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 Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > ArticleInsider Claims 15 Infringements Inside Google Search (NoticeID 2258, http://chillingeffects.org/N/2258) Location: https://www.chillingeffects.org/notice.cgi?NoticeID=2258

ArticleInsider Claims 15 Infringements Inside Google Search

August 11, 2005

 

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

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


Sent via:
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]
Attn: [private] at [private]@infosearchmedia.com

Incident#1
1. The copyrighted work at issue is the article "Benefits of Business Lines of Credit" by James Kitchens posted on the Article Insider web site at http://loans.articleinsider.com/172034 business lines of credit.htrnl
2. Search Query: "Business lines of credit allow businesses to access cash whenever needed without having to go through the process of obtaining a new loan." Infringing Web Pages: http://revolving-line-of-creditibank_com/
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]

I_ncident#2

L The copyrighted work at issue is the article "Business Qualifications for SBA Loans" by James Kitchens posted on the Article Insider web site at http://loans.articleinsider.com1172054 sba loans_html
2. Search Query: "Loans for small businesses that do not meet the standards of the lender because they need to be stronger in some areas may be considered for an SBA guaranty."
Infringing Web Pages: http://sba-loan.ibank.com/
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]

T Signature

Incident#3
1. The copyrighted work at issue is the article "Bar Coding Features" by Jill Morrison posted on the Article Insider web site at http://management.articleinsider.com/122029 bar coding.html
2. Search Query: "Bar coding provides pertinent information about products for sale."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/bar_coding.php

3. My email: [private]@infosearchniedia.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#4

I. The copyrighted work at issue is the article "Options in Inventory Tracking" by Jill Morrison posted on the Article Insider web site at http:/management.articleinsider.com/122039 inventory tracking.html
Search Query: "When concentrating on inventory tracking you have a few options."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/inventory_tracking.php
3. My email: [private]@ infosearclunedia_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.
j
7. Signature
8. Fax to: [private]

Incident#5

1. The copyrighted work at issue is the article "Tools to Manage Inventory in Business" by Jill Morrison posted on the Article Insider web site at http://management.articleinsider.com/122043 manage inventorv.html
2. Search Query: "There are many different ways to manage inventory in a business atmosphere."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/manage_inventory.php
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 "Order Processing Options" by Jill Morrison posted on the Article Insider web site at http://management. articleinsider.com/122047 order processing-html
2. Search Query: "'There are many options you can choose from when processing orders."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/order_processing.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#7
1. The copyrighted work at issue is the article "Managing Purchase Orders" by Jill Morrison posted on the Article Insider web site at http://managernent.articleinsider.com/122053 purchase orders.html
2. Search Query: "Managing your purchase orders is a key element in the success of your business."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/purchase_orders.php
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. 4086 Del Rey Ave_ 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 "Retail Inventory Options" by Jill Morrison posted on the Article Insider web site at http://management. articleinsider.com/l 22056_retailjnventorv.html
2. Search Query: "Many different methods can be used to manage retail inventory." Infringing Web Pages: http://earn-free-money.com/business-pedia/management/retail_inventory.php
3. My email: [private]@infosearchmedia.comn 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

1. The copyrighted work at issue is the article "Key Business Resources" by Joshua Quattlebaum posted on the Article Insider web site at http://management.articleinsider.com/129846 business resources_html
2. Search Query: "Business resources provide valuable information necessary to direct strategic and operation coordination."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/business_resources.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
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]

lncident#10

1. The copyrighted work at issue is the article "The Basics of BPM Software" by Richard Brown posted on the Article Insider web site at http://management.articleinsider.com/109451 bpm software.html
2. Search Query: "It's important to choose BPM software that is not only efficient but also easy to use."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/bpm_software.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#11
1. The copyrighted work at issue is the article "An Excel Budget Form Is Easy" by Richard Brown posted on the Article Insider web site at http://marnagement.articleinsider.com/109471 excel_budget.html
2. Search Query: "For example, a company may have a spreadsheet full of data such as price per product, total sales, and total labor costs."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/excel_budget.php

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#l2

L _ The copyrighted work at issue is the article "The Basics of a Financial Budget" by Richard Brown posted on the Article Insider web site at http://management.articleinsider_comll O9472Ji.nanciaLbudget_html
2. Search Query: "A major problem with many business financial budgets is inaccuracy due to multiple reports."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/financial_budget.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 "OLAP Software for Ease of Function" by Richard Brown posted on the Article Insider web site at http://managementarticleinsider_com/109481 olap software_html
2Search Query: "OLAP software functions essentially to make life easier for businesses."
Infringing Web Pages: http://earn-free-money.com/business-pedia/management/olap_software.php

3 My email: [private]@roinfosearchmedia.com
Address: Infosearch Media, Inc. 4086 Del Rey Ave_ 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 "A Bad Credit Loan May Fix Your Credit" by Staff Writer posted on the Article Insider web site at httpxlloans.articleinsider.com174872 bad credit loan_html
2. Search Query: "Even though there are lenders out there who will agree to approve your high risk loan, they may charge you an insanely high interest rate." Infringing Web Pages:
http://www.accessmyloan.com/article/1581/a_bad_credit_loan_may_fix_your_credit
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
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 "Lenders Have Money to Loan" by Staff Writer posted on the Article Insider web site at http:/4oatisarticleinsider.comf74878 money to loan.html
2. Search Query: "Don't be intimidated, because loans are just a part of life." Infringing Web Pages: http://www.financekings.com/info/04-money-to-loan.html
3. My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
4. Email of infringing web site: 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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