DMCA (Copyright) Complaint to Google

sender

on behalf of TheEsa

[Private] , , , US Sent on February 14, 2013

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on February 14, 2013

Re: Websearch Infringement Notification via Online Form Complaint

Sent via: online form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: unknown

Description Nintendo: Pokemon White
Original URLs:
Allegedly Infringing URLs:
1. https://tpb.ipredator.se/torrent/7703873/Pokemon_White_2_(U)_[PATCHED]_[JERORO]_[RAR]
2. http://tpb.piraten.lu/torrent/7352039/Pokemon_White_Version_.nds
Copyright claim #2

Kind of Work: unknown

Description Microsoft: Halo 4
Original URLs:
Allegedly Infringing URLs:
1. https://piratereverse.info/torrent/7722350/Halo_4_REGION_FREE_XBOX360-P2P
Copyright claim #3

Kind of Work: unknown

Description Sony: DmC: Devil May Cry
Original URLs:
Allegedly Infringing URLs:
1. http://kat.ph/dmc-devil-may-cry-skidrow-t7033296.html
Copyright claim #4

Kind of Work: unknown

Description Ubisoft: From Dust
Original URLs:
Allegedly Infringing URLs:
1. https://tpb.ipredator.se/torrent/6634877/From_Dust__2011__[ENG]_[.iso]_[SKIDROW]_[FULL]
2. http://thepiratebay.se/torrent/6616249/From_Dust_MULTI5_REPACK_CRACKED_100__Works
3. http://tpb.genyaa.org/thepiratebay.se/torrent/6661853/
Copyright claim #5

Kind of Work: unknown

Description Ubisoft: Rayman Origins
Original URLs:
Allegedly Infringing URLs:
1. http://malaysiabay.org/torrent/7967787/Rayman_Origins_[MAC]_[Wineskin]
2. http://pirateproxy.net/torrent/7159390/Rayman_Origins-_[RedxUndead]
Copyright claim #6

Kind of Work: unknown

Description Take Two Interactive: Borderlands 2
Original URLs:
Allegedly Infringing URLs:
1. http://downloads.egexa.com/games/1189855-borderlands-2-v1-3-1-update-skidrow.html
Copyright claim #7

Kind of Work: unknown

Description Ubisoft: Far Cry 3
Original URLs:
Allegedly Infringing URLs:
1. https://thepiratebay.se/torrent/8138094/Far_Cry_3_Proper_DLC_Unlocker-smashly
2. http://thepiratebay.se/torrent/8138094/Far_Cry_3_Proper_DLC_Unlocker-smashly
Copyright claim #8

Kind of Work: movie

Description Capcom: Resident Evil 6
Original URLs:
Allegedly Infringing URLs:
1. http://tpb.swedendedicated.com/thepiratebay.se/torrent/7671277/Resident.Evil.6.Xbox360.JTAG.Rip-3DM
Copyright claim #9

Kind of Work: unknown

Description Ubisoft: Anno 2070
Original URLs:
Allegedly Infringing URLs:
1. http://kuiken.co/torrent/6845373/Anno.2070-RELOADED

Related FAQs

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.

Does the recipient of a take-down notice need to notify the sender what action it takes regarding the notice?

No. Nothing in the DMCA requires the reciever of a take-down notice to notify the sender of the action it takes regarding the notice. The DMCA only requires a service provider to notify the subscriber that the material has been removed or access to the material has been disabled. [17 U.S.C. 512(g)(2)(A)]

Can the subject of a photograph use the DMCA 512 takedown process?

Generally, no. Only the copyright owner or an authorized representative of the copyright owner can send a DMCA takedown notice. The copyright in a photograph belongs initially to the person who took the photo, not the person who is pictured. Unless the photo subject has gotten an assignment of copyright or permission to act on behalf of the photographer, it is improper for him or her to send a DMCA takedown notice.

Can a hyperlinker be protected by the DMCA safe-harbor?

Someone who posts hyperlinks to online material may benefit from the DMCA safe harbor in section 512(d), "information location tools." If you linked to materials without knowing they were infringing, but then receive a notice of claimed infringement, you can claim the statutory immunity if you remove the link expeditiously.

What are screenshots, and is using them copyright infringement?

Screen shots or screen dumps are still images taken from computer programs. Screen shots are often used in training materials to explain how to use a computer program. Screen shots are protected by copyright law if the original work is protected. This is due to the fact that screenshots are viewed as derivative works.

The US Copyright Act of 1976, Section 101, says:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."

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.

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

[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

Does copyright protect words or short phrases?

No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be "original works of authorship" under the Copyright Act. Names may be protected by trademark, in some instances. See the  FAQ for more information.

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.

Why does a search engine get DMCA takedown notices for materials in its search listings?

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.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbors.

For more information on Copyright and defenses to copyright infringement, see the Copyright page.

Where can I find the text of the U.S. Copyright Act?

The federal Copyright Act may be found at http://www.loc.gov/copyright/title17/.

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 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.

What is copyright protection?

Copyright vests in a creative work - including literary, musical, dramatic, choreographic, pictorial or graphic, audiovisual, or architectural works, or sound recordings, but not in ideas, at the moment the work is fixed in tangible form.

Copyright grants a variety of rights to the owner of a creative work, which means that the work (and the owner of the rights) is protected from others doing those things without the owner's permission.

"Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

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DMCA (Copyright) Complaint to Google

sender

Marketly

on behalf of TheEsa

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1

Copyright claim #2

Copyright claim #3

Copyright claim #4

Copyright claim #5

Copyright claim #6

Copyright claim #7

Copyright claim #8

Copyright claim #9