Titan Media complains of blogged links

recipient

Google, Inc. [Blogger]

[Private] Mountain View, CA, 94043, US Received on March 20, 2007

Re: Unknown

Sent via: email

Notice Type:: Dmca

Action taken:: Yes

Body

Dear [private]: I am general counsel and legal representative of Io Group, Inc. which does business under the name Titan Media. You are hereby given notice valid under the DMCA copyright infringement notification requirements, 17 U.S.C.512. I have previously faxed my signature to you and you should have it on file. I am the designated agent of the owner of the copyrights of the images and audio/visual works listed below. I believe that the images and audio/visual works listed at the times cited below are being copied and distributed in a manner that has been not authorized by the owner of the copyrights, its agent or the law. All of the infringements occur from the base url http://tominparis.blogspot.com. Some are links to locations on blogspot where the user has posted infringing images. Others are hot links to other location containing pirated versions of Io Group, Inc.'s copyrighted works. Please remove all images and links immediately. Page: http://tominparis.blogspot.com/2007/02/mich43l-vinc3nzo-in-heat.html Links to Infringing Images or Files: http://bp1.blogger.com/_i4SCkqE_8BU/RddqtuXCTLI/AAAAAAAAAcA/VMJfIRFQW3U/s200/00-08-04.jpg http://rapidshare.com/files/9605078/HeatSc4.avi Page: http://tominparis.blogspot.com/2007/01/best-porn-ever.html Links to Infringing Images or Files: http://bp3.blogger.com/_i4SCkqE_8BU/Rb3vW-HNp-I/AAAAAAAAAWk/HlVWnfjD8Qk/s320/3ep.jpg http://www.gigasize.com/get.php/302359/3EP.zip Page: http://tominparis.blogspot.com/2007/02/pleasing.html Links to Infringing Images or Files: http://bp0.blogger.com/_i4SCkqE_8BU/RcyyUOXCTHI/AAAAAAAAAZg/icaRAqp2Yvc/s200/G2P30du.jpg http://www.sexuploader.com/?d=N7HR72WD On behalf of Io Group Inc., I demand that upon receipt of this notification of claimed infringement you expeditiously remove, or disable access to, the above claimed infringing material or links and any other Titan Media property. I certify under penalty of perjury that I have a good faith belief that the information contained in this notification is accurate to the best of my knowledge and that I am authorized to act on behalf of the owner of the aforementioned copyright protected materials. Please advise me when the offending images have been removed so that we may re-inspect the site for compliance. Sincerely, /s/ [private] [private] General Counsel, Titan Media

Related FAQs

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.

Where do I send a DMCA counter-notification?

If you believe your material was wrongly removed in response to a DMCA notification, and you choose to counter-notify to demand replacement, you should send your counter-notification to the DMCA Agent of the site that removed your page. If the agent isn't listed on the site, you can find a list of DMCA registered agents at the Copyright Office website.

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 are the safe harbor provisions applied to educational institutions?

The safe harbor provisions make a special exception to educational institutions that qualify as service providers under section 512. [512(e)] While a corporation is responsible for the activities of its employees, faculty members or graduate student employees who are performing teaching or research functions are not considered a part of the institution itself for certain infringing activities so as to maintain the academic freedom of these institutions. [512(e)(1)]

The institution can therefore avoid liability for infringement even if the infringing individuals knew they were infringing, provided that:

the infringing activities did not involve the provision of access to materials required for a course within the previous three years [512(e)(1)(A)]
the institution has not received more than two notifications of alleged infringement by the faculty member or graduate student in the preceding three year period [512(e)(1)(B)]
the institution provides all users of its network or system with informational materials that describe and promote compliance with copyright law [512(e)(1)(C)]

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]

What is penalty of perjury?

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful. The rules for perjury apply when a person has made a statement under penalty of perjury, even if the person has not been sworn or affirmed as a witness before an appropriate official.

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

[not yet answered]

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

[not yet answered]

What are the counter-notice and put-back procedures?

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not on infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

A proper counter-notice must contain the following information:

The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
Identification of the material and its location before removal [512(g)(3)(B)]
A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

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.

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 criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

Do search engines have to notify sites they index?

[not yet answered]

What is a patent?

A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.

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

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Titan Media complains of blogged links

recipient

Google, Inc. [Blogger]

Re: Unknown

Body

Copyright claim #1