Software DMCA (Copyright) Complaint to Google

sender

on behalf of Microsoft Corp.

[Private] Redmond, WA, , US Sent on January 31, 2012

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on January 31, 2012

Re: Websearch Infringement Notification via Online Form Complaint

Sent via: online form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: unknown

Description xbox360: Dragon Age: Origins - Ultimate Edition
Original URLs:
Allegedly Infringing URLs:
1. http://www.flowsinlimiteweb.com/foros/archive/index.php/t-31119.html?s=7feb34fedb7bd9822aea660512c48487
2. http://www.flowsinlimiteweb.com/foros/showthread.php/31119-Dragon-Age-Origins-Ultimate-Edition-XBOX360-RF
Copyright claim #2

Kind of Work: unknown

Description xbox360: Ben 10: Galactic Racing
Original URLs:
Allegedly Infringing URLs:
1. http://bitsnoop.com/ben-10-galactic-racingrf-ing-iso-ww-q30261769.html
2. http://isohunt.com/torrent_details/344300193/?tab=summary
3. http://torrentproject.com/732dde9c7e946b83e1035644fb06d01aa6da9007/
4. http://www.ifiles.com/details.aspx?hash=732DDE9C7E946B83E1035644FB06D01AA6DA9007
5. http://www.torrents.net/torrent/1914603/Ben-10-Galactic-RacingRF.ING.ISO.www.DAMEXBOX360.com/
Copyright claim #3

Kind of Work: unknown

Description xbox360: Raven Squad
Original URLs:
Allegedly Infringing URLs:
1. http://www.final4ever.com/guest-downloads/594149-raven_squad_hidden_danger_usa_rf_xbox360-moonwalker.html
2. http://www.final4ever.com/vb/545144-post1.html
Copyright claim #4

Kind of Work: unknown

Description xbox360: SBK 2011
Original URLs:
Allegedly Infringing URLs:
1. http://worldbestsat.forummate.com/viewtopic.php?style=71&f=308&t=1353&p=4606
Copyright claim #5

Kind of Work: movie

Description xbox360: Toy Story 3: The Video Game
Original URLs:
Allegedly Infringing URLs:
1. http://cybermania.org/topic/570521-dead-rising-2-eng-rip-by-globe/nextunread/
2. http://innovaboxa.net/dl/Published+News+Upcoming+News+Submit+a+New+Story+Groups+web+video.html
3. http://isohunt.com/torrent_details/191285865/
4. http://it.todoroms.com/mu-fs-toy-story-3-xbox-360-region-free,12
5. http://megarapid.net/forums/t/154793.aspx
6. http://megarapid.net/forums/t/888653.aspx
7. http://scc-tds.net/download/showthread.php?2441736-FS-Toy-Story-3-RF-7-links
8. http://www.asianonline.us/console-games/1486222-toy-story-3-xbox360.html
9. http://www.bittorrent.am/download-torrent/5610981/0/0/[GOD]%20Toy%20Story%203%20Non%20jtag%20Region%20Free%20By%20F%20J%20T%20R%20O%20P%20E%20R%20[it%20is.html
10. http://www.divxturka.net/console-games/981289-toy-story-3-xbox360-complex.html
11. http://www.divxturka.net/console-games/985715-toy-story-3-xbox360-complex.html
12. http://www.final4ever.com/archive/index.php/t-2397206.html
13. http://www.stars-box.com/forum/showthread.php?t=358123
14. http://www.stars-box.com/forum/showthread.php?t=358123&language=zh-TW
15. http://www.thehotfiledownload.com/games/140930-toy-story-3-xbox360-%5Bregion-free-action-2010%5D.html
16. http://www.warez4u.info/games/67072-toystory3xbox360-complex.html
Copyright claim #6

