important teamwork skills to acquire is listening."
Infringing Web Pages: http://earn-free-money.com/business-pedia/team-building/teamwork_skills.php

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#16

1. The copyrighted work at issue is the article "From Classics For Kids To All Out War!" by Patricia Skinner posted on the Article Insider web site at httpJ/dvd.articleinsjder.com/21822 pal video games_html
2. Search Query: "From games based on classic movies, such as Disney's The Jungle Book, to war games that will satisfy even the most avid action lover, or even fast-paced sports games, you'll find what you're looking for among PAL video games."
Infringing Web Pages: http://www.dvdzonefree.com/palvideogames.htm

3. My email: bi1J@ 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.
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#17
1. The copyrighted work at issue is the article "A Check Binder Can Save Your Business" by Elizabeth Gonzalez posted on the Article Insider web site at http://businessservices.articleinsider.com/16836 check_binder.html
2. Search Query: The sad reality is that human beings, despite their best judgment and talent, are still not perfect."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/check_binder.php

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.
8. Fax to: [private]

7. Signature

Incident#18
1. The copyrighted work at issue is the article "Ordering Ring Binders Online" by Elizabeth Gonzalez posted on the Article Insider web site at http://businessservices.articleinsider.com/l7168 ring bindershtml
2. Search Query: "Because of the importance of business checks and invoices, storing them all in one place is a good idea."
Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/ring_binders.php

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#19
1. The copyrighted work at issue is the article "Simplify the Check Desk" by Elizabeth Gonzalez posted on the Article Insider web site at http://businessservices.articleinsider_com/17176 check desk.html
2. Search Query: "A check desk doesn't have to be a department full of people." Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/check_desk.php
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#20
1. The copyrighted work at issue is the article "Are There Rules Governing Faxes?" by Jeremy Horelick posted on the Article Insider web site at http://businessservicesarticleinsider_comI142687 faxes.html
2. Search Query: "Faxes are, in general, the victims of rapidly evolving technology_" Infringing Web Pages: http://earn-free-money.com/business-pedia/business-services/faxes.php
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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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.


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