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48

There is a slight confusion here: The large company sent the DMCA notice to your host, not to you. You are not taking down anything. The host does that. If the DMCA takedown notice is following all the rules, then your host has two choices: Take down your content, or be willing to be part of a copyright court case. Assuming that the host doesn't want to go ...


30

If I understand correctly, you are asking whether a copyright holder's failure to submit a DMCA "takedown" notice in accordance with 17 U.S.C. § 512 prevents that copyright holder from enforcing their copyright. The answer is no, for multiple reasons. DMCA is an optional process First, a common misconception seems to be that the DMCA creates a mandatory ...


26

The most important fact to remember is that under DMCA safe harbor rules, you do not make a judgment of the merits of the allegation, you simply follow the rules. The second most important fact to remember is that you have to follow the rules exactly. The point of the rules is that it immunizes you from being sued either by the uploader or by the copyright ...


10

A simple EULA does not absolve you from legal responsibility. The law that you need to be acquainted with, if you are dealing with the US (i.e. might be sued in the US), is the Digital Millennium Copyright Act, in particular Title II, the Online Copyright Infringement Liability Limitation Act which states the "safe harbor" provisions. Aspects of DMCA safe ...


7

The particulars of "actual knowledge" are addressed in Viacom v. YouTube. The ruling from the appeals court states (emphasis mine): Under § 512(c)(1)(A), knowledge or awareness alone does not disqualify the service provider; rather, the provider that gains knowledge or awareness of infringing activity retains safe-harbor protection if it “acts ...


7

Under the DMCA(United States Federal Law: Digital Millennium Copyright Act) and its Safe Harbor provisions, yes, Youtube is protected from copyright claims, provided they comply when they receive a notice. But....the DMCA that gives Youtube (and its parent company Google/Alphabet) this shield is US law, but Youtube does large amounts of business in other ...


6

It's not clear to me that your website is, per se, illegal. (Though good luck finding a webhost with a hard drive large enough to store it. Harry Potter and the Philosopher's Stone is roughly 38,000 characters. If I've done my calculations correctly, storing all of the strings of this length or shorter would require something like 1053760 GB of storage. ...


5

Yes The relevant legal concepts are copyright, contract law and the Computer Fraud and Abuse Act. You are liable to be sued by the people affected for damages and/or be prosecuted by the government for the felony under either or both laws. Let's start here: "I bought a game". No, you didn't; you bought a licence to use the software in accordance with the ...


4

When you file a DMCA notice, what it really means is that you are saying: "Dear website, there is some copyright infringement going on against my works, and I'm willing to take someone to court. You have the choice of removing these materials, which means I cannot sue you, or you can leave copyright infringement on your website and you will be part of the ...


4

There is no general prohibition against taking down material, even non-infringing material, which is posted by some person, but there is a risk to the service provider. Abstracting away from the specifics of github, a Provider has some agreement with the User whereby User rightfully makes Stuff available on Provider's site. Arbitrarily removing Stuff (in ...


4

No, this is not true. Copyright can be enforced selectively. You are confusing copyright with trademark. Company can lose its trademark if they aren't protecting it. All the meanwhile they can choose to ignore some copyright infringement while enforcing their rights on others with no legal problems what-so-ever. In order to illustrate the difference: for ...


4

No Company A is liable for its own acts and omissions and no one else’s.


3

You have the right to request anything you want, but there is a very limited set of things that you can have a legal expectation of them doing. The service provider has no obligation to block a user. You can likewise request a report, and from a pirate site I would expect no response. There is no legal requirement that a pirate site block an offending user ...


3

There are two completely separate problems: (a) are you allowed to send a DMCA notice if you are not authorised? (b) Is a service provider allowed to take down a work if they receive something that looks roughly like a DMCA notice, but isn't one? As Jimsug said, a requirement for a proper DMCA notice is "17 U.S. Code § 512(c)(3)(A)(i) A physical or ...


