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Legal/Infringement Notices: Difference between revisions
Legal/Infringement Notices (view source)
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Hello,<br> <br>Here's the full statement:<br> <br>"I believe in good faith that the use of the material that I claim infringes on my copyright is not authorized by law. All of the information contained in my DMCA Notice is accurate, and under penalty of perjury, that I am the owner of the exclusive copyright right that is being infringed."<br> <br>Thank you,<br>Miranda | |||
<br>______________________________________ | |||
Miranda Adria @ http://www.mirandaadria.com | |||
<br>> Date: Wed, 31 Mar 2010 16:39:39 -0700<br>> From: ecompton@mozilla.com<br>> To: neugotisch@hotmail.com<br>> Subject: Re: Copyright Violation<br>><br>> Dear Ms. Barredo,<br>><br>> Thank you for your email. Before we can take any action on your request, we need to receive a notice that complies with the requirements of the DMCA. You can find those requirements by scrolling down to the Digital Millennium Copyright Act Notice section on this page: http://www.mozilla.com/en-US/about/legal.html. In particular, you must include a statement (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf of an owner of, the exclusive copyright right that is being infringed.<br>><br>> Once we receive a DMCA compliant notice we will take down the reported Persona and forward your notice to the person who posted it.<br>><br>> Sincerely,<br>><br>> Liz Compton<br>> Mozilla<br>><br>> ----- Original Message -----<br>> From: "Miranda Adria" <neugotisch@hotmail.com><br>> To: dmcanotice@mozilla.com<br>> Sent: Wednesday, March 31, 2010 4:01:34 PM<br>> Subject: Copyright Violation<br>><br>> Hello,<br>><br>> My name is Cristina Barredo d/b/a Miranda Adria. I am writing to report the theft of one of my images, which was used to create a Mozilla Persona without my permission.<br>><br>> My hand-written and scanned signature is attached as an image to this email.<br>><br>> Here is the work that was stolen from me: http://bitchinblack.deviantart.com/art/BLACK-MAGIC-WOMAN-73954652<br>> Here is the link where the infringing upload is located: http://www.getpersonas.com/en-US/persona/86358<br>><br>> My full information is as follows:<br>><br>> Cristina Maria Barredo<br>> [street address removed]<br>> Jupiter, FL 33458<br>><br>> Cell: [phone number removed]<br>> Email: neugotisch@hotmail.com<br>><br>> I, in good faith as the owner of copyright to this particular image, did not allow this person to alter my work and create a Mozilla Persona with it. Therefore, this Persona infringes on my copyright.<br>><br>> Please remove it ASAP<br>><br>> Thank you,<br>> Miranda<br>><br>> ______________________________________<br>><br>> Miranda Adria @ http://www.mirandaadria.com <br> | |||
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I'm writing you to inform you that this persona http://www.getpersonas.com/en-US/persona/5473 is based on an image of mine that can be found on my deviantart account http://donia.deviantart.com/art/Kyoko-Wallpaper-8910489 and that I've published on July 2004.<br>Since the author didn't ask me for permission and my name has been cut out of the image I'm asking you to remove it as soon as possibile. | |||
I believe in good faith that the use of the material that infringes my copyright is not authorized by law, or by me; and all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I'm the owner of the exclusive copyright right that is being infringed.. | |||
<br>Thank you<br>Donia Al khatib | |||
[street address removed]<br>00176 - Roma<br>Italy<br>[phone number removed]<br><br> | |||
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To Whom It May Concern, | |||
I, Elizabeth Rupp, certify under penalty of perjury, that I am the owner of certain intellectual property rights. | |||
The items or materials listed below are not authorized for use at the domain of ([infringing website domain here]) and therefore infringes my rights as copyright owner. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing. | |||
Infringing material that I demand be disabled or removed in consideration of the above: | |||
Thank you. | http://www.getpersonas.com/en-US/persona/84813 | ||
Location of ORIGINAL WORKS: | |||
http://wildspiritwolf.deviantart.com/art/Veterinary-Shield-Wolf-Tattoo-100475379 | |||
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future. | |||
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately. | |||
I am providing this notice in good faith and with the reasonable belief that the rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved. | |||
Should you wish to discuss this with me please contact me directly. | |||
Thank you. | |||
Elizabeth Rupp<br>[street address removed]<br>Aurora, IL 60505
<br>[phone number removed]
<br>Simbacub32@aol.com<br> | Elizabeth Rupp<br>[street address removed]<br>Aurora, IL 60505
<br>[phone number removed]
<br>Simbacub32@aol.com<br> | ||
