March 22 note added:
I’ve been in touch with the owner of Motiono.com and we’ve resolved our differences amicably. The DMCA takedown notice has been removed.
Earlier today I posted on the DMCA takedown fight I’m in right now.
Here’s the full notification from MediaTemple. Who woulda thought it’s a Dear John letter!
We have received a Digital Millennium Copyright Act, DMCA infringement notification regarding content on your web service. The alleged content in violation can be found at the following url:
regarding “Sumer Kolcak.”
Please follow that link and take a look at it … there’s maybe a hundred words there and not a shred of it is copied from anywhere.
The actual reason for the takedown notice is this phrase: “Sumer Kolcak.” In other words, this individual is claiming I can’t use his name in a blog post.
That’s a very interesting definition of copyright, IMHO. Imagine if a reporter doing a story on Microsoft had to ask Microsoft for permission to use the name “Microsoft.” Or an author of history books had to ask Bill Clinton for permission to use the name “Bill Clinton.”
As a courtesy, we are informing you about the complaint. You must take necessary measures to remove or disable the alleged content in violation within 24 hours of this notice or we will remove or disable the content for you. If you feel that this content does not violate the DMCA you may file a counter notification.
Once a counter notification has been filed, we may reinstate the content in question within 10-14 business days and promptly provide the person who filed the original notification with a copy of the counter notification, unless the designated agent first receives notice that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity.
A counter notification will be filed tomorrow, FYI.
Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.
Interesting … sounds like the person who filed it could be in for some trouble.
[tags] dmca, mediatemple, takedown, motion, sumer kolcak, john koetsier [/tags]
To file a counter notification, you must provide a written communication to us by fax or mail with the specified information below.
- The subscribers name, address, telephone number and physical or electronic signature.
- Identification of the specific material and it’s location before it was removed or disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled by mistake or misidentification.
- Consent to the jurisdiction of the subscriber’s local US Federal District Court, or, if outside the US, the US Federal Court jurisdiction where the service provider is found, and that they will accept service of process from the person or an agent for the person who provided the notification.
Contention Resolution Administrator
(mt) Media Temple, Inc
8520 National Blvd.
Culver City, CA 90232
<24/7 toll-free>: 877-578-4000
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