3

DMCA is a united states law. So it has very little effect on businesses unless they are either hosted in the US or legally reachable by US law. If this seems odd, it's a bit like how the average US blogger website would react if told that a blog post insulted the King of Thailand or promoted an antisocial view by criticising Putin, and got a takedown ...


3

DMCA applies as long as the the website is being hosted inside the U.S. The location of the copyright holder is irrelevant. For step-by-step help drafting a valid DMCA notice, see Step 2 of https://nppa.org/page/5617. If the site fails to comply with a valid notice, they lose the benefit of DMCA's safe harbor provisions and become themselves liable for ...


3

Costar Group Inc. v. Loopnet, Inc., 164 F.Supp.2d 688 (D. Md., 2001) touched on this. The court distinguishes Playboy Ent. v. Russ Hardenburgh, Inc., 982 F.Supp. 503 (N.D.Oh.1997) which held that "contributory liability could attach where infringing performances enhance the attractiveness of the venue to potential customers." (internal quotes omitted) This ...


3

Copyright vests in the photographer that takes the photograph, or their employer. If the subject of a photograph does not own copyright over the photograph, then they can't bring a claim of copyright infringement against you. The DMCA safe harbors only protect you against copyright infringement claims. Further, personality rights are recognised at state ...


3

Under the DMCA, counter-notices are not often seen. They give people who are not infringing or are only engaging in fair use a way of saying "prove it or I won't stop doing it". So, typically a copyright holder will swear out an affidavit under the penalty of perjury that they are the copyright holder and that another work, a site, or a search engine is ...


3

But also consider the possibility that the Photograph Vendor is at fault here. If a photographer is commissioned by a Client (e.g. Very Large Site) to make a number of photographs for them, it is not uncommon for the contract to include an assignment of copyright to the Client. Then, if photographer overlooks this and subsequently sells licences for the ...


3

To answer part of your question, the takedown and restoration process of the DMCA is not required. It is a legal way a hosting site can stay in the clear for copyright infringement. Therefore, if the site didn't take down what you complained about, they're participating in copyright infringement (if that's what's happening). Since they did not take down ...


3

If your app is published under US law, then the DMCA would apply, just as if it was a web site. The DMCA doesn't say anything about what particular technology the distributor is using. TO be protected by by the DMCA's "safe harbor" provision, you will need to include a notice in your app that you accept takedowns, and provide an address or method ...


3

There is no fixed amount or proportion of a copyrighted text which may be quoted without infringement. Whether quoting without permission is a fair use (which is what this question asks) depends on the totality of the circumstances, including the purpose of the use, the effect of the use on the market or potential market for the original, and the nature of ...


3

You are not supposed to "explain" anything. See this site: http://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content What you have to do is to state, under penalty of perjury, that you have a good faith belief that your material was wrongly removed. That's it. Nothing more, nothing less. Google (or whoever the host is) doesn't ...


3

This will indeed mean that when a person claiming copyright ownership has filed a DMCA takedown notice, and the alleged infringer has filed a counter-notice, the claimed copyright owner will be unable to file a suit within 14 days unless the copyright was already registered, except in those cases where the author is not a US national, in which case the ...


3

If a legal action is filed, the take down order generally remains in force until a court orders otherwise. If a legal action is not filed with the required time frame, the Internet Service Provider (ISP) such as Google is no longer required to honor the take down order. See generally here and here. Also, an ISP is not required to honor even a valid takedown ...


3

It was noted in a comment that one possible implementation of such a website would be to dynamically generate the text from the ID: The website doesn't have to store anything, it can just generate the text on the fly provided the ID. A person with 1 computer programming class under their belt could make that and paste the program in this very comment. Your ...


2

I drafted this answer many days ago but did not complete it. My intention is to define red flag notice. However, I'm hitting Submit because I think it's a good question and hope this will inspire other answers. It seems like your immediate question, regarding the DCMA notices which Google is forwarding, is not a legal question. It is a question that can ...


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