[LINK] takedown provisions

[Kim Holburn]

On 2010/Feb/14, at 1:03 PM, Steven Clark wrote:

>>
>> I thought that under the US DMCA that's all they need and given those
>> things under the DMCA they are constrained to take it down.
>> <http://www.dmca-info.com/sending-a-dmca-takedown-notice.html>
>>
>>
>> The alleged infringer has the right to file a counter notification.
>>
>
> But in the meantime, they're offline ...

Yup:
http://www.dmca-info.com/sending-a-dmca-counter-notification.html

>  While copyright infringement is a growing problem, and the Digital  
> Millennium Copyright Act serves to combat it, also rampant is the  
> abuse of the DMCA and countless false DMCA takedown notices are sent  
> everyday. This may be done knowingly, by a competitor, to interfere  
> with competitors. Alternatively, it could be an honest mistake by an  
> overzealous copyright holder. In both cases, such false takedown  
> notices are a problem, and an annoyance, to honest webmasters, and,  
> as such, provisions are made under the DMCA for counter-notifications.
>
> Please note, when a takedown notice is received, you must take down  
> the alleged copyrighted work until your return your counter  
> notification. Once you have done so you can replace it until the  
> accuser pursues his, or her, case in court.
>
> When writing your counter-notification you need to state that you  
> will accept lawsuit from the parties sending the take down notice.  
> Doing so will absolve your ISP of all blame and prevent their taking  
> further action against your website. You must further specify your  
> reason for sending a counter notification. This could be because the  
> material is not copyrighted, the complainant does not hold the  
> copyright, the copyright has expired, or because your use of the  
> material in question is legally protected in some other way.  
> Separately, even if the material is in violation, if the complaining  
> party has not followed proper protocol in sending their take down  
> notice you are perfectly within your rights to send a counter  
> notification, providing you specify this clearly as the reason for  
> such a reply. If no legal action is taken within ten days any  
> modifications, or removals, made by your web host should be  
> restored. In any event, it is unlikely that the complainant will  
> take it any further seeing as they would have to take legal steps in  
> a court in your jurisdiction – likely to be a costly process for  
> them and not usually worth it, taking into consideration the  
> relevant travel and legal expenses (unless you’re dealing with some  
> major company). Be warned, however, that if they do decide to pursue  
> it, and win, you may be liable for their legal expenses as well.
>

>
> -- 
> Steven R Clark, BSc(Hons) LLB/LP(Hons) /Flinders/, MACS, Barrister and
> Solicitor
> PhD Candidate, School of Commerce, City West Campus, University of  
> South
> Australia
>
> _______________________________________________
> Link mailing list
> Link at mailman.anu.edu.au
> http://mailman.anu.edu.au/mailman/listinfo/link

-- 
Kim Holburn
IT Network & Security Consultant
T: +61 2 61402408  M: +61 404072753
mailto:kim at holburn.net  aim://kimholburn
skype://kholburn - PGP Public Key on request