A DMCA Counterclaim or Counter Notice is submitted in response to a valid DMCA Takedown by the accused infringing website owner (ISP subscriber client). It is submitted to the service provider (OSP/ISP) after the DMCA Takedown has been submitted and after the content has been removed. The following elements must be included in your copyright infringement claim: Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed. Provide sufficient contact information so that we may contact you. You must also include a valid email address.
GPL Coffee is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act (DMCA). It is our policy to respond to any infringement notices and take appropriate actions under DMCA and other applicable intellectual property laws. If your copyrighted material has been posted on gpl.coffee or links to your copyrighted material are returned through our search engine and you want this material to be removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys’ fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.
The following elements must be included in your copyright infringement claim:
Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provide sufficient contact information so that we may contact you. You must also include a valid email address.
You must identify in sufficient detail the copyrighted work claimed to have been infringed and including at least one search term under which the material appears in gpl.coffee search results.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Dmca Claim
Please allow 1-3 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due the complaint not properly being filed. Quicken 2016 3 4 1 download free.
If your hosting service or other online service providerreceives a DMCA takedown notice regarding your content, it ordinarilywill respond by removing the complained-of material, and it will dothis automatically without making any judgment about whether yourcontent actually is infringing. However, the DMCA notice-and-takedown procedures provide you with protection from a wrongful claim of copyright infringement.The DMCA requires your service provider to notify you promptly when itremoves any of your content because of a takedown notice, and you havethe right to submit a counter-notice asking that the materialbe put back up. There is no specific time limit for submitting acounter-notice, but you should not delay unreasonably in doing so. Ifyou send a counter-notice, your online service provider is required toreplace the disputed content unless the complaining party sues youwithin fourteen business days of your sending the counter-notice. (Yourservice provider may replace the disputed material after ten business days if the complaining party has not filed a lawsuit, but it is required to replace it within fourteen business days.)
Before you send a counter-notice, you should consider carefullywhether you are in fact infringing the complaining party's copyright.There are two reasons for you to consider this carefully. First, thecounter-notice requires you to state, under penalty of perjury,that you have a good faith belief that your material was wronglyremoved. You do not want to make this claim lightly because it mightcome back to haunt you. Second, if the complaining party has a goodinfringement claim, sending a counter-notice may trigger a lawsuit. Ifyou are not prepared to stand up for your use of the copyright owner'swork in a lawsuit, you should think twice about firing back acounter-notice. That said, copyright owners sometimes send bogustakedown notices that have no basis in law or fact, which are meantsolely to intimidate the target. A prompt counter-notice can make theseempty threats go away for good.
Some common bases for sending a counter-notice are that thecomplaining party does not own copyright in the work in question --either because it is not covered by copyrightor because someone else owns the copyright to it -- and that your useof the copyrighted work is a fair use. You should be extra careful whenrelying on a claim of fair useto justify sending a counter-notice. Determining whether something is afair use often requires a complex, fact-specific analysis, and evenlawyers have difficulty predicting what a court will say about fair useahead of time. If you believe fair use might protect you, you shouldexamine the four fair use factors carefully and consider contacting an intellectual property attorney.
To work effectively, your counter-notice must contain the following items: Brackets linux.
your physical or electronic signature;
your name, address, and phone number;
identification of the material and its location before it was removed;
a statement under penalty of perjury that the material was removed by mistake or misidentification;
your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
your consent to accept service of process from the party who submitted the takedown notice.
False Dmca Claims Facebook
17 U.S.C. § 512(g)(3). Chilling Effects has a great counter-notification generator to help you draft a valid counter-notice.
If you are not a U.S. resident, you must consent to thejurisdiction of a U.S. court in your counter-notice. If you never cometo the United States and have no assets there, then this may not be asignificant concession because a plaintiff would not be able to enforcea judgment against you in the U.S. Nevertheless, a plaintiff might beable to convince a court in your country to enforce a foreign (U.S.)judgment, and this proceeding might not give you the opportunity tomake out your case. In any event, sending a counter-notice makesnon-U.S. residents give up a powerful argument they would otherwisehave -- namely, that a U.S. court does not have the authority to rendera judgment against them. For these reasons, non-U.S. residents may notwant to send a counter-notice unless they are willing to fight acopyright infringement claim in the U.S.
Section 512(f) of the DMCA creates liability for knowingly making false claims in a DMCA takedown notice or counter-notice. See 17 U.S.C. § 512(f).So, if you claim in a counter-notice that your content does notinfringe the complaining party's copyrighted work while knowing this tobe false, then the copyright owner can win damages from you, includingcourt costs and attorneys' fees stemming from your wrongfulcounter-notice. Note, however, that this provision also works against aperson or company sending a wrongful takedown notice. If someone claimsin a takedown notice that you are infringing their copyrighted materialwhile knowing this to be false, then you can win damages from them in alawsuit. In recent years, the targets of wrongful takedowns have foughtback and won damages and favorable settlements from individuals andcompanies sending bogus takedown notices. For instance, in Online Policy Group v. Diebold,Inc., 337 F. Supp. 2d 1195 (N.D. Cal. 2004), two students and their ISPsued voting machine manufacturer Diebold after it tried to use DMCAtakedown notices to disable access to Internet postings of thecompany's leaked internal email archive. The court granted summaryjudgment to the students and ISP on their claim, finding that portionsof the email archive were so clearly subject to the fair use defensethat '[n]o reasonable copyright holder could have believed that [they]were protected by copyright.' According to the EFF, Diebold subsequently agreed to pay $125,000 in damages and fees to settle the lawsuit. For another example, see Crook v. 10 Zen Monkeysin our legal threats database. Someone who has sent a baseless takedownnotice about your content may be more inclined to back off if youremind him or her about section 512(f) of the DMCA, in addition tosending a counter-notice.
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