Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > Signals crossed on Satellite TV websites (NoticeID 2260, http://chillingeffects.org/N/2260)

Location: https://www.chillingeffects.org/notice.cgi?NoticeID=2260

Signals crossed on Satellite TV websites

August 12, 2005

Sender Information:
Clearlink Technologies
Sent by: [Private]
[Private]
Salt Lake City, Utah, 84121, US

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

Sent via: fax
Re: Copyright infringement notification

Dear User Support Agent,

According to the instructions contained on your website at http://www.google.com/dmca.html, we are filing this notice of infringement regarding a website that is infringing our copyrighted work.

1. Identify in sufficient detail the copyrighted work that you believe has been infringed.
The copyrighted work at issue is the text that appears on www.satellite-tv.ws and its related links.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
Infringing Web Site: www.freesatelliteforyou.com

Free Satellite For You.com has placed a banner at the very bottom of their home page and that is the only thing different about the two pages.

For example, if you click on this link: "Direct Tv Programming Packages" on the offending domain it leads to this page:
http://www.freesatelliteforvou.com/direct-tv/programming.php which is a complete copy of the http:l/www.satellite-tv.ws/direct-tv/programming.php Direct TV Programming Packages page.

Next, if you click on this link on the offending site:
"Digital Video Recorder (DVR) with Tivo" it takes you to this page: http://www.freesatelliteforyou.com/direct-tvitive.ahn

which is a complete 100% copy of the corresponding page on the offended site located here: httpil/www.satellite-tv.ws/direct-tv/tivo.pho

Next, if you click on the link on the offending site titled: "HDTV Package", it takes you to this page:

http://www.freesatelliteforyou.com/direct-tv/high-defintion-tv.php which is a copy of the corresponding page on the offended site here: http://www.satellite-tv.ws/direct-tv/high-defintion-tv.php also by the same anchor text of "HDTV Package".

Next, if you click on the link on the offending site titled: "Direct TV by State", it takes you to this page here: http:llwww.freesatelliteforvou.com/direct-tv/state.oho
which again is a copy of the corresponding offended site here: http://www.satellite-tv.ws/direct-tv/state.ahi.

Next, if you click on the link on the offending site titled:
"Frequently Asked Questions", it takes you to this page: http://www.freesatelliteforyou.com/direct-tv/faq.php which again is a carbon copy of the corresponding page on the offended site here:
http://vvww.satellite-tv.ws/direct-tvlfaq.php
also with the identical anchor text of "Frequently Asked Questions".

Also, the entire left sidebar link area on the offending (Free Satellite For
You.com) site on ALL site pages is 100% identical to the left side bar area on ALL pages of the offended (Satellite-TV.ws) domain/site.

Next, if you click on the link on the offending site titled:
"Programming Packages" under the "Dish Network Programming" heading you go to this page: http://www.freesatelliteforyou.com/programminq.php which again is a 100% copy of the corresponding page on the victim site located here:
http://www.satellite-tv.ws/programming.php with again the same anchor text of "Programming Packages" under the "Dish Network Programming" heading.

Next, if you click on the link on the offending site titled:
"Commercial Programming" you go to this page: http://www.freesatelliteforyou.com/commercial.php
which is a 100% copy of the corresponding page on the offended site here: http://www.satellite-tv.ws/commercial.php with the same anchor text of: "Commercial Programming".

All other links in the left sidebar area of the offending site: www.freesatelliteforyou.com are dead links at this time.

Obviously, with the links of the infringing site's left sidebar area matching those of the offended site www.satellite-tv.ws, there is a 100% copy of our site; the clear intent of the Copyright infringing site is to steal ALL of the web content verbatim from wwwsatellite-tv.ws.

3. Provide information reasonably sufficient to permit Google to contact you.
[private]@clear-link.com or [private]@idishnetwork.com

4. Provide information, if possible, sufficient to permit Google to notify the owner/administrator of the web page that allegedly contains infringing material.
[private] [private] Kokomo, IN 46902 US

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.

Sincerely,
[private]
Clearlink Technologies

image

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/notice.cgi?NoticeID=2260

disclaimer / privacy / about us & contacts