DMCA (Copyright) Complaint to Google

sender

on behalf of Sony Pictures

[Private] , , , US Sent on November 06, 2012

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on November 06, 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 Other Guys
Original URLs:
1. http://www.sonypictures.com/homevideo/theotherguys/
Allegedly Infringing URLs:
1. http://www.1channel.ch/tv-5127-Dawsons-Creek
2. http://www.1channel.ch/watch-1330-Meet-the-Robinsons
3. http://www.1channel.ch/watch-5624-Up
4. http://www1.zmovie.tv/movies/view/the-avengers-2012
5. http://www.movie2k.to/Contagion-watch-movie-1033665.html
6. http://www.movie2k.to/The-Iron-Lady-watch-movie-1201582.html
7. http://www.movie2k.to/The-Notebook-watch-movie-402902.html
8. http://www.movie2k.to/tvshows-1324084-Desperate-Housewives.html
9. http://www.solarmovie.eu/watch-family-guy-presents-stewie-griffin-the-untold-story-2005.html
10. http://anilinkz.com/avatar-the-legend-of-korra-episode-1
11. http://anilinkz.com/avatar-the-legend-of-korra-episode-5
12. http://articles.pubarticles.com/watch-the-art-of-getting-by-free-online-megavideo-1307963853,210738.html
13. http://businessetc.thejournal.ie/less-free-tv-as-megaupload-and-megavideo-shut-down-332699-Jan2012/
14. http://forums.boxee.tv/showthread.php?t=52018&page=3
15. http://megashare.info/watch.php?id=TWpjNU5BPT0&epi=1
16. http://news.cnet.com/8301-31001_3-57362152-261/fbi-charges-megaupload-operators-with-piracy-crimes/
17. http://techod.com/what-happened-to-megavideo/
18. http://techpp.com/2009/09/13/5-hacks-bypass-megavideo-72-minutes-limitation/
19. http://tv.blinkx.com/movie/the-other-guys/hk4eEpokwtW1Qhhg
20. http://usatoday30.usatoday.com/tech/news/story/2012-01-29/kim-dotcom-megaupload/52875276/1
21. http://watchseries.eu/serie/big_time_rush
22. http://wpshower.com/forums/showthread.php?t=14182&page=1
23. http://www.1channel.ch/tv-10035-Frasier
24. http://www.1channel.ch/tv-13433-The-Real-World
25. http://www.1channel.ch/watch-2025-Confessions-of-a-Teenage-Drama-Queen
26. http://www.1channel.ch/watch-23087-Northanger-Abbey
27. http://www.1channel.ch/watch-2612-Everything-Is-Illuminated
28. http://www.1channel.ch/watch-2836-The-River-Wild
29. http://www.amiright.com/parody/80s/shalamar3.shtml
30. http://www.articlesbase.com/movies-articles/watch-tangled-online-free-megavideo-3742761.html
31. http://www.buzzingnow.info/watch-django-unchained-2012-full-movie-online-stream-megavideo-zshare-torrent/
32. http://www.cinesmart.net/watch-category/episodes
33. http://www.dailymotion.com/video/xu6ih0_isla-pilipinas-vs-the-other-guys-10-7-12_sport
34. http://www.dramaload.com/korean-drama-boys-before-flowers/watch-boys-before-flowers-episode-1-28612/
35. http://www.forbes.com/sites/davidthier/2012/01/24/is-this-the-real-reason-why-megaupload-was-shut-down/
36. http://www.linkinpark.com/forum/topics/watch-leverage-season-5-episode-6-online-free-putlocker-megavideo
37. http://www.lionsdenu.com/7-sites-to-use-for-streamingdownloading-in-a-post-megaupload-world/
38. http://www.lionsdenu.com/tag/megavideo-replacement/
39. http://www.makeuseof.com/tag/megaupload/
40. http://www.movie2k.to/28-Weeks-Later-watch-movie-1888730.html
41. http://www.movie2k.to/Contagion-watch-movie-1293521.html
42. http://www.movie2k.to/Step-Brothers-watch-movie-414395.html
43. http://www.movie2k.to/The-Butterfly-Effect-2-watch-movie-1515438.html
44. http://www.movie2k.to/The-Expendables-watch-movie-164835.html
45. http://www.mysoju.com/japanese-movie/gokusen-the-movie/
46. http://www.rlslog.net/8-megaupload-megavideo-alternatives/
47. http://www.rlslog.net/megaupload-megavideo-raided-by-fbi-owners-arrested/
48. http://www.solarmovie.eu/search/the+other+guys/
49. http://www.solarmovie.eu/watch-17-again-2009.html
50. http://www.solarmovie.eu/watch-burke-and-hare-2010.html
51. http://www.solarmovie.eu/watch-just-one-of-the-guys-1985.html
52. http://www.solarmovie.eu/watch-mr-smith-goes-to-washington-1939.html
53. http://www.solarmovie.eu/watch-revenge-of-the-nerds-1984.html
54. http://www.solarmovie.eu/watch-the-mechanic-2011.html
55. http://www.solarmovie.eu/watch-western-movies.html
56. http://www.solarmovie.eu/watch-white-christmas-1954.html
57. http://www.strongerman.com/products/how-to-hit-like-a-freight-train/
58. http://www.tumblr.com/tagged/videobb
59. http://www.tv-links.eu/tv-shows/House_347/season_8/episode_7/
60. http://www.tv-links.eu/tv-shows/Jersey-Shore_16774/season_3/episode_9/
61. http://www.tv-links.eu/tv-shows/Luck_29480/season_1/episode_1/
62. http://www.tv-links.eu/tv-shows/Pretty-Little-Liars_22405/season_2/episode_14/
63. http://www.tvshow7.eu/vampire-diaries-season-3-episode-15-all-my-children/
64. http://www.vidics.eu/watch/13579/Death-Becomes-Her-1992.html
65. http://www.vidics.eu/watch/26444/Connie-and-Carla-2004.html
66. http://www.vidics.eu/watch/2708/Bright-Star-2009.html
67. http://www.vidics.eu/watch/28035/Two-and-a-Half-Men-2003.html
68. http://www.vidics.eu/watch/42804/Satan-s-Mistress-1982.html
69. http://www.vidics.eu/watch/47063/Detective-Conan-1996.html
70. http://www.vidics.eu/watch/53310/Captain-America--The-First-Avenger-2011.html
71. http://www.vidics.eu/watch/64353/This-Means-War-2012.html
72. http://www.vidics.eu/watch/9432/Alex-Rider--Stormbreaker-2006.html
73. http://www.washingtonsblog.com/2012/01/did-the-feds-just-kill-the-cloud-storage-model.html
74. http://www.watchenglishmovie.com/2010/08/other-guys-2010.html
75. http://www.wired.com/threatlevel/2012/01/megaupload-indicted-shuttered/
76. http://www.worldtvpc.com/blog/megavideo-shut-beginning-piracy/
77. http://www.zmovie.tv/movies/view/the-possession-2012

