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[We] recently received notice under Section 512 of the
Digital Millennium Copyright Act (DMCA) alleging that the above website
infringes upon copyrighted materials. We are asking that you remove all
copyrighted materials and downloads from your website. Should you fail
to act upon this notice within 24 hours we will forced to temporarily
suspend your account.
Under the DMCA, you are entitled to provide "counter-notice" to [Our]
DMCA agent claiming that the material does not infringe copyrights. If
the copyright owner does not bring a lawsuit in district court within 10
days, [We] may then reactivate your account. Notwithstanding any
counter-notice, [We] reserve the right, in our sole discretion, to keep
your site suspended in the event there is a continuing threat of
litigation arising from your website.
A proper counter-notice must contain the following information:
- The subscriber's name, address, phone number and physical or
electronic signature [512(g)(3)(A)]
- Identification of the material
and its location before removal [512(g)(3)(B)]
- A statement under
penalty of perjury that the material was removed by mistake or
misidentification [512(g)(3)(C)]
- Subscriber consent to local federal
court jurisdiction, or if overseas, to an appropriate judicial body.
[512(g)(3)(D)]
For more information on the DMCA, see
http://www.copyright.gov/onlinesp.
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