DMCA (Copyright) Complaint to Google

sender

on behalf of Lionsgate

[Private] , , , US Sent on November 04, 2012

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on November 04, 2012

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 Cabin in the Woods
Original URLs:
1. http://discoverthecabininthewoods.com/
Allegedly Infringing URLs:
1. http://community.active.com/message/1193915
2. http://community.active.com/thread/245728
3. http://community.active.com/thread/245803
4. http://forum.globaltimes.cn/forum/showthread.php?t=29124
5. http://megashare.info/watch-the-cabin-in-the-woods-online-TlRFM05nPT0
6. https://itunes.apple.com/us/movie/the-cabin-in-the-woods/id531670645
7. http://thecabininthewoods.exclusiomovie.net/
8. http://twomovies.name/watch_movie/The_Cabin_in_the_Woods
9. http://www.2010moviesplus.com/index.php/latest-movies/hollywood/1002-the-cabin-in-the-woods-watch-online-film-download-2012
10. http://www.alluc.org/movies/watch-cabin-in-the-woods-online/427048.html
11. http://www.alluc.org/movies/watch-the-cabin-in-the-woods-2011-online/387492.html
12. http://www.amazon.com/s?ie=UTF8&page=1&rh=i%3Advd%2Ck%3AThe%20Cabin%20in%20the%20Woods
13. http://www.blockbuster.com/browse/catalog/movieDetails/414845
14. http://www.dailymotion.com/video/xgco0u_watch-the-cabin-in-the-woods-full-movie-leaked-streaming_shortfilms
15. http://www.dailymotion.com/video/xpz5ow_the-cabin-in-the-woods-movie-trailer-hq_shortfilms
16. http://www.edenprairienews.com/community/forums/watch-cabin-in-the-woods-movie-online-free-hd/article_d49163ba-8329-11e1-9fe2-001a4bd370b0.html
17. http://www.fender.com/community/forums/viewtopic.php?f=41&t=76798
18. http://www.movie2k.to/The-Cabin-in-the-Woods-watch-movie-1590149.html
19. http://www.proprofs.com/forums/index.php?showtopic=518321
20. http://www.solarmovie.eu/watch-the-cabin-in-the-woods-2011.html
21. http://www.solarmovie.eu/watch-the-cabin-in-the-woods-2011.html?page=2
22. http://www.vietnamtravelforum.com/31260-watch-cabin-woods-movie-online-watch-lockout-movie-online.html
23. http://www.watchenglishmovie.com/2012/04/cabin-in-woods-2011.html
24. http://xfinity.comcast.net/video/playlist/fanMovies/2221946560/

Related FAQs

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

[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 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.

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

[not yet answered]

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.

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 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 is in the public domain?

The public domain refers to materials that are not protected under copyright law. Prior to 1978, a work could fall into the public domain if it was not registered or if it did not have proper notice. After 1978, there was no registration or notice requirement and thus a work would not automatically fall into the public domain.

A work may also fall into the public domain if its copyright expires. Under the 1909 Copyright Act, a work received protection for a 28 year period (works between 1964-1977 receive automatic renewal), with an option to renew the work for an additional 28 years (because of the Copyright Extension Act, a work created before 1978 can have protection for 95 years after publication). For works created after 1978, the copyright holder lasts for the life of the author + 70 years (the copyright holder's heirs retain the intellectual property rights).

So, you should not assume a work is in the public domain. You should first check with the Copyright Office.

May non-US citizens use the DMCA?

[not yet answered]

What can happen to an ISP if it does not take down the requested information?

[not yet answered]

What defenses are there to copyright infringement?

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

Does an ISP have to respond to the complainant to tell them when the material has been removed?

[not yet answered]

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.

What may be copyrighted?

In order to be copyrightable, a work must be

1. fixed in a tangible medium of expression; and
2. original.

Copyrights do not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries: they only protect physical representations. 17 U.S.C.

What is "willful 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.

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DMCA (Copyright) Complaint to Google

sender

Yes It Is - No Piracy!

on behalf of Lionsgate

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1