DMCA takedown notice from MediaTemple

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!

Dear John,

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:
http://www.sparkplug9.com/bizhack/2007/02/14/why-spam-is-bad-for-your-google-juice/
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.”

Ridiculous!

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.

Counter Notification

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.

Best regards,

Scott DeSmet
Contention Resolution Administrator
(mt) Media Temple, Inc
————————
8520 National Blvd.
Building A
Culver City, CA 90232
————————
: 310-841-5555
: 310-841-5690
<24/7 toll-free>: 877-578-4000
http://www.mediatemple.net

[tags] dmca, mediatemple, takedown, motion, sumer kolcak, john koetsier [/tags]

 


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4 CommentsLeave a comment

  • I have personally tried called you this evening regarding this matter. I keep getting rings and then voice mail. Scott DesMet, our Contention Resolution Administrator, has also made attempts. Maybe there is better way to reach you. I encourage you to contact me personally at the undersigned so I may help you further with this matter.

    (mt) Media Temple hasn’t taken down any of your content down therefore I am rather confused by your post. Please understand that my company is simply following the protocol set forth and provided to us by congressional law which protects service providers against legal involvement in copyright disputes. If you consider the larger issue further, you can easily imagine the heavy burden placed on a company like ours which hosts over a 100,000 North American websites if we were try and play judge and jury every time we received a complaint. It is not practical, nor realistic, nor legally feasible for us to assume such a role in situations like this; which is why, thankfully, we have the DMCA for protection.
    http://www.chillingeffects.org/dmca512/faq.cgi#QID130
    While we do not believe the DMCA is the best written law ever, in contrary we believe it needs many improvements, it is however what guides our business in such disputes.

    My cel phone is 866-293-0819. If you wouldn’t mind contacting me, I would be happy to speak with you and offer my personal advice. I am also willing to work with your contacts at EFF as we are interested in improving this antiquated governance. Please forgive my company’s rather clinical, cold notices. Our contention department is simply following correct protocol given to them. Thank you.

    Best Regards,

    Demian Sellfors
    CEO
    (mt) Media Temple, Inc
    866-293-0819

  • Hi Demian – thanks for the comment, and I’ll be calling today.

    I know you haven’t taken any of my content down, but you’ve threatened to do so unless I remove it myself. Which is why I’ve posted this.

    There has to be some level of fact-checking before you threaten to take down content. If someone says that a person has copied something, find out what it is that has allegedly been copied – at least.

    In this case, the person is alleging that the mere use of his name is tatamount to copyright infringement, which is ridiculous. As the US government indicates here, the following can be protected by copyright:

    “Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section “What Works Are Protected.”

    I don’t see personal names in that list.