Sunday, January 23, 2011

DMCA Further Developments

With regards to Nicky's DMCA notification, Blogger has informed me that "The requirements for a counter-notification under the Digital Millenium Copyright Act are not the same as the requirements for the original notification." Um, yeah. While technically true, they are splitting very fine hairs.

Notification must include, amongst other things: "(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if avail-able, an electronic mail address at which the complaining party may be contacted."

Counter notification must include, amongst other things: "(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court ..."

The text of the law says that the notifications must "substantially include" the above information, which is where I think Google hangs their hat on not requiring complaining parties to provide a mailing address. I responded in kind by providing a mailing address (a P.O. box) but not my phone number; I don't need a basement troll calling me at all hours to whine about what a meanie I am.

Since I have responded with a counter notification, Blogger must restore my post within 10 to 14 business days, unless they receive notice from Nicky that he "has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network." In this case, subscriber = me.

I can't see Nicky filing legal action. For one, he can't afford it. For another, the copyright infringement claim is obviously ridiculous to the layman. Here is Nicky's claim:
"She posted all the links to every story of a version that doesn't have the stories in there. This is unauthorized what she's doing."
Nicky is SOL. Lists cannot be copyrighted, and link addresses cannot be copyrighted. Furthermore, the links all point to legally posted content by the content owners.

Now the following is for Nicky, who I know reads this blog:

Nicky, before you even think about continuing to harrass me with false DMCA claims, know this - I have a job and can afford an attorney. You cannot. The DMCA includes penalties for materially misrepresenting that material or activity is infringing. I suggest you read it. Would you like to pay my costs and attorney's fees?

1 comment:

Anonymous said...

Nicky also doesn't sign contracts with his contributors and therefore owns no copyrights on the material in any case - except for his own stories. And if you post a link to one of the many places he posts the material himself, he can't accuse you of anything as he posted it there...