Kind of Work: unknown

Description xbox360: Michael Jackson The Experience
Original URLs:
Allegedly Infringing URLs:
1. http://final4ever.com/xbox-360/4167685-michael-jackson-experience-2011-xbox360-icon.html
2. http://forum.myfelm.com/thread229812.html
3. http://forums.myfelm.com/358558-post1.html
4. http://freestreamingdb.altervista.org/download-xbox360/michael-jackson-the-experience-t17489.html
5. http://megarapid.net/forums/t/937851.aspx
6. http://megarapid.net/forums/t/937854.aspx
7. http://thewarezscene.org/forums/michael-jackson-the-experience-xbox360-icon-t5931129.html
8. http://thewarezscene.org/forums/michael-jackson-the-experience-xbox360-icon-t5944008.html
9. http://thewarezscene.org/forums/michael-jackson-the-experience-xbox360-icon-t5949561.html
10. http://torrentyzahubicku.net/michael-jackson-the-experience/
11. http://torrentyzahubicku.net/?p=75
12. http://www.ddlzg.com/jeux/xbox-360/multimichael-jackson-the-experience-icon-xbox360/
13. http://www.flowsinlimiteweb.com/foros/showthread.php/30485-Michael-Jackson-The-Experience-XBOX360-iCON
14. http://www.forumcek.com/oyun-download/164536-michael-jackson-experience-xbox360-icon/
15. http://www.softsclub.com/games/238572-michael-jackson-experience-xbox360-icon.html
16. http://www.softsclub.com/games/242283-michael-jackson-experience-xbox360-icon.html
17. http://www.softsclub.com/games/244630-michael-jackson-experience-xbox360-icon.html
18. http://www.softsclub.com/games/287028-michael-jackson-experience-xbox360-icon.html
19. http://www.torrentcrazy.com/torrent/4946840/kinect.michael.jackson.the.experience.rf.-www.xboxswap.com
20. http://www.www.todoroms.com/multi-michael-jackson-the-experience-2011-xbox360-icon
21. http://www.www.todoroms.com/multi-michael-jackson-the-experience-xbox360-icon
22. http://www.youhavedownloaded.com/?q=660039151895FB433E12C2E08E538338C38398D1
23. http://xboxpirate.com/michael-jackson-experience-kinect-rf-xbox/
24. http://zeysan.com/vb/showthread.php?t=246811
Copyright claim #7

Kind of Work: unknown

Description xbox360: LEGO Harry Potter: Years 1-4
Original URLs:
Allegedly Infringing URLs:
1. http://get4share.com/forum/free-download-lego-harry-potter-years-1-4-pal-xbox360-spare-551504.html?s=4df653d871f650ec2d220c41169008f8&langid=1
2. http://megarapid.net/forums/t/896346.aspx
3. http://megarapid.net/forums/t/899641.aspx
4. http://megarapid.net/forum/t/896346.aspx
5. http://rarbg.com/torrents/filmi/download/04a2be1c04ab11f84d2d780f492278bd6fad6572/torrent.html
6. http://www.turkleech.net/sitemap/t-1510.html
Copyright claim #8

Kind of Work: unknown

Description xbox360: Gun
Original URLs:
Allegedly Infringing URLs:
1. http://forums.tokyo-tosho.org/details.php?id=446426
2. http://megarapid.net/forums/t/705721.aspx
3. http://portuguese.seedpeer.me/details/3771127/GalGunJAPXBOX360-GANT.html
4. http://romanian.seedpeer.me/details/3771127/GalGunJAPXBOX360-GANT.html
5. http://torrentproject.com/ee2dfd2595af5ebd7d14cad21003c8736f44da86/
6. http://www.extratorrent.cz/2011/xbox-hry/gal_gun_jap_xbox360-gant-15212/
7. http://www.smaragdtorrent.to/torrents/9808955/gal_gun_jap_xbox360-gant
Copyright claim #9

Kind of Work: unknown

Description xbox360: Steins;Gate -- Hiyokurenri no Darling
Original URLs:
Allegedly Infringing URLs:
1. http://sharedir.com/dl/39593143/Ks%2BFire%2B-%2BSGHRNDJ%2BXbox.html
Copyright claim #10

Kind of Work: unknown

Description xbox360: Ashes Cricket 2009
Original URLs:
Allegedly Infringing URLs:
1. http://scc-tds.net/download/showthread.php?64625-RS-com-Ashes-Cricket-2009-PAL

Related FAQs

Does a service provider have to follow the safe harbor procedures?

