Movie DMCA (Copyright) Complaint to Google

sender

on behalf of Paramount Pictures Corporation

[Private] , , , US Sent on March 12, 2012

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on March 12, 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 Transformers: Dark of the Moon (2011) Super 8 (2011) Paranormal Activity 3 2011 Hugo (2011)
Original URLs:
1. http://paramount.com
Allegedly Infringing URLs:
1. http://www.movie2k.to/
2. http://down4all.org/movies/229193-hugo-2011-720p-brrip-x264-mgb.html
3. http://filenewz.com/download/2536a86ea0149D879/Hugo-2011-720p-BrRip-enIgma/
4. http://filmy.pk/direct-download/57069-hugo-2011-dvdrip-h264-ac3-pr3dator-rg.html
5. http://forum.freshddl.org/dvd-and-other-movies-f7/mission-impossible-ghost-protocol-2011-t241165.html
6. http://forums.hotfilejungle.com/hugo-2011-brrip-720p-x264-ganool-170784/
7. http://forums.hotfilejungle.com/hugo-2011-brrip-xvid-ac3-dmt-170778/
8. http://forums.hotfilejungle.com/hugo-2011-brrip-xvid-bbnrg-170262/
9. http://freeagemovies.com/watch-hugo-movie-2011-stream-online-free
10. http://freeagemovies.com/watch-paranormal-activity-3-movie-2011-streaming-online-free
11. http://indiancinezone.com/index.php?/topic/33905-hugo-2011-bluray-720p-dts-x264-chd/
12. http://indiancinezone.com/index.php?/topic/35007-hugo-2011-brrip-720p-x264-ganool/
13. http://indiancinezone.com/index.php?/topic/35019-hugo-2011-brrip-xvid-ac3-dmt/
14. http://indiancinezone.com/index.php?/topic/35024-hugo-2011-720p-brrip-xvid-ac3-trinity/
15. http://indiancinezone.com/index.php?/topic/35030-hugo-2011-800mb-720p-bluray-rip-x264-aac-esubs-didee/
16. http://movie25.com/movies/mission-impossible-ghost-protocol-2011.html
17. http://moviedesi.com/getda.asp?s=1&q=/movies/611357-hugo-2011-720p-brrip-x264-mgb.html
18. http://now4share.com/hugo-2011-720p-brrip-x264-mgb.html
19. http://pastebin.com/5B5BTXkx
20. http://thathustle.com/forums/f20/hugo-2011-brrip-xvid-ac3-dmt-9640847.html
21. http://thathustle.com/forums/f20/hugo-2011-brrip-xvid-ac3-playxd-9627694.html
22. http://thathustle.com/forums/f20/hugo-2011-brrip-xvid-bbnrg-9643036.html
23. http://theonlydevice4u.blogspot.com/2011/10/watch-paranormal-activity-3-online-for.html
24. http://warezforyou.com/movies/hugo_2011_720p_brrip_x264_mgb_tid-4f5baa43560ffc604e00002c
25. http://watchparanormalactivity3online.webs.com/
26. http://watchtransformersdarkofthemoonmovieonline.wordpress.com/
27. http://www.boerse.bz/boerse/videoboerse/filme/1043361-hugo-2011-english-brrip-ac3-5-1-xvid-sic.html
28. http://www.bollybb.com/286630/english-movies/mission-impossible-ghost-protocol-2011-a
29. http://www.coolhd.org/1080p-720p-movies/334448-hugo-2011-bluray-720p-dts-x264-chd.html
30. http://www.coolhd.org/1080p-720p-movies/334490-hugo-2011-brrip-720p-h264-aac-release-lounge.html
31. http://www.coolhd.org/1080p-720p-movies/334551-hugo-2011-dvdrip-h264-ac3-pr3dator-rg.html
32. http://www.downeu.net/video/927588-hugo-2011-720p-brrip-x264-mgb.html
33. http://www.downturk.net/1216222-hugo-2011-720p-brrip-x264-mgb.html
34. http://www.duckload.us/forum/showthread.php?t=503456&p=545991
35. http://www.duckload.us/forum/showthread.php?t=503470&p=546005&viewfull=1
36. http://www.duckload.us/forum/showthread.php?t=503473&p=546008
37. http://www.duckload.us/forum/showthread.php?t=503492&goto=newpost
38. http://www.duckload.us/forum/showthread.php?t=503605&p=546145
39. http://www.duckload.us/forum/showthread.php?t=503661&p=546204
40. http://www.duckload.us/forum/showthread.php?t=504133&p=546703
41. http://www.duckload.us/forum/showthread.php?t=504434&p=547026
42. http://www.filesonicsearch.com/download/1vJm9cV6yrefMvF4j5oVbW/Hugo-2011-BRRip-720p-H264-AAC-ReleaseLounge.html
43. http://www.filesonicsearch.com/download/48i3UFFB1muqRXMVEVWQXj/Hg-3D-2011-1080-HSBS-B-x264-AC3-HDChina-rar-002.html
44. http://www.filestube.com/bbns8S7XRNWpzvMOxK9dnD/Mission-Impossible-4-CAM-[Musicandmoviesworld-com]-mkv-001.html
45. http://www.filestube.com/f8VpnAmbPpD37bx9oM5Fhz/HUGO-PR3DATOR.html
46. http://www.funnyacid.com/2011/10/watch-paranormal-activity-3-online.html
