DMCA (Copyright) Complaint to Google

sender

on behalf of MPI Media Group company

[Private] , , , US Sent on January 12, 2014

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on January 12, 2014

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 Copyrighted work is the TV Series titled "Dark Shadows" produced by MPI Media Group company.
Original URLs:
1. http://www.imdb.com/title/tt0059978/
Allegedly Infringing URLs:
1. http://www.grundbesitz-ocala.com/wp-content/dark-shadows-dvd-collection-1-download
2. http://1337x.ic0nic.de/torrent/190066/Dark-Shadows-DVD-1966-eps-493-532-The-Collection-8/
3. http://aflamdvd.org/search/dark+shadows+collection+5+2c/
4. http://amcostars.com/night-of-dark-shadows-download
5. http://bayproxy.me/torrent/6280645/Dark_Shadows_The_Series_Disc_2-1_(camdolen)
6. http://bayproxy.org/torrent/4776909/Dark_Shadows_Collection_6_disk_1c
7. http://bitsnoop.com/dark-shadows-the-collection-24-q13734244.html
8. http://edo-chimu.com/en/details/892584/Dark++Shadows++DVD++1966+eps+413-452(The++Collection++6).html
9. http://elvinodelmar.com/dark-shadows-collection-5-download
10. http://extratorrent.occupyuk.co.uk/torrent_download/855226/Night+Of+Dark+Shadows+1971.torrent
11. http://iamtherealnick.ru/Dark-Shadows-Collection-5-disk-3c-t3105163.torrent
12. http://isohunt.to/torrent_details/8273422/Dark-Shadows-Year-One-006-2013-Digital-TLK-EMPIRE-HD-cbr
13. http://katmirror.com/dark-shadows-dvd-1966-eps-413-452-the-collection-6-t5396278.html
14. http://katmirror.co/search/dark%20shadows%20collection/
15. http://mythepiratebay.com/torrent/4776849/
16. http://mythepiratebay.com/torrent/4843686/
17. http://pirateshit.com/torrent/4709495/Dark_Shadows_Beginnings_Episodes_71-79
18. http://proxykat.eu/dark-shadows-collection-5-disk-3b-t2199272.html
19. http://saf-su.ru/download/2224667/Dark+Shadows+Collection+9+torrent+xtremetv+org/
20. http://stagetorrents.ru/Dark-Shadows-DVD-1966-eps-251-290-The-Collection-2-t3735159.torrent
21. http://thepiratebay.ee/torrent/4384272/Dark%20Shadows%20the%20Beginning%20Volume%20One%20Disc%20One%20DVDRip
22. http://thepiratebay.org/torrent/4767437/Dark_Shadows_Collection_5_disk_1
23. http://thepiratebay.tn/torrent/4773024/
24. http://thepiratebay.tn/torrent/4776896/Dark_Shadows_Collection_5_disk_4b
25. http://torrent-finder.info/Dark+Shadows+Collection,torrent,search.html
26. http://torrentproject.com/c9b3e49b0f205f783d0a08a9e7ae88785a6b3094/
27. http://torrents.de/20bb4fe9c3b11f1ff647a890b05a831c9286808b
28. http://torrentz.cd/38e624c7bfa38b44b385c54ef82b5d80c2c93a95/Night-of-Dark-Shadows-1971-COMPLETE-NTSC-DVDR-WaLMaRT.torrent
29. http://torrentz-proxy.com/8b461ae796e60a816431a3be11cfa2b5bc98ce4c
30. http://tpb.torrenticity.com/torrent/6038011/
31. http://truetorrent.com/torrent/Dark-Shadows-Collection-5-disk-4a
32. http://wheelsonthebus.ru/torrent/6976080/Dark+Shadows+Collection+10+torrent+%5Bxtremetv+org%5D/
33. http://www.hulu.com/watch/63065
34. http://www.ikwilthepiratebay.org/thepiratebay.se/torrent/4776909/Dark_Shadows_Collection_6_disk_1c
35. http://www.jeu-de-tarot.com/movies/307315/Night-of-Dark-Shadows-1971-BDRiP-XviD-REPACK-iFPD.html
36. http://www.kat.mk/tv-torrents/Dark-Shadows-1991-Complete-Series_288219981.html
37. http://www.kickassunblock.info/dark-shadows-the-series-disc-2-2-camdolen-t5398826.html
38. http://www.piraattilahti.org/torrent/4843686/Dark_Shadows_Collection_8
39. http://www.sumotorrent.sx/download/1661466/2008-09-08/Dark+Shadows+the+Beginning+Volume+One+Disc+One+DVDRip%09_PB4384272.torrent.torrent
40. http://www.torrentbit.net/torrent/2797554/Night%20of%20Dark%20Shadows%201971%20COMPLETE%20NTSC%20DVDR-WaLMaRT/
41. http://www.torrentdownloads.me/torrent/1652727831/dark+shadows+the+collection+01
42. http://www.torrentfile.org/Cold-Sun--Dark-Shadows-(1970)-[FLAC]-torrent-426102.html
43. http://www.torrentfunk.com/torrent/2318570/dark-shadows-the-series-disc-1-3-camdolen.html
44. http://www.torrenthound.com/hash/f00e4c790573f7161baf6fd6ae63dd0b0e8f496e/torrent-info/Dark--Shadows--DVD-1966-eps-291-330-The-Collection-3
45. http://www.torrentlookup.com/torrent/dark-shadows-the-collection-01/69cK/
46. http://www.torrentlookup.com/torrent/dark-shadows-the-collection-04/69eR/
47. http://www.torrentroom.com/torrent/3046177-Dark-Shadows-The-Series-Disc-1-4-camdolen.html
48. http://www.torrents.net/torrent/1256682/Dark-Shadows-The-Collection-05/
49. http://www.torrentspy.biz/download/dark-shadows-dvd-1966-eps-696-735-the-collection-13.html
50. http://www.torrenttree.com/dark-shadows/
51. http://www.torrentz.sx/Dark-Shadows-sample-episode-(collection-4-disc-3-episode-3)-download-torrent-DABA540C95A34086ABF578BC874BD628BFBA29FE.php
52. http://www.torzila.com/torrent/dark+shadows+collection+8+6630751
53. http://www.torzila.com/torrent/dark+shadows+the+collection+01+5242559
54. http://www.tpbunblocked.me/torrent/4685905/
55. http://www.veoh.com/watch/v18678472g5cxCK5r