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.

What is the "first sale" doctrine?

First sale is a doctrine in copyright law saying the owner of a particular copy of a copyrighted work has the right to sell, lend, or transfer that copy. In other words, the copyright holder's rights over a physical copy of a work end with the "first sale." The doctrine is codified in the Copyright Act, 17 U.S.C. 109.

What rights do I have if someone knowingly demands removal of material to which they do not have the rights?

Under Section 512(f) of the Copyright Act one who knowingly materially misrepresents a claim of infringement is liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or ISP injured by the misrepresentation, as the result of the service provider relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are harmed by a mistaken takedown (as poster or as ISP), you may be able to recover damages and your legal fees from the person who made the wrongful claim.

Why does a web host or blogging service provider get DMCA takedown notices?

Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)m a safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users." This 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 materials its users post, 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.

What is misappropriation of copyrighted material?

One has misappropriated copyrighted material if he or she has acquired, disclosed, or used the material without the permission/license from the holder of the copyrighted material, where such activities were done through improper means or in breach of an obligation of confidentiality or non-use.

Does copyright protect techniques or methods?

No. Copyright protects only expression, not ideas. So while copyright might protect one author's description of a bookkeeping method, it does not prevent others from using the method or copying the forms needed to use it.

This "idea/expression dichotomy" is spelled out in part in the Copyright Act's Section 102(b):

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

What can happen to an ISP if it does not take down the requested information?

[not yet answered]

What defines a service provider under Section 512 of the Digital Millennium Copyright Act (DMCA)?

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:

Conduit Communications include the transmission and routing of information, such as an email or Internet service provider, which store the material only temporarily on their networks. [Sec. 512(a)]
System Caching refers to the temporary copies of data that are made by service providers in providing the various services that require such copying in order to transfer data. [Sec. 512(b)]
Storage Systems refers to services which allow users to store information on their networks, such as a web hosting service or a chat room. [Sec. 512(c)]
Information Location Tools refer to services such as search engines, directories, or pages of recommended web sites which provide links to the allegedly infringing material. [Sec. 512(d)]

If something is not authorized, does that mean that it is infringing?

[not yet answered]

Why does an ISP send DMCA notices to its subscribers for copyright owners?

Notice whether the letter came from an Internet Service Provider (ISP) and not from the copyright owner. The Digital Millenium Copyright Act both protects ISPs from copyright liability (leaving the end user with that liability) and requires ISPs to participiate in a "takedown" process when copyright owners claim infriging use. See the FAQs associated with this notice for more information.

What is "willful infringement"?

Willful infringement occurs when the infringer knows that the material they are copying is protected by copyright.

In many cases, the penalties for copyright infringement are greater if the infringement is willful.

What rights are protected by copyright law?

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), (2) the right to create derivative works, (3) the right to distribution, (4) the right to performance, (5) the right to display, and (6) the digital transmission performance right.

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 regulation 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.

What is a valid copyright license?

A valid license is an agreement where the copyright owner retains his or her ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

Does the DMCA require service providers to filter or monitor user postings to their sites?

No. The DMCA safe harbor protections apply to a service provider who responds expeditiously to notices of claimed infringement. Nothing in the statute imposes affirmative obligations to watch for or block potential future infringements.

What subject matter is not copyrightable?

Copyright protects original works of authorship fixed in a tangible medium. Copyright does not protect facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. 17 U.S.C.

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Software DMCA (Copyright) Complaint to Google

sender

Marketly.com

on behalf of Microsoft Corp.

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1

Copyright claim #2

Copyright claim #3

Copyright claim #4

Copyright claim #5

Copyright claim #6

Copyright claim #7

Copyright claim #8

Copyright claim #9

Copyright claim #10