Comments on: Anshe Chung’s penile assault http://www.p2pnet.net/story/10942 p2pnet.net - reader powered Wed, 01 Feb 2012 15:11:09 -0300 http://wordpress.org/?v=2.8.4 hourly 1 By: Reader's Write http://www.p2pnet.net/story/10942/comment-page-1#comment-132014 Reader's Write Tue, 09 Jan 2007 12:39:27 +0000 #comment-132014 Remember that DMCA takedown is only part of the equation. For example, let's assume Cranky Copyright Claimant (CCC) has sent a DMCA takedown notice to your United States Internet service provider (ISP). Your ISP then removes your content, and notifies you of the removal. You now have the right to give your ISP a DMCA putback notice. The essence of the putback notice is "put up or shut up." Once putback notice has been given, CCC must either file a federal lawsuit against you, or give up the infringement claim. If no lawsuit is filed within 10-14 business days, the ISP must restore the content. ===== DMCA putback notice walkthrough: 1) Determine your ISP's DMCA notification agent. Your ISP should have already supplied this information. Just in case, the Copyright Office has all registered notification agents available at the following link: http://www.copyright.gov/onlinesp/list/index.html 2) Prepare your putback notice in accordance with 17 USC 512(g)(3). An attorney is best suited to assist you with this. If legal counsel is not available, the Chilling Effects Clearinghouse has a web tool to generate a PDF notice at the following link. http://www.chillingeffects.org/dmca/counter512.pdf 3) Sign, or electronically sign, your putback notice. Submit it to the ISP's DMCA notification agent. I'd use snail mail, myself, but how you send it is up to you. Your ISP will send a copy to CCC, so you don't have to. ===== Important putback notice caveat: For your DMCA putback notice to be effective, you must submit to the jurisdiction of the United States federal court district you reside in. If you reside outside the United States, you must submit to the jurisdiction of the United States federal court district your ISP resides in. Because of this, if you are otherwise free of United States jurisdiction, this can make it easier for CCC to sue you. ===== The DMCA has a further option for you (and your ISP) to set things right. 17 USC 512(f) entitles you (and your ISP) to sue CCC; if it is proven that CCC knowingly lied about whether your content is infringing, both you and your ISP can recover all costs incurred by CCC's false DMCA notice. You, or your ISP, may file or threaten a lawsuit over a false DMCA notice, even if CCC does not sue you. Due to the cost of federal lawsuits, however, you might want to file it only as a counterclaim, in case CCC does sue you. Remember that DMCA takedown is only part of the equation.

For example, let’s assume Cranky Copyright Claimant (CCC) has sent a DMCA takedown notice to your United States Internet service provider (ISP). Your ISP then removes your content, and notifies you of the removal.

You now have the right to give your ISP a DMCA putback notice. The essence of the putback notice is “put up or shut up.” Once putback notice has been given, CCC must either file a federal lawsuit against you, or give up the infringement claim. If no lawsuit is filed within 10-14 business days, the ISP must restore the content.

=====

DMCA putback notice walkthrough:

1) Determine your ISP’s DMCA notification agent. Your ISP should have already supplied this information. Just in case, the Copyright Office has all registered notification agents available at the following link:
http://www.copyright.gov/onlinesp/list/index.html

2) Prepare your putback notice in accordance with 17 USC 512(g)(3). An attorney is best suited to assist you with this. If legal counsel is not available, the Chilling Effects Clearinghouse has a web tool to generate a PDF notice at the following link.
http://www.chillingeffects.org/dmca/counter512.pdf

3) Sign, or electronically sign, your putback notice. Submit it to the ISP’s DMCA notification agent. I’d use snail mail, myself, but how you send it is up to you. Your ISP will send a copy to CCC, so you don’t have to.

=====

Important putback notice caveat: For your DMCA putback notice to be effective, you must submit to the jurisdiction of the United States federal court district you reside in. If you reside outside the United States, you must submit to the jurisdiction of the United States federal court district your ISP resides in. Because of this, if you are otherwise free of United States jurisdiction, this can make it easier for CCC to sue you.

=====

The DMCA has a further option for you (and your ISP) to set things right. 17 USC 512(f) entitles you (and your ISP) to sue CCC; if it is proven that CCC knowingly lied about whether your content is infringing, both you and your ISP can recover all costs incurred by CCC’s false DMCA notice.

You, or your ISP, may file or threaten a lawsuit over a false DMCA notice, even if CCC does not sue you. Due to the cost of federal lawsuits, however, you might want to file it only as a counterclaim, in case CCC does sue you.

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