DMCA (Copyright) Complaint to Google

sender

on behalf of Mister Smith Entertainment

[Private] , , , GB Sent on November 22, 2013

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on November 22, 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 The Fifth Estate - 2013 (FILM)
Original URLs:
Allegedly Infringing URLs:
1. http://extabit.com/file/278vur6w6j8tg/The.Fifth.Estate.2013.DVDrip.XViD.part1.rar
2. http://extabit.com/file/278vur6w6j8tw/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar
3. http://extabit.com/file/278vur7r80tfo/The.Fifth.Estate.2013.DVDrip.XViD.part1.rar
4. http://extabit.com/file/278vur7r80tg4/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar
5. http://rapidgator.net/file/154450775/The.Fifth.Estate.2013.DVDrip.XViD.part1.rar.html
6. http://rapidgator.net/file/154450776/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar.html
7. http://rapidgator.net/file/2be6b0d673b5296c4e5ea4106951f712
8. http://rapidgator.net/file/9a4b28e71a337aeb363f30ba2fedebd4
9. http://rapidgator.net/file/a37dc805aad545d13b6620dc39df9e6e
10. http://rapidgator.net/file/dc1a065e3e2dafdb0716af81102f5719
11. http://ryushare.com/aglexc41m0pn/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar
12. http://ryushare.com/b7npabn8e7re/The.Fifth.Estate.2013.DVDrip.XViD.part1.rar
13. http://ryushare.com/g7bfnytsla9e/The.Fifth.Estate.2013.DVDrip.XViD.part1.rar
14. http://ryushare.com/qbkmiyz4q2bq/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar
15. http://www.secureupload.eu/2ome2lgc6dl6/The.Fifth.Estate.2013.DVDrip.XViD.part1.rar
16. http://www.secureupload.eu/eidfvf12l74s/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar
17. http://www.secureupload.eu/saeraoea8cyf/The.Fifth.Estate.2013.DVDrip.XViD.part2.rar

Related FAQs

What does a service provider have to do in order to qualify for safe harbor protection?

In addition to informing its customers of its policies, a service provider must follow the proper notice and takedown procedure 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 that 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)].

Do the Safe Harbor provisions apply to the distribution of circumvention tools such as serial numbers or to methods for disabling copyright management systems?

Section 512 creates a safe harbor from claims of "copyright infringement" for service providers who meet the statutorily-defined criteria. "Copyright infringement" is defined by Section 501 of the Copyright Act as any violation of the exclusive rights granted in sections 106 through 121 of the Act. Copyright infringement thus does not include violations of the DMCA's Anticircumvention provisions, which are found in Section 1201 et seq.

While they are unlikely to be deemed direct infringers, distributors of serial numbers may face either vicarious or contributory liability for copyright infringement. Vicarious liability requires that the distributor have the right and ability to control the infringer's behaviour and direct financial gain by the distributor. In circumstances of serial numbers posted on free message boards of Usenet groups, the distributor likely lacks both control and financial benefit. Contributory liability requires that the distributor possess knowledge of infringing conduct and materially contribute to the infringement. Although a distributor of serial numbers is likely aware that the numbers will be used to infringe, under Sony, if the serial numbers are capable of "substantial non infringing use" contributory infringement may not be found.

The anticircumvention provisions prohibit circumvention of technological access protection systems as well as the distribution of tools that facilitate circumvention of access or copy protection systems. The publication of serial numbers, for example, would likely constitute the distribution of a "technology, product, service, device, component, or part thereof" that facilitates circumvention of an access control. Under Section 1201, such a tool must either be primarily designed or produced for circumvention, have limited commercial purpose other than circumvention, or be marketed for circumvention. It is unlikely, however, that the publication would constitute "copyright infringement".

While a service provider may be under no obligation to remove material in violation of the Anticircumvention provisions in order to maintain its safe harbor protection from copyright infringement, by hosting such material the provider is exposed to potential secondary liability under Section 1201 and may therefore have an independent reason for removing the material.

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.

What is copyright infringement? Are there any defenses?

Infringement occurs whenever someone who is not the copyright holder (or a licensee of the copyright holder) exercises one of the exclusive rights listed above.

The most common defense to an infringement claim is "fair use," a doctrine that allows people to use copyrighted material without permission in certain situations, such as quotations in a book review. To evaluate fair use of copyrighted material, the courts consider four factors:

the purpose and character of the use
the nature of the copyrighted work
the amount and substantiality of copying, and
the market effect.

(17 U.S.C. 107)

The most significant factor in this analysis is the fourth, effect on the market. If a copier's use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as "fair use."

Trademarks are generally subject to fair use in two situations: First, advertisers and other speakers are allowed to use a competitor's trademark when referring to that competitor's product ("nominative use"). Second, the law protects "fair comment," for instance, in parody.

Does the DMCA apply to non-US websites?

[not yet answered]

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

[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.

Where can I find the text of the U.S. Copyright Act?

The federal Copyright Act may be found at http://www.loc.gov/copyright/title17/.

What is commercial reproduction of copyrighted materials?

Commercial reproduction is reproduction of multiple copies of copyrighted materials, in whole or in part, for the purposes of commercial redistribution. The permission granting process of copyrighted materials helps ensure individuals/organizations wishing to reproduce such materials for commercial purposes have access to the most accurate, up-to-date versions.

Can a complainant use the safe harbor provisions for violations of the anticircumvention provisions?

[not yet answered]

Does it make a difference if a link is an advertisement or just a link?

[not yet answered]

Do DMCA 512 provisions apply to other rights such as defamation and trademark? [link to 569 for more info about trademark] [link to 436 for definition of word defamation] [link to 51 for trademark]

[not yet answered]

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.

What is the difference between 512(a), 512(b), 512(c), and 512(d)?

[not yet answered]

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)

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DMCA (Copyright) Complaint to Google

sender

MUSO.com Anti-piracy

on behalf of Mister Smith Entertainment

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1