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<br>ROMA VERONA LONDON<br>Via Agnello, 12<br>20121 Milano<br>Via Bissolati,76 Via di Monserrato,25<br>00187 Roma 00186 Roma<br>Stradone Porta Palio, 76<br>37122 Verona<br>BRUXELLES<br>Rue de Spa, 30<br>1000 Bruxelles<br>St Michael's House<br>I George Yard, Lombard Street<br>tel. +39 02 72551 I EC3V 9DF London<br>fax +39 02 72551501<br>tel. +39 06 6784977 tel. +3906 6810071<br>fax + 39 06 6790966 fax + 390668805488<br>tel. + 39 045 8097000<br>fax +39 045 80970 I 0<br>tel. + 32 (0) 2 2854685<br>fax +32 (0) 2 2854690 tel. +44 (0) 2073759900<br>fax +44 (0) 2079296468<br>Lo studio opera nel Regno Unito come ,NCTM LLP e in Belgio come NCTM Association d'avocats. L'elenco soci e disponibile pl-esso: www.nctm.it<br>******************************************<br> | <br>ROMA VERONA LONDON<br>Via Agnello, 12<br>20121 Milano<br>Via Bissolati,76 Via di Monserrato,25<br>00187 Roma 00186 Roma<br>Stradone Porta Palio, 76<br>37122 Verona<br>BRUXELLES<br>Rue de Spa, 30<br>1000 Bruxelles<br>St Michael's House<br>I George Yard, Lombard Street<br>tel. +39 02 72551 I EC3V 9DF London<br>fax +39 02 72551501<br>tel. +39 06 6784977 tel. +3906 6810071<br>fax + 39 06 6790966 fax + 390668805488<br>tel. + 39 045 8097000<br>fax +39 045 80970 I 0<br>tel. + 32 (0) 2 2854685<br>fax +32 (0) 2 2854690 tel. +44 (0) 2073759900<br>fax +44 (0) 2079296468<br>Lo studio opera nel Regno Unito come ,NCTM LLP e in Belgio come NCTM Association d'avocats. L'elenco soci e disponibile pl-esso: www.nctm.it<br>******************************************<br> | ||
WINSTON & STRAWN LLP<br><br>ANDREW P. BRIDGES<br>(415) 591-1482<br>abridges@winston,com<br>101 CALIFORNIA STREET<br>SAN FRANCISCO, CALIFORNIA 94111-5894<br>(415) 591-1000<br>FACSIMILE (415) 591-1400<br>www.winston.com<br><br> | WINSTON & STRAWN LLP<br><br>ANDREW P. BRIDGES<br>(415) 591-1482<br>abridges@winston,com<br>101 CALIFORNIA STREET<br>SAN FRANCISCO, CALIFORNIA 94111-5894<br>(415) 591-1000<br>FACSIMILE (415) 591-1400<br>www.winston.com<br><br> | ||
March 24,2010<br><br> | March 24,2010<br><br> | ||
VIA E-MAIL: gianluca.massimei@nctm.it<br><br> | VIA E-MAIL: gianluca.massimei@nctm.it<br><br> | ||
Mr. Gianluca Massimei<br>NCTM Studio Legale Associato<br>Via Bissolati, n, 76<br>00187 Rome<br>Italy<br><br> | Mr. Gianluca Massimei<br>NCTM Studio Legale Associato<br>Via Bissolati, n, 76<br>00187 Rome<br>Italy<br><br> | ||
Re: Mozilla CorporationlIP: Your letter for Ferrari S.p.A<br><br> | Re: Mozilla CorporationlIP: Your letter for Ferrari S.p.A<br><br> | ||
Dear Mr. Massimei:<br><br>I represent Mozilla Corporation, which has asked me to respond to your letter of<br>18th March, which you directed to Mozilla's address for Digital Millennium Copyright Act<br>notifications.<br><br> | Dear Mr. Massimei:<br><br>I represent Mozilla Corporation, which has asked me to respond to your letter of<br>18th March, which you directed to Mozilla's address for Digital Millennium Copyright Act<br>notifications.<br><br> | ||
The personas and add-ons that your letter refers to are the products ofMozilla<br>users, not Mozilla. Mozilla hosts user-generated material that it does not create, as do many<br>companies with an online presence. Mozilla does not charge for the user-generated content and<br>makes no money from it.<br><br> | The personas and add-ons that your letter refers to are the products ofMozilla<br>users, not Mozilla. Mozilla hosts user-generated material that it does not create, as do many<br>companies with an online presence. Mozilla does not charge for the user-generated content and<br>makes no money from it.<br><br> | ||
Mozilla takes intellectual property rights seriously and is prepared to take prompt<br>action to take down materials that have a proper notice of infringement made against them.<br>Unfortunately your letter makes claims that refer only generally to "cars, trademarks, logotypes,<br>designs, models, [and] trade names" of Ferrari as the basis of its intellectual property rights. The<br>letter also fails to identify any particular personas or add-ons that contain or constitute<br>infringements. This information is extremely important in order for Mozilla to assist Ferrari.<br>Mozilla is not in a position to maintain or consult a database (if any exists) of all marks and other<br>intellectual property of every company, or of any company in particular, and it is not in a<br>position to determine what personas or add-ons may offend rights of others. Mozilla therefore<br>depends on IP rights holders to identify both the specific IP right that has been violated and the<br>specific material or activity that violates those rights. Your letter does not provide any of that<br>information but simply leaves it to Mozilla to guess what actions Ferrari wants Mozilla to take.<br>Please send me (1) the URL of each challenged item or activity together with (2) an<br>identification of a specific intellectual property right (for example a mark and a corresponding<br>registration) that you believe the challenged item or activity infringes. Upon receipt of that<br>information, Mozilla will be in a position to take action on this occasion. If Mozilla does not<br>receive the information within 30 days, it will consider the current letter withdrawn.<br><br> | Mozilla takes intellectual property rights seriously and is prepared to take prompt<br>action to take down materials that have a proper notice of infringement made against them.<br>Unfortunately your letter makes claims that refer only generally to "cars, trademarks, logotypes,<br>designs, models, [and] trade names" of Ferrari as the basis of its intellectual property rights. The<br>letter also fails to identify any particular personas or add-ons that contain or constitute<br>infringements. This information is extremely important in order for Mozilla to assist Ferrari.