Just making sure everyone knows
Grio: yoMALICE is now Online. MALICE: Sup Grio: yo Grio: let me link you Grio: http://pastebin.com/zW4tqjLM Grio: .I think its total BS Grio: and the server is getting all scared and trying to shut him down MALICE: Who sent it? MALICE: If the service provider takes down the material under a valid DMCA takedown request, they are protected from prosecution and civil liability. MALICE: However, DMCA requests are only valid if they clearly show where the infringing material is on a server. Grio: The guy that bought rights to the gamemodew Grio: want to hop on coms? MALICE: He sent it to the person who is running the server? Grio: The hosting company MALICE: Thats the proper venue for a DMCA takedown request, yes. However, I don't think his request meets the DMCA requirement. MALICE: Hold on, let me pull up the law. MALICE: What exactly is this person afraid of? MALICE: A DMCA takedown request has no effect on his liability, only on the service providers. Grio: Well he wants to keep the server running Grio: its a script for gmod MALICE: Okay, and is he the server owner? Grio: He rents the server Grio: Would this fall under the same section as kuro script did MALICE: No, if this is actually copyrighted, hes obviously liable according to the DMCA rules. The question is only whether or not there is a real copyright. MALICE: There was no real copyright on Kuroscript, the bloke just sent a dumbass copy+paste of a license agreement. Grio: How would he go about figuring out if it was copyrighted and its a script though right MALICE: Well, I can tell you without a doubt that the DMCA takedown request is not valid. It requires each and every one of these elements: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. MALICE: Let me determine if there is a copyright database. Grio: ok MALICE: Mark Clark holds no patents, or application for patents. Grio: So this is a falce DMCA? Grio: false* MALICE: Its an insufficient DMCA takedown request, which does not adequately identify the copyrighted work, lacks information reasonably sufficient to permit the service provider to locate the material, and a statement that the information in the notification is accurate under penalty of perjury. MALICE: Your friend should reply with the following: "A DMCA takedown request, under § 512(c)(3)(A)(vi) requires that any DMCA takedown request contain with it: " A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." - Your request lacks this. Please provide it. Grio: thx. I hate the guy that is sending out these requests. He failed out of law school Grio: and has been living off his father's money for years Grio: hes 50 years old now MALICE: If he replies with the statement, and there is no valid patent, he will have committed a crime that could lead to imprisonment for up to 5 years. MALICE: The guy issuing the takedown request, that is. Grio: good MALICE: Actually, hey,' MALICE: Hold omn MALICE: He did say it in his notice MALICE: Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved. MALICE: Hold on. MALICE: Okay, if the service provider files a takedown request, he can file a counter takedown request, that they will then use to restore the information. Further, his takedown request did not properly identify the location of the infringing material, which is required for a DMCA takedown request. It was also a copy+paste of another takedown request that is posted online. MALICE: Copy paste this as a reply: MALICE: Your DMCA takedown request contained the following - "Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved." MALICE: Falsely stating a claim to an uncopyrighted work would violate your claim, which would cause you to be liable for up to five years imprisonment and additional fines. Further, your request failed to properly identify the location of the copyrighted material, and I have no obligation to search for copyrighted works. The burden is on claimaint to locate and provide adequate identification of the location of infringing material. MALICE: If you continue with frivolous takedown requests, I will provide your documentation to the appropriate authorities. Grio: Who would he need to report to if he keeps trying with false takedown requests. MALICE: The federal prosecutor in his state. MALICE: Would just email his/her office. MALICE: Note, I don't know for a fact that there is no valid copyright on this "Perp" shit. MALICE: Nor is proof of copyright required to be included in a DMCA takedown request. MALICE: You could also ask him for proof to his copyright, if you liked. Grio: Can a script even be copyrighted? MALICE: Yes, but he claims to be the original copyright holder. MALICE: There is no copyright under his name. Grio: HGow about the creater of the script? MALICE: His name? Grio: I dont even think that name is provided MALICE: Well, I will be damned. MALICE: http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=1&ti=1,1&Search_Arg=PERP&Search_Code=NALL&CNT=25&PID=FLZiJFaQS2JlDvLpsRV1gwBALRRYe&SEQ=20140102022050&SID=9 MALICE: I still don't think this is a valid copyright, but he at least filed something, lol MALICE: It was filed under "PERP" MALICE: How long has PERP been around? Grio: years MALICE: Automatically invalid. Grio: before I was in the military Grio: I joined back in 2009 and Grio: and it was around in 2006 or 2007 Grio: Why would this copyright be invaild? MALICE: Its ridiculous. It includes no information that would allow it to copyright anything. Just the name PERP. MALICE: http://www.copyright.gov/prereg/help.html#helptext37 MALICE: "For a computer program, that may include a videogame: Describe the nature, purpose, and function of the computer program, including information such as its approximate length (if known), any particular organization or structure in which the program has been created; any information concerning the computer language in which it is written; the form in which it is expected to be published, e.g., as an online-only product; the version, if known, which is expected to be the published version. If the work is a videogame, also describe the subject matter of the videogame and the overall object, goal or purpose of the game, its characters, if any, and the general setting and surrounding found in the game." Grio: So the only "copy righted" part of the script is the name perp? MALICE: Yes.