DtecNet DMCA (Copyright) Complaint to Google

sender

on behalf of Quentin Tarantino

[Private] , , , US Sent on January 28, 2014

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on January 28, 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 The Hateful Eight
Original URLs:
1. http://www.imdb.com/title/tt3460252/
Allegedly Infringing URLs:
1. http://aintitcool.com/node/65876
2. http://aintitcool.com/node/65876?utm_source=full-feed&utm_medium=feed&utm_term=coolnews&utm_campaign=1310_RSS
3. http://archive.foolz.us/tv/thread/40929645/
4. http://bbs.clutchfans.net/showpost.php?p=8635264&postcount=1
5. http://ca.movies.yahoo.com/blogs/movie-news/8-unforgettable-moments-quentin-tarantino-hateful-eight-script-003739230.html
6. http://chud.com/community/t/150031/meager-details-for-quentin-tarantino-s-next-hateful-eight/100
7. http://cinemania.es/noticias-de-cine/asi-iba-a-ser-the-hateful-eight-el-western-que-tarantino-ya-no-hara
8. http://defamer.gawker.com/here-are-plot-details-from-quentin-tarantinos-leaked-1507675261
9. http://filmpro.ru/journal/61624832
10. http://kickass.to/hateful-eight-pdf-t8657558.html
11. http://mcm.fr/the-hateful-eight-le-script-devoile-a246246.html
12. http://nolanfans.com/forums/viewtopic.php?f=17&p=777651
13. https://archive.foolz.us/tv/thread/40982375/
14. http://slumz.boxden.com/f218/plot-details-emerge-quentin-tarantinos-hateful-eight-planned-shoot-film-70mm-2030482/
15. https://twitter.com/TheWrap/status/426447659575296001
16. http://sublimereddit.aesptux.com/comments/r/movies/comments/1w4ve6/quentin_tarantinos_the_hateful_eight_script_pdf/
17. http://sublimereddit.aesptux.com/comments/r/movies/comments/1w5c9g/the_hateful_eight_the_screenplay_which_quentin/
18. http://themovies.co.za/2014/01/24/here-are-the-leaked-script-details-for-quentin-tarantinos-the-hateful-eight/
19. http://torcache.net/torrent/E5CD757C4958AAA7445A6CC2B54A4DF7341E0C05.torrent?title=%5Bkickass.to%5Dhateful.eight.pdf
20. http://veooz.com/news/Gk7oxq.html
21. http://vk.com/public.cinemaholics?w=wall-35595350_157034
22. http://vk.com/public.cinemaholics?w=wall-35595350_157035

Related FAQs

Does filing a counter-notification indicate that you are willing to defend yourself against a claim of copyright infringement?

Filing a counter-notification indicates that the subscriber has a "good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." [15 U.S.C. s 512(g)(c)(3)] A counter-notification also requires a statement that the subscriber consents to the jurisdiction in which the address of the subscriber is located. [17 U.S.C. s 512(g)(3)(D)]

Thus, the filing of a counter-notification does not explicitly indicate consent to defend against a claim of copyright infringement; it merely indicates a good faith belief that the challenged material is non-infringing. An individual who believes that a user has infringed or is infringing upon his or her copyright may sue the user for infringement regardless of whether a take-down notice is sent to the service provider. The safe-harbor rules do not affect the right of a lawful copyright holder to sue a user who directly infringes his or her copyright.

May non-US citizens use the DMCA?

[not yet answered]

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

[not yet answered]

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.

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

Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)'s safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users" or Section 512(d)'s 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 materials it hosts or links to, it can avoid the possibility of money damages by following the DMCA's takedown procedure when it gets a notice. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

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 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 kinds of things are copyrightable?

In order for material to be copyrightable, it must be original and must be in a fixed medium.

Only material that originated with the author can support a copyright. Items from the public domain which appear in a work, as well as work borrowed from others, cannot be the subject of an infringement claim. Also, certain stock material might not be copyrightable, such as footage that indicates a location like the standard shots of San Francisco in Star Trek IV: The Voyage Home. Also exempted are stock characters like the noisy punk rocker who gets the Vulcan death grip in Star Trek IV.

The requirement that works be in a fixed medium leaves out certain forms of expression, most notably choreography and oral performances such as speeches. For instance, if I perform a Klingon death wail in a local park, my performance is not copyrightable. However, if I film the performance, then the film is copyrightable.

Single words and short phrases are generally not protected by copyright, even when the name has been "coined" or newly-created by the mark owner. Logos that include original design elements can be protected under copyright or under trademark. Otherwise, words, phrases and titles may be protected only by trademark.

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.

Does a complainant have to prove that they own the copyright?

[not yet answered]

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.

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 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.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

What constitutes unlicensed copy and display of copyrighted material?

Unlicensed use or distribution of copyrighted works is illegal and may be considered a criminal act. Copyright law grants the exclusive right to use, copy, distribute, display, and perform a copyrighted work to the owner of the copyright. The owner of the copyright is the only entity that may grant permission for anyone to use, copy, distribute, display and perform the work.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1