Copyright Violation Example

    Posted in : Uncategorized:
  • On : Dec 20, 2006

Hello,

We have received a formal DMCA (Digital Millennium Copyright Act) notice
regarding allegedly infringing content hosted on your site. The specific
items in question are as follows:

http://bakkouz.net/2006/12/16/photoshop-cs3-beta-availabe-for-download/

The party making the complaint (John R. Wolfe, Manager of Investigations,
Business Software Alliance), claims under penalty of perjury to be or
represent the copyright owner of these works. Pursuant to 17 U.S.C. §
512(c), we have removed access to the files in question.

http://www.loc.gov/copyright/title17/92chap5.html#512

Note: Due to the structure of your site, it was not possible to
selectively remove only the specified content. As such, we have disabled
the ‘bakkouz.net’ domain until you can remove the content in question.
Once you have done so, feel free to re-enable the domain.

If you believe that these works belong to you and that the copyright
ownership claims of this party are false, you may file a DMCA
counter-notification in the form described by the DMCA, asking that the
content in question be reinstated. Unless we receive notice from the
complaining party that a lawsuit has been filed to restrain you from
posting the content, we will reinstate the content in question within
10-14 days after receiving your counter-notification (which will also be
forwarded on to the party making the complaint). This response can be
sent directly to me at jeff@dreamhost.com.

In the meantime, we ask that you do not replace the content in question,
or in any other way distribute it in conjunction with our services.
Please also be advised that copyright violation is strictly against our
Terms and Conditions, and such offenses risk resulting in immediate
disablement of your account should you not cooperate (not to mention the
legal risk to you if they are true).

http://www.dreamhost.com/tos.html

We also ask that if you are indeed infringing upon the copyright
associated with these works that you delete them from your account
immediately, and let us know once this has been done. We also ask that
you delete any other infringing works not listed in this takedown
notification, if they exist.

If you have any questions, please don’t hesitate to let me know.

Jeff,