Attributor DMCA (Copyright) Complaint to Google

sender

on behalf of Gizmodo

[Private] Redwood City, CA, 94061, US Sent on April 16, 2010

recipient

Google, Inc.

[Private] Mountain View, CA, , US Received on April 16, 2010

Re: http://eckiller.com/tag/said-something

Sent via: email

Notice Type:: Dmca

Action taken:: Yes

Body

Dear Sir/Madam, I certify under penalty of perjury, that I am an agent authorized to act on behalf of the owner of the intellectual property rights and that the information contained in this notice is accurate. I have a good faith belief that the page or material listed below is not authorized by law for use by the individual(s) associated with the identified page listed below or their agents and therefore infringes the copyright owner's rights. I HAVE A GOOD FAITH BELIEF THAT ADVERTISING ON THE INFRINGING PAGES/MATERIAL IDENTIFIED BELOW IS DELIVERED BY YOUR SERVICE AND I HEREBY DEMAND THAT YOU ACT EXPEDITIOUSLY TO REMOVE OR DISABLE SUCH ADVERTISING. This notice is sent pursuant to the Digital Millennium Copyright Act (DMCA), the European Union's Directive on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (2001/29/EC), and/or other laws and regulations relevant in European Union member states or other jurisdictions. Note that in some cases the pages/material may have been removed after the sending of this notice but prior to your review. My contact information is as follows: Organization name: Attributor Corporation as agent for Gizmodo Email: [redacted]attributor.com Phone: [redacted] Mailing address: [redacted] Redwood City, CA 94061 INFRINGING PAGES/MATERIAL WHERE ADVERTISING SHOULD BE REMOVED OR DISABLED: Original Work: Black Ninja Monday is When the Commenter Trolls Get Their Due [] Infringing Url: http://eckiller.com/tag/said-something

Related FAQs

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.

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'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.

Why does a search engine get DMCA takedown notices for materials in its search listings?

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.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbors.

For more information on Copyright and defenses to copyright infringement, see the Copyright page.

Are legal documents copyrightable?

Legal documents such as briefs, contracts, and even cease-and-desist letters written by private attorneys (but not by government lawyers) may be protected by copyright like any other material "fixed in a tangible medium of expression." However, greater fair use defenses may be available to those who copy legal documents. For example, it may be uniquely necessary to use the precise language of the document; the document may have little "creative" input; and its copying may not impact the market for legal services.

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.

Does the DMCA apply to non-US websites?

[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 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 provides links to the allegedly infringing material. [Sec. 512(d)]

What is "willful copyright 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 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.

What is "proprietary" material?

"Proprietary" indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties.

Where a party, holds or claims proprietary interests in relation to certain types of property (eg. a creative literary work, or software), that property may also be the subject of intellectual property law (eg. copyright or patents).

Who may hold a copyright?

A copyright ordinarily vests in the creator or creators of a work (known as the author(s)), and is inherited as ordinary property. Copyrights are freely transferrable as property, at the discretion of the owner. 17 U.S.C.

What is a patent?

A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.

What is the Digital Millennium Copyright Act?

The DMCA, as it is known, has a number of different parts. One part is the anticircumvention provisions, which make it illegal to "circumvent" a technological measure protecting access to or copying of a copyrighted work. Another part gives web hosts and Internet service providers a "safe harbor" from copyright infringement claims if they implement certain notice and takedown procedures.

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.

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