DMCA (Copyright) Complaint to Google

sender

on behalf of NBCUniversal

[Private] , , , US Sent on November 11, 2013

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on November 11, 2013

Re: Websearch Infringement Notification via Online Form Complaint

Sent via: online form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: movie

Description We Steal Secrets: The Story of WikiLeaks
Original URLs:
Allegedly Infringing URLs:
1. http://baymirror.com/torrent/9162647
2. http://kickass.to/we-steal-secrets-the-story-of-wikileaks-2013-limited-1080p-bluray-x264-an0nym0us-publichd-t8144776.html
3. http://kickass.to/we-steal-secrets-the-story-of-wikileaks-2013-limited-720p-bluray-x264-an0nym0us-publichd-t8141920.html
4. http://kickass.to/we-steal-secrets-the-story-of-wikileaks-2013-limited-720p-bluray-x264-an0nym0us-t8141936.html
5. http://kickmirror.com/we-steal-secrets-the-story-of-wikileaks-2013-limited-720p-bluray-x264-an0nym0us-t8141936.html
6. http://rarbg.com/torrents/filmi/download/y1287gd/torrent.html
7. http://thepiratebay.sx/torrent/9162640/
8. http://thepiratebay.sx/torrent/9162647
9. http://thepiratebay.sx/torrent/9162647/
10. http://www.torlock.com/torrent/2583011/we-steal-secrets-the-story-of-wikileaks-2013-limited-720p-bluray-x264-an0ny.html
11. http://www.torrentcrazy.com/torrent/8766099/we.steal.secrets.the.story.of.wikileaks.2013.limited.720p.bluray.x264-an0nym0us
12. http://www.torrentdownloads.me/torrent/1656683381/We+Steal+Secrets+The+Story+of+WikiLeaks+2013+LIMITED+720p+BluRay+x264-AN0NYM0US%5Brarbg%5D
13. http://www.torrentfunk.com/torrent/7229885/we-steal-secrets-the-story-of-wikileaks-2013-limited-720p-bluray-x264-an0ny.html
14. http://www.yourbittorrent.com/torrent/5087815/we-steal-secrets-the-story-of-wikileaks-2013-limited-720p-bluray-x264-an0ny.html

Related FAQs

What are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

Do the safe harbor provisions of section 512(c) apply to instances of alleged trademark infringement?

Section 512(c) does not pertain to instances of trademark infringement. Sub-section (1) states, "a service provider shall not be liable for . . . infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider . . ." (emphasis added). On its face, therefore, 512(c) is not applicable to a situation in which a trademark holder gives notice to an on-line service provider (OSP) that a user is infringing his or her intellectual property rights. However, in the absence of any caselaw on the subject, should a trademark holder bring a claim for contributory infringement, an OSP might be able to mount a valid defense by analogy to section 512(c).

Do search engines have to notify sites they index?

[not yet answered]

How can I find out whether a work has a registered copyright?

Works are copyrighted as soon as they are "fixed in a tangible medium of expression," but some legal rights and remedies are available only if the work's copyright is registered. To find a copyright registration, you may search copyright records at the Copyright Office website, but be aware that not finding a match does not mean the work is uncopyrighted.

What are the counter-notice and put-back procedures?

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not on infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

A proper counter-notice must contain the following information:

The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
Identification of the material and its location before removal [512(g)(3)(B)]
A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

What's wrong with removing a copyright notice?

Section 1202 of the Copyright Act prohbits unauthorized removal or alteration of copyright management information, which might include a copyright notice.

What are statutory damages?

A copyright owner can only sue for infringement on a work whose copyright was registered with the Copyright Office, and can get statutory damages and attorney's fees only if the copyright registration was filed before infringement or within three months of first publication. (17 U.S.C. 411 and 412) (17 U.S.C. 411 and 412)

A copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504). (17 U.S.C. 504)

What is the significance of Section 512(a) of the DMCA to service providers?

If a service provider falls within the requirements of subsection 512(a), then it will not be liable for monetary, injunctive, or other equitable relief. Specifically, a service provider will not be liable for copyright infringement by reason of (1) the service provider

What defenses are there to copyright infringement?

The primary defense to copyright infringement is "fair use." 17 U.S.C.

What is a copyright notice?

A copyright notice is placed on copies of a work by the owner in order to inform the public that the owner - an individual or business - holds copyright in the work. The public is then "on notice" that the work is copyrighted and unauthorized copying may infringe the copyright owner's rights.

Generally, a proper copyright notice must contain: 1. The symbol ©, the word “Copyright”, or the abbreviation “Copr.” 2. The year of first publication of the work. 3. The name of the copyright owner, a recognizable abbreviation of the copyright owner's name, or a generally known alternative designation of the owner.

The notice must also be placed on copies of a work so that they give reasonable notice of the claim of copyright.

The legal effect of proper copyright notice is to prevent a defendant in a copyright infringement suit to raise a defense based on innocent infringement. Simply, it prevents a defendant from saying "I had no idea that this work was copyrighted and I should not have to pay damages for willful infringement."

The specific notice provisions are set forth in 17 U.S.C. § 401-406.

May I freely copy from federal government documents?

Yes. Works produced by the US government, or any government agency or person acting in a government capacity, are in the public domain. So are the texts of legal cases and statutes from state or federal government. Private contractors working for the government, however, can license or transfer copyrights to the US government, and those copyrights remain enforceable.

What are statutory damages?

Does a complainant need to contact the alleged infringer before sending a 512 notice to an ISP?

[not yet answered]

May non-US citizens use the DMCA?

[not yet answered]

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DMCA (Copyright) Complaint to Google

sender

NBCUNIVERSAL

on behalf of NBCUniversal

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1