Do-It-Yourself DMCA Counter Notification Letter.One of the favorite tools of both cults and corporations seeking to take embarassing information off the Internet is to falsely claim violation of a copyright or trademark. The Digital Millennium Copyright Act, enacted in 1998, set out a notification procedure that can be used to request an ISP to remove allegedly infringing material from a web page. However, there is a defense against this attack: it's called a counter notification letter. Most people don't know how to write such a letter, which is why I've put together this helpful form.
As a way of warding off spurious complaints, it sounds pretty good, but some of the clauses at the end could get you in trouble. I'd send it certified mail without the following:
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, the ISP, may be found).
I agree to accept service of process from the complainant.
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Do-It-Yourself DMCA Counter Notification Letter.
- jim 3-21-2002 6:11 pm
As a way of warding off spurious complaints, it sounds pretty good, but some of the clauses at the end could get you in trouble. I'd send it certified mail without the following:
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, any judicial district in which you, the ISP, may be found).
I agree to accept service of process from the complainant.
- tom moody 3-21-2002 6:35 pm