Related FAQs

What elements are necessary for an effective DMCA notification?

Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include:

a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right;
identification of the copyrighted works claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address);
a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

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)]

Why does a user-generated content site get DMCA takedown notices for links users have posted?

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.

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).

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

[not yet answered]

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 is the significance of Section 512(a) of the DMCA to service providers?

If a service provider falls within the requirements of subsection 512(a), then it will not be liable for monetary, injunctive, or other equitable relief. Specifically, a service provider will not be liable for copyright infringement by reason of (1) the service provider

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

[not yet answered]

If a service provider qualifies for protection under one of the DMCA section 512 safe harbors, does this preclude the service provider from protection under other 512 safe harbors?

Whether a service provider is entitled to protection under any one of subsections 512(a) - 512(d) will be based solely on the criteria in that subsection and will not affect a determination of whether that service provider qualifies for limitations on liability under any other subsection 512(a) - (d) [512(n)].

What rights are protected by copyright law?

The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying), (2) the right to create derivative works, (3) the right to distribution, (4) the right to performance, (5) the right to display, and (6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement regulation protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

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.

What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?

Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider

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.

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

[not yet answered]

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

[not yet answered]

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DMCA (Copyright) Complaint to Google

sender

Yes It Is - No Piracy!

on behalf of Sony Pictures

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1