Forum: Poser - OFFICIAL


Subject: No more freestuff at The Eaglesgift.

virchual opened this issue on Mar 05, 2002 ยท 75 posts


cooler posted Tue, 05 March 2002 at 2:59 PM

My apologies for the length of this but there is no way to be succinct when deling with copyright law :-) In the case of copyright infringement claims under the DMCA (Digital Millenium Copyright Act) you should have been provided with a copy of the Statement of copyright which should specify the alegedly infringing material and it's location. What you may not know (& something that Homestead conveniently leaves out of it's copyright policy statement :-) is that you have a right to counter claim if you feel you have been accused falsely. This will place the burden of proof on the person/persons making the charges against you. The procedure is as follows... You must fill out the following document & forward it to the designated copyright agent for homestead.com (see below) (A) A physical or electronic signature of the subscriber. [As an electronic signature, our agent accepts facsimile/fax and digitized image of signature attached to electronic mail.] (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. [This information will normally be included in the notice you receive from the DMCA Agent. You may want to expand on it or distinguish some materials from others. Please include a URL such as http://... or ftp://... identifying the material or representative material.] (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 mistake or misidentification of the material to be removed or disabled. [If you have any permissions for subject materials, please identify them. If you believe materials to be quotable under Fair Use doctrine, please state your case with reference to the four principles of Fair Use.] (D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent thereof then you can email/fax/snail the completed document to... Designated Agent: Victoria Libin c/o Homestead Technologies Address of Agent: 3375 Edison Way Menlo Park, CA 94025 Telephone: (650) 549-3112 Fax: (650) 364-7329 E-mail for notice: copyright@homestead-inc.com Once the complaining party receives your counterclaim, the DMCA permits your service provider to restore materials or access in 10-14 business days--unless the complaining party serves notice that it intends to seek a court order to restrain infringement. If you have any questions feel free to contact me privately coolerBear@att.net ICQ# 1523909