47. http://www.funnyacid.com/2011/11/watch-hugo-movie-online.html
48. http://www.heroturkos.org/movies/116196-hugo-2011-720p-brrip-enigma.html
49. http://www.jordansat4u.com/t123927.html
50. http://www.jordansat4u.com/t123955.html
51. http://www.latestdownload.org/movies/193503-hugo-2011-720p-brrip-enigma.html
52. http://www.letmewatchthis.pro/movies/view/super-8
53. http://www.mechodownload.com/forum/blu-ray-hdrip-bdrip-movies/1396000-hugo-2011-brrip.html
54. http://www.mediahunt.org/forum/showthread.php?t=2358134
55. http://www.mediahunt.org/forum/showthread.php?t=2360245
56. http://www.mediahunt.org/forum/showthread.php?t=2360258
57. http://www.mediahunt.org/forum/showthread.php?t=2364121
58. http://www.mediahunt.org/forum/showthread.php?t=2364148
59. http://www.mediahunt.org/forum/showthread.php?t=2364161
60. http://www.mediahunt.org/forum/showthread.php?t=2364212
61. http://www.movie2k.to/Transformers-Dark-of-the-Moon-watch-movie-1229068.html
62. http://www.moviesbunch.com/download-Mission-Impossible-4-Ghost-Protocol-movie
63. http://www.redown.com/722880-hugo-2011-720p-brrip-x264-mgb.html
64. http://www.timestarmovies.com/watch-paranormal-activity-3-movie-online
65. http://www.tubeplus.me/player/1726865/Paranormal_Activity_3/
66. http://www.uyirvani.com/forums/index.php/topic/172551-hugo-2011-brrip-720p-h264-aac-release-lounge/
67. http://www.vidics.eu/watch/58666/Paranormal-Activity-3-2011.html
68. http://www.vidics.eu/watch/64048/Mission--Impossible---Ghost-Protocol-2011.html
69. http://www.warez-home.net/hollywood-scene/148576-hugo-2011-brrip.html
70. http://www.watchmissionimpossibleghostprotocolonline.net/
71. http://www.youngistan.pk/english-movies/29763-hugo-2011-brrip-720p-x264-ganool.html
72. http://www.youngistan.pk/english-movies/29767-hugo-2011-brrip-xvid-ac3-playxd.html
73. http://www.youngistan.pk/english-movies/29801-hugo-2011-800mb-720p-bluray-rip-x264-aac-esubs-didee.html

Related FAQs

Does the DMCA require service providers to filter or monitor user postings to their sites?

No. The DMCA safe harbor protections apply to a service provider who responds expeditiously to notices of claimed infringement. Nothing in the statute imposes affirmative obligations to watch for or block potential future infringements.

What is the World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose of encouraging creative activity and promoting the protection of intellectual property throughout the world.

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

Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)m a safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users." This 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 its users post, 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

Does a DMCA takedown mean the material taken down was infringing?

No. ISPs can take down material according to the DMCA anytime they receive a compliant notice alleging copyright infringement

The ISP does not have to investigate to determine whether the material was truly infringing before taking it down. The fact that someone has claimed infringement does not prove that infringement occurred -- there might be a fair use defense, or the claim might have been false or frivolous.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions of the DMCA 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)]

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.

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 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.

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

[not yet answered]

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

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 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

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 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)].

Does a service provider have to follow the safe harbor procedures?

No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

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