Digital Millennium Copyright Act

Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). The text of the DMCA can be found at the U.S. Copyright Office Web Site. If we remove or disable access to comply with the DMCA, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who may make it available to the public.

 

INFRINGEMENT NOTIFICATION

To be effective, a notification of claimed infringement must be a written communication provided to our designated agent that includes substantially the following:

  1.   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2.   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3.   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4.   Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5.   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.
  6.   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.

 

DO NOT MAKE UNFOUNDED CLAIMS OF INFRINGEMENT

You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that your copyrights are being infringed. For example, in the case OPG vs. Diebold (http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold), a company that made unfounded claims of infringement agreed to pay over $100,000 in damages after it was ordered to pay such costs and attorneys fees.
 

COUNTER NOTIFICATION

Pursuant to the DMCA, the administrator of an affected site may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we will reinstate the material in question, consistent with the DMCA. A sample counter notification may be found at https://www.cs.cmu.edu/~dst/Terrorism/form-letter.html.
 
A counter notification must be a written communication provided to our designated agent that includes substantially the following:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, Santa Clara County, California, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person.

 

DO NOT MAKE UNFOUNDED COUNTER-NOTIFICATIONS

You will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent you are not infringing the copyrights of others.
 

DESIGNATED AGENT

Richard Haney

X One, INC.

741 Kalthoff Common

Livermore, CA 94550
Telephone: 925-456-4201
OR FAX TO:
ATTN: DMCA Complaints
925-606-0358
Or you may use our contact us page.