Related FAQs

How do I file a DMCA counter-notice?

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.

Do the DMCA 512 provisions apply to page-rank hijacking or sites getting higher page ranks?

[not yet answered]

what is criminal prosecution?

A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.

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)

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 "trade dress"?

Trade dress refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers. The “look and feel” of a product or its packaging.

What are the communication requirements that Section 512 imposes on OSPs, complainants, and alleged infringers?

Each of the parties -- the complainant, the Online Service Provider (OSP), and the alleged infringer -- has the right to communicate with the other parties. In addition, OSPs and complainants are required to engage in certain communications in order to take advantage of the DMCA's notice-and-takedown and safe harbor provisions.

The complainant starts the Sec. 512 process by notifying the Online Service Provider (OSP) or the OSP's agent in writing of a copyright infringement. Section 512(c)(3)(A)(iii) sets out the requirements for notice to OSPs. Under this section, the complainant must specifically identify the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Section 512(d)(3) sets out the procedure for contacting information location tools, such as search engines. Under Sec. 512(d), the complainant must identify the reference or link to the allegedly infringing material, and must provide enough information for the search engine to locate the link.

The complainant is not required to contact the alleged infringer at any time. [§ 512(h)(5).] However, complainants who do wish to contact the infringer, or to file suit on an infringer, may use the Sec. 512(h) subpoena process to require an OSP provide its customers' identifying information to the complainant.

The OSP has two separate sets of communication obligations. First, the OSP is generally required to establish policies regarding copyright infringement and repeat infringers and to inform subscribers and account holders about those policies as well as about the actions taken against repeat infringers. [§ 512(i)(1)(A).] This applies both to Sec. 512(c) ISPs and Sec. 512(d) information location tools.

Second, once an OSP receives a Section 512 takedown notice, it is required to notify its subscriber that it has disabled access to the allegedly infringing material. [§ 512(g)(2)(A).]

A recipient is not required to respond in any way to Sec. 512 notices from OSPs or complainants. However, without a recipient response, the OSP will generally remove or disable access to the material, possibly even disabling an ISP account. To avoid this, the recipient may file a counter-notification with the OSP, denying that the material infringes copyright. [§ 512(g)] If an OSP receives a counter-notification, then the service provider must notify the complainant that it will cease disabling access in 10 business days unless the complainant obtains a court-imposed restraining order. [§ 512(g)(2)(C)]

What happens if an individual is found to repeatedly infringe?

The safe harbor provisions require the service provider to include in its copyright infringement policies a termination policy that results in individuals who repeatedly infringe copyrighted material being removed from the service provider networks. [512(i)(1)(A)] This termination policy must be made public in the terms of use that the service provider includes in its contracts or on its web site.

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 are the DMCA Safe Harbor Provisions?

In 1998, Congress passed the On-Line Copyright Infringement Liability Limitation Act (OCILLA) in an effort to protect service providers on the Internet from liability for the activities of its users. Codified as section 512 of the Digital Millennium Copyright Act (DMCA), this new law exempts on-line service providers that meet the criteria set forth in the safe harbor provisions from claims of copyright infringement made against them that result from the conduct of their customers. These safe harbor provisions are designed to shelter service providers from the infringing activities of their customers. If a service provider qualifies for the safe harbor exemption, only the individual infringing customer are liable for monetary damages; the service provider's network through which they engaged in the alleged activities is not liable.

May ISPs specify the format in which they receive takedown notices?

[not yet answered]

Do plot synopses and reproductions of photographs infringe on copyrights?

A plot synopsis may or may not infringe on a copyright, depending on whether the court finds that the use of original material is fair use. Photographs are protected by the copyright holder's rights to both reproduce and display his work, and this right may be violated by posting those photographs on the Internet.

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)]

Am I free to copy the content from someone else's website verbatim?

No. While you are free to report the facts and ideas embodied in another person's article or web page, you shouldn't copy the entire page unless you can assert a fair use defense. Copyright does not protect facts or ideas, but it can protect the particular way someone has expressed them.