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 Chilling Effects Clearinghouse > Protest, Parody and Criticism Sites > Notices > Encyclopedia Dramatica Receives Takedown Notice (NoticeID 22649, http://chillingeffects.org/N/22649) Printer-friendly version

Encyclopedia Dramatica Receives Takedown Notice

January 6, 2009

 

Sender Information:
private
Sent by:
[Private]



Recipient Information:

encyclopediadramatica.com




Sent via: Email
Re: 3rd Notice under Utah Code 76-9-201

Received on Jan/07/2009 1:36:08AM
This ticket has been open to track complaint
Reply | Reply & Quote

Staff

From: Support
Sent to encyclopediadramatica.com on Jan/07/2009 1:38:16AM
Greetings, Customer.

We are contacting you because we have received a complaint stating that an IP
address under your control has violated our Acceptable Use Policies. We
have attached the received complaint(s) and/or log(s) demonstrating the abuse.
Please review the attached complaint(s). If there has been an error in
attributing this abuse complaint to you, please let us know and we will
investigate the issue.

THIS MESSAGE SERVES AS AN OFFICIAL NOTICE OF POLICY ENFORCEMENT IN REGARDS TO
AN ABUSE OF SERVICES. YOU ARE RESPONSIBLE FOR THE REMOVAL OF CONTENT, DOMAINS,
OR USERS WHICH CONSTITUTE THIS ISSUE. YOU ARE RESPONSIBLE FOR THE INVESTIGATION
OF MISCONFIGURATION, INFECTION, OR UNAUTHORIZED SOFTWARE USE WHICH HAS LED TO
THIS ISSUE.

WE REQUIRE A RESPONSE TO THIS MESSAGE WITH QUESTIONS, COMMENTS, OR A
DESCRIPTION OF THE ACTIONS TAKEN TO RESOLVE THIS ISSUE.

THIS ISSUE IS CONSIDERED TO FALL UNDER THE FOLLOWING CATEGORY AND WILL HAVE THE
FOLLOWING ACTIONS TAKEN IN THE TIME PERIOD SPECIFIED. ADDITIONALLY, THE
FOLLOWING ISSUE OR ISSUES HAVE BEEN REPORTED:

---

[] CRITICAL - This issue represents a critical or service-affecting issue and
must be resolved WITHIN TWO (2) HOURS OF RECEIPT or the AFFECTED IP WILL BE
NULL-ROUTED.

Hosting, Distributing, or Linking to:

[] Sexually Explicit or Sexually Implicit images of a Minor
[] Fraudulent or 'phishing' sites intended to gather personal data
[] Open SMTP relays or open proxies

Sending, Launching, or Perpetrating:

[] Brute-force or 'intelligent' cracking or cracking attempts
[] Denial of Service or Distributed Denial of Service attacks
[] Directed/brute-force packet flooding
[] Malicious or illegal access to secured services, e.g. hacking

[] OTHER:

---

[] SERIOUS - This issue is a serious or otherwise-verified abuse issue and must
be acknowledged WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT or the issue will be
reviewed and potentially result in an escalation to critical status. Upon
acknowledgement, we will appreciate your updates as you work to resolve this
issue. The ticket will be closed when the issue is resolved.

Hosting, Distributing, or Linking to:

[] Copyrighted or trademarked material not authorized for distribution
[] Exploits, trojans, viruses, worms, spyware, or malware
[] Spam or unsolicited commercial/bulk email (as reported by a verified
or official source)

[] OTHER:

---

[] INFORMATIONAL - This issue has been opened to inform you of a complaint
received which does not require immediate action to be compliant with our AUP,
but still must be acknowledged WITHIN FORTY-EIGHT (48) HOURS OF RECEIPT or the
issue will be reviewed and potentially result in an escalation to serious
status. Upon acknowledgement, we will close the opened ticket. DO NOT DISREGARD
THIS ISSUE. While we do not require immediate resolution, this issue may pose a
threat to your network security, legal standing, or other elements of your
business.