<br>Mozilla is not in a position to maintain or consult a database (if any exists) of all marks and other<br>intellectual property of every company, or of any company in particular, and it is not in a<br>position to determine what personas or add-ons may offend rights of others. Mozilla therefore<br>depends on IP rights holders to identify both the specific IP right that has been violated and the<br>specific material or activity that violates those rights. Your letter does not provide any of that<br>information but simply leaves it to Mozilla to guess what actions Ferrari wants Mozilla to take.<br>Please send me (1) the URL of each challenged item or activity together with (2) an<br>identification of a specific intellectual property right (for example a mark and a corresponding<br>registration) that you believe the challenged item or activity infringes. Upon receipt of that<br>information, Mozilla will be in a position to take action on this occasion. If Mozilla does not<br>receive the information within 30 days, it will consider the current letter withdrawn.<br><br> | ||
For your information, here are the elements of a notification that Mozilla<br>normally expects from an intellectual property claimant. U.S. copyright law explicitly requires<br>copyright holders to provide the information. Mozilla believes that it provides a very useful<br>guideline for holders of other rights, such as trademark rights, as well.<br>o Physical or electronic signature of person sending notice<br>o Identification of the work claimed to be infringed or, if multiple protected works at a<br>single online site are covered by your notification, a representative list of works at that<br>site<br>o Identification of the material that is claimed to be infringing or to be the subject of<br>infringing activity and that is to be removed or access to which is to be disabled, and<br>information reasonably sufficient to permit us to locate the material. Generally this will<br>require, at a minimum, complete and accurate URL(s) of the challenged material.<br>o Statement that you have a good-faith belief that use oftl).e material in the manner<br>complained of is not authorized by the rights owner, its agent, or the law<br>o Statement that the information in the notification is accurate<br>o Statement under penalty of perjury that you are authorized to act on behalf of the owner<br>of an exclusive right that is allegedly infringed<br><br> | For your information, here are the elements of a notification that Mozilla<br>normally expects from an intellectual property claimant. U.S. copyright law explicitly requires<br>copyright holders to provide the information. Mozilla believes that it provides a very useful<br>guideline for holders of other rights, such as trademark rights, as well.<br>o Physical or electronic signature of person sending notice<br>o Identification of the work claimed to be infringed or, if multiple protected works at a<br>single online site are covered by your notification, a representative list of works at that<br>site<br>o Identification of the material that is claimed to be infringing or to be the subject of<br>infringing activity and that is to be removed or access to which is to be disabled, and<br>information reasonably sufficient to permit us to locate the material. Generally this will<br>require, at a minimum, complete and accurate URL(s) of the challenged material.<br>o Statement that you have a good-faith belief that use oftl).e material in the manner<br>complained of is not authorized by the rights owner, its agent, or the law<br>o Statement that the information in the notification is accurate<br>o Statement under penalty of perjury that you are authorized to act on behalf of the owner<br>of an exclusive right that is allegedly infringed<br><br> | ||
Mozilla will need substantially all that information in order to proceed with<br>respect to future notices. As I stated, on this occasion only we need the information I have<br>identified by (1) and (2) above. Please bear in mind that, when Mozilla disables access to<br>material on the basis of notices of claimed infringement, Mozilla will consider a notice sender as<br>responsible if Mozilla incurs any liability because of its conduct in reliance on a wrongful notice.<br>For that reason, Mozilla urges notice senders to pay careful attention to the potential<br>consequences of their notices.<br><br>Mozilla stands ready to assist Ferrari as I have discussed above. Please do not<br>hesitate to contact me if you have any further questions.<br><br> | Mozilla will need substantially all that information in order to proceed with<br>respect to future notices. As I stated, on this occasion only we need the information I have<br>identified by (1) and (2) above. Please bear in mind that, when Mozilla disables access to<br>material on the basis of notices of claimed infringement, Mozilla will consider a notice sender as<br>responsible if Mozilla incurs any liability because of its conduct in reliance on a wrongful notice.<br>For that reason, Mozilla urges notice senders to pay careful attention to the potential<br>consequences of their notices.<br><br>Mozilla stands ready to assist Ferrari as I have discussed above. Please do not<br>hesitate to contact me if you have any further questions.<br><br> | ||
Very truly yours,<br>Andrew P. Bridges<br> | Very truly yours,<br>Andrew P. Bridges<br> | ||
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