Quote:
Originally Posted by T Pat
What the hell does that mean  |
Pat: It means that your letter was more of a friendly note than a formal DMCA notice which would force them to act.
Under the DMCA, anyone who may be benefiting from copyright infringement is liable, from the initial infringer, to his host, to his billing company etc etc. Since those further up the chain usually have deeper pockets, they are very vulnerable unwitting accomplices.
The DMCA offers what is called a Safe Harbor Provision. It offers anyone who has been identified as an infringer (active or contribuatory) the chance to get out of the line of fire by acting within 24 hours. If the hosting company, or billing company etc ends their part of the infringement (usually by withdrawing services) within that period, they become immune from prosecution, and potentially HUGE penalties. It's a system that seems to work, though there is currently no reasonable way to protect someone from fraudulent claims beyond the fear of a perjury charge.
In order to file a proper DMCA claim, you need the following:
1. Your electronic or physical signature.
2. A description of the copyrighted work and where the original work is located.
3. A description of where the infringement is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of the work is not authorized by the copyright owner, agent, or the law.
6. A statement by you, that under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Once you have done this, and sent it to the infringer's host/biller etc, they really have no choice but to withdraw the infringer's services within 24 hours. They want to remove themselves from the situation to avoid culpability.
Finally- DMCA notices are not something to play with. You can really destroy someone's livlihood with this, and in some cases the infringer really is just plain dumb. Give them the chance to remove the material by sending a friendly, but serious note. If they don't respond, then perhaps a cease & desist before going the DMCA route.