Hosting, Distributing, or Linking to:

[x] Personal or identifying data not authorized for distribution
[] Bulk email address lists (used by spammers)
[] IRC servers, networks, or services
[] Spamvertised websites
[] Spam or unsolicited commercial/bulk email (as reported by an
individual, or a first-time offense)
[] Unsolicited Bounce

[] OTHER:

---

In addition to responding to this ticket with a statement of resolution, we
will require you to:

[] Contact SpamCop at the URL listed in the complaint
[] Send a statement of resolution to the following email address(es):
[] OTHER:

Your cooperation in resolving this incident is appreciated,
Abuse Department

Please do not respond directly to this email.
Reply | Reply & Quote

Staff

From: Customer Support
Sent to Encyclopediadramatica.com on Jan/07/2009 1:38:36AM
Pursuant to Utah Code 76-9-201.2.a.ii you are given notice to cease electronic
harrassment from the following IP ranges. If you disregard this notice, I have
the right under Utah Law to file a criminal complaint with the County Attorney
of Utah County or Utah Law Enforcement:

The test of the statute is provided for review.


76-9-201. Electronic communication harassment -- Definitions --
Penalties.
(1) As used in this section:
(a) "Electronic communication" means any communication by
electronic, electro-mechanical, or electro-optical communication device for the
transmission and reception of audio, image, or text but does not include
broadcast transmissions or similar communications that are not targeted at any
specific individual.
(b) "Electronic communication device" includes telephone,
facsimile, electronic mail, or pager.
(2) A person is guilty of electronic communication harassment and subject
to prosecution in the jurisdiction where the communication originated or was
received if with intent to annoy, alarm, intimidate, offend, abuse, threaten,
harass, frighten, or disrupt the electronic communications of another, the
person:
(a) (i) makes repeated contact by means of electronic communications,
whether or not a conversation ensues; or
(ii) after the recipient has requested or informed the person not to
contact the recipient, and the person repeatedly or continuously:
(A) contacts the electronic communication device of the recipient; or
(B) causes an electronic communication device of the recipient to ring or
to receive other notification of attempted contact by means of electronic
communication;
(b) makes contact by means of electronic communication and insults,
taunts, or challenges the recipient of the communication or any person at the
receiving location in a manner likely to provoke a violent or disorderly
response;
(c) makes contact by means of electronic communication and threatens to
inflict injury, physical harm, or damage to any person or the property of any
person; or
(d) causes disruption, jamming, or overload of an electronic communication
system through excessive message traffic or other means utilizing an electronic
communication device.
(3) Electronic communication harassment is a class B misdemeanor.
(4) This section does not create any civil cause of action based on
electronic communications made for legitimate business purposes.


Summary:

The site in question is encyclopedia dramatica. Listed on the site is the
following content:

http://encyclopediadramatica.com/Jeff_V._Merkey

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FAQ: Questions and Answers

[back to notice text]


Question: Must the reciever of a take-down notice notify the sender of the action it takes regarding the notice?

Answer: No. Nothing in the DMCA requires the reciever of a take-down notice to notify the sender of the action it takes regarding the notice. The DMCA only requires a service provider to notify the subscriber that the material has been removed or access to the material has been disabled, in cases where the allegedly infringing material is residing on the network controlled or operated by service provider at the discretion of the subscriber. [17 U.S.C. 512(g)(2)(A)]


[back to notice text]


Question: What does it mean to have material "hosted" on a website?

Answer: Hosting (also known as Web site hosting, Web hosting, and Webhosting) is the business of housing, serving, and maintaining files for one or more Web sites. More important than the computer space that is provided for Web site files is the fast connection to the Internet. Hosting allows the files to be stored in a location which is quicker for third parties to access. Typically, an individual business hosting its own site would require a similar connection and it would be expensive. Using a hosting service lets many companies share the cost of a fast Internet connection for serving files.

A number of Internet access providers, such as America Online, offer subscribers free space for a small Web site that is hosted by one of their computers. Geocities is a Web site that offers registered visitors similar free space for a Web site. While these services are free, they are also very basic.

A number of hosting companies describe their services as virtual hosting. Virtual hosting usually implies that their services will be transparent and that each Web site will have its own domain name and set of e-mail addresses. In most usages, hosting and virtual hosting are synonyms. Some hosting companies let you have your own virtual server, the appearance that you are controlling a server that is dedicated entirely to your site.


[back to notice text]


Question:

Answer: [not yet answered]


[back to notice text]


Question: What can be protected as a trademark?

Answer: You can protect

  • names (such as company names, product names)
  • domain names if they label a product or service
  • images
  • symbols
  • logos
  • slogans or phrases
  • colors
  • product design
  • product packaging (known as trade dress)


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