The band Skillet takes down EliteSkills.com JimmyR.com Trainear.com +WatchReplies: 126 / 8 years ago
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This is what took down the site earlier today
Dear James Ruska:
We have received a valid claim under the Digital Millennium Copyright Act, codified at 17 U.S.C. 512
(the "DMCA"), that materials on your web server hosted at ServerBeach may violate the copyright
interests of the party filing the complaint.
In accordance with the DMCA, we hereby inform you that your web server has been or within the next
24 hours will be, disabled to the extent necessary to comply with the DMCA.
Your web site will remain disabled unless we receive a valid counter-notification from you. The DMCA
provides that a valid counter-notification must contain the following:
1. The counter-notification must be addressed to the host's designated agent (the "Designated
Agent") and must state, under penalty of perjury, that the infringement claim in question is a
101 Marietta St.
Atlanta, GA 30303
2. The counter-notification must contain the following information:
(a) a physical or electronic signature of the subscriber;
(b) identification of the material that has been removed or disabled, and its prior location;
(c) 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 a mistake or misidentification;
(d) the subscriber's name, address, and telephone number(s); and
(e) a statement that the subscriber consents to the jurisdiction of federal district court for the
judicial district in which the address is
located. (If located outside the US, the subscriber must consent to any judicial district in
which ServerBeach is located.)
Upon receipt of a valid counter-notification from you, we will provide the complainer with a copy of the
counter-notification. The complainer then has not less than ten (10), but no more than fourteen (14),
business days to notify the Designated Agent that it has filed a request for a court order to restrain the
infringing activity. Unless such notice is received, ServerBeach will replace or enable the disputed material.
Your cooperation in this matter is appreciated. Please reply to this e-mail to notifying ServerBeach of the
actions you are taking to rectify this situation, or to confirm that the infringed content has been removed.
ServerBeach Abuse Department
Tue Jun 12 2012 12:28:57 GMT-0500 (CDT)
I said there is no infringing content and submitted a counter-notification saying there must be some error. It was just a typical roleplay with images linked from mtv's domain.
Since you have chosen to submit a counter notice and not remove the photo's of
the band member's from Skillet we will forward your counter notice to the
claimant who submitted the DMCA to us. We will also ask if they give us
permission to forward you the original claim. Per the DMCA:
Upon receipt of a valid counter-notification from you, we will provide the
complainer with a copy of the
counter-notification. The complainer then has not less than ten (10), but no
more than fourteen (14),
business days to notify the Designated Agent that it has filed a request for a
court order to restrain the
infringing activity. Unless such notice is received, ServerBeach will replace
or enable the disputed material.
This means that we will have to suspend your server and the alleged infringing
content will have to remain offline for the 10 - 14 business days. If the
claimant does not notify us of a pending court order we will re-enable your
Tue Jun 12 2012 13:46:44 GMT-0500 (CDT)
Please do not suspend my account. I will remove all 3 links supplied. Please bring back up my account.
Tue Jun 12 2012 13:49:24 GMT-0500 (CDT)
You also did not mention who or what was asking for the material to be removed. I did not know it was not the pictures. Often people might file copyright complaints on a roleplay, when it is fair use for children to make fanfictions or the like.
The pictures are not hosted on my server. Please look at the links. There is nothing on my server that is infringing
We have brought your server back online. We will allow an hour for the url's to
be disabled. Failure to do so will result in server suspension again so that
we're in compliance with the DMCA. The DMCA does not require the host to
provide the claimant's contact information. In this case we were notified by
Skillet's record company and we have asked if they give us permission to
forward the claim to you. Also, it's irrelevant whether the alleged infringing
images are hosted or not hosted on your ServerBeach server. The images are
displayed on your website that is hosted on your ServerBeach server. Therefore
ServerBeach is responsible and liable for the copyright infringement.
The links have been deleted. That still makes no sense. How then does google image search work? It will show the same or similar pictures from google's domain? Google does not get shut down because the images are not on google's servers. This is very upsetting they could force people to do things abruptly without any form of discussion and all without disclosing their own information.
We appreciate the update. The claimant has given us permission to forward the
claim to you. It appears they cc'd you on it when they submitted the claim to
us. We recommend that you Google DMCA and read up on it. When we receive a
valid DMCA claim we merely process the claim so that we're in compliance with
the law, we don't pass judgement whether the alleged infringing content is or
isn't actually infringing.
IMMEDIATELY REMOVE THE FOLLOWING UNAUTHORIZED MATERIAL IN CONNECTION WITH
The above referenced stories and profiles make unauthorized use of the name
and likeness of the artists. These artists have not authorized their names
and likenesses for this use. The information provided is not true and must
be removed immediately.
ATLANTIC RECORDS GROUP
I, the undersigned, do solemnly and sincerely declare and CERTIFY UNDER
PENALTY OF PERJURY that:
1. I am the owner or an agent authorized to act on behalf of the owner of
certain intellectual property rights, said owner being named ATLANTIC
RECORDS GROUP ("IP Owner").
2. I have a good faith belief that the materials identified above are not
authorized by the above IP Owner, its agent, or the law and therefore
infringe the IP Owner's rights.
3. This notification is accurate.
Please act expeditiously to remove or disable access to the material or
items claimed to be infringing.
I still don't see how I'm not protected by parody laws. Why must you shutdown my server when I state they are in error? Wouldn't it be me that has the liability so you don't have to worry about it? It's like server beach takes the side of the accuser. My server is my main source of income at the moment. You're asking me to either comply or cause myself significant financial damage. Someone could say all my pages are infringing and get them taken down for no reason because I have no real option to say they're wrong.