Comments on: AntiPolygraph.org Receives (and Rejects) a Copyright Takedown Request

By: Chris Sandberg

Chris Sandberg — Tue, 24 Mar 2009 17:26:34 +0000

Leaving aside the question of whether the communication from Pearson is a valid DMCA take-down notice (it appears to lack both 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, and 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), the proper process is for the ISP to take down and promptly give notice to the poster. If the poster provides an adequate counter-notice (it must contain the person/entity’s contact information, an identification of the removed materials, a statement under penalty of perjury that the poster has a good faith belief the material was mistakenly taken down,
a statement consenting to the jurisdiction of the poster’s local US Federal District Court, and a signature – the response quoted above seems inadequate) the ISP must promptly pass the counter-notice on to the person/entity who filed the original take down notice and inform them that the material will be replaced or access to it restored in 10 business days. The ISP then waits at least 10 and no more than 14 business days. Unless the ISP gets notification that formal legal action has been started against the poster, the disputed material must go back up.

DISCLAIMER: I am an attorney, and this message is intended SOLELY as general discussion of the topic and NOT as actual legal advice. In other words, I am trying to be helpful but NOT CREATE an attorney-client relationship by this posting. Hope this is useful.

– Chris Sandberg (cksandberg@locklaw.com)

By: SY

SY — Tue, 24 Mar 2009 16:30:11 +0000

The Chilling Effects Clearinghouse at http://chillingeffects.org has excellent resources for handling cease & desist notices.

By: Matilda

Matilda — Tue, 24 Mar 2009 12:56:03 +0000

Hmmm…What are they going to do about Google’s cache?
http://209.85.229.132/search?q=cache:yqGq0HqljfcJ:https://antipolygraph.org/cgi-bin/forums/YaBB.pl%3Fnum%3D1109032158+https://antipolygraph.org/cgi-bin/forums/YaBB.pl%3Fnum%3D1109032158&cd=1&hl=en&ct=clnk&gl=us

By: thomas

thomas — Tue, 24 Mar 2009 12:46:27 +0000

Bullies! It is freely available from several torrent sites.

> Screen shots of the pages are attached blah blah blah

I would add the screen shots they sent to this post if I were you.

By: Rob

Rob — Tue, 24 Mar 2009 09:04:43 +0000

I thought you couldn’t file a second takedown notice after a counter-notice had been received from the first ???

By: cat

cat — Tue, 24 Mar 2009 04:53:35 +0000

if the questions were just changed to statements about our former president they couldn’t say shit. The satire on a public person is pretty well immune form copyright and liable. If you’d picked the more obviously pointed toward IQ now that would have been funny.