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 Chilling Effects Clearinghouse > DMCA Notices > Notices > UFC DMCA (Copyright) Complaint to Google (NoticeID 56440, http://chillingeffects.org/N/56440) Printer-friendly version

UFC DMCA (Copyright) Complaint to Google

February 06, 2011

 

Sender Information:
Zuffa, LLC
Sent by:
MiMTiD Corp.


US

Recipient Information:

Google, Inc.


Mountain View, CA, 94043, USA


Sent via:
Re: Google Urgent Notice of Copyright Infringement from Zuffa, LLC

From: [redacted]mimtid.com
Subject: Google Urgent Notice of Copyright Infringement from Zuffa, LLC
Date: 6 Feb 2011 12:07:18 -0600

Attention Google:

On behalf of Zuffa, LLC and/or its subsidiaries and affiliated companies, I am writing to notify you of the infringement of Zuffa, LLC's intellectual property rights in the titles identified in this email in Google search results.

Demand is hereby made that Google take immediate action to stop such infringements.

The search results and links identified in this email are specific examples of Google search results linking to logos, images, artwork, video files, video streams and websites that infringe upon Zuffa, LLC's intellectual property rights.

Zuffa, LLC hereby demands that Google promptly remove and disable the links to all unauthorized copies of works whose copyrights are owned by Zuffa, LLC of which it is aware, including the infringing files identified in this email.

This letter is not a complete statement of Zuffa, LLC's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies, or defenses of Zuffa, LLC in connection with this matter, all of which are expressly reserved.

The undersigned has a good faith belief that use of the materials in the manner described herein is not authorized by Zuffa, LLC, its agent, or the law. The information in this notice is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of Zuffa, LLC with respect to this matter.

IMPORTANT NOTICE: None of the information contained in this legal notice is to be transmitted and/or released to any third party, including but not limited to Chilling Effects (chillingeffects.org), without the express written permission of the the copyright owner and or his agent. As stated in Section 512 of the Digital Millennium Copyright Act, and in the normal course of processing and notifying the infringing counter party, recipient must only include information specific to that counter party's infringement and must not include this entire notice. Any re-transmission in whole or in part of this legal notice by the intended recipient will be a direct violation of U.S. and International Copyright Law and will be prosecuted to the fullest extent of the law by the copyright owner.

Please also note that with the express permission of the copyright owner, in addition to being forwarded to certain members of the United States Congress and the U.S. Department of Justice, MiMTiD will send this legal notice to a third-party that aggregates repeat infringer data gathered by different agencies and infringement mitigation service companies around the globe and provides centralized access to that data to be used by global policy makers and law enforcement agencies to create and enforce copyright law. As such, this legal notice will included in The Chilling Report (http://www.chillingreport.com). To obtain secure access to the Chilling Report please email The Chilling Report at [redacted]chillingreport.com or call [redacted].

We appreciate your prompt attention to this important matter.

Sincerely,
MiMTiD Corp.
[redacted]
Managing Director
[redacted]
[redacted]mimtid.com


Record Id: 246258
Control Number: 77ed5ece47da7fe3d60dcac4dee559ef
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.3rblolz.net/forum/showthread.php?t=26694
Meta Data: UFC 126 Preliminary Fights HDTV XviD-aAF - 3RBLOLz
Query or Infringing Host File Download Link: http://www.filefactory.com/file/b54d7gc/n/UFC.126.Preliminary.Fights.HDTV.XviD-aAF.part2.rar
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:25:02

Record Id: 246262
Control Number: 2927f52ef930811c82db8a7280ea3147
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.katzforums.com/showthread.php?t=4024557
Meta Data: UFC 126 Preliminary Fights HDTV XviD-aAF - Katz Forums
Query or Infringing Host File Download Link: http://www.filefactory.com/file/b54d7gc/n/UFC.126.Preliminary.Fights.HDTV.XviD-aAF.part2.rar
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:25:02

Record Id: 246365
Control Number: 94fc7c298c1d8335203adf3887b5a755
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://depositfilesonic.com/ufc-126-preliminary-fights-hdtv-xvid-aaf-128039/
Meta Data: UFC 126 Preliminary Fights HDTV XviD-aAF
Query or Infringing Host File Download Link: http://www.fileserve.com/file/yQHky8M/UFC.126.Preliminary.Fights.HDTV.XviD-aAF-DirtyDingo.org.avi
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:45:02

Record Id: 246406
Control Number: 0f01d5ceb378b7a0bd222d3270f3c829
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://hotfile.com/dl/102302980/826b440/Silva_Vs_Belfort.ipseas.mp4.html
Meta Data: Hotfile.com: One click file hosting: Silva Vs Belfort.ipseas.mp4
Query or Infringing Host File Download Link: http://hotfile.com/dl/102302980/826b440/Silva_Vs_Belfort.ipseas.mp4.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:55:02

Record Id: 246424
Control Number: 5f8204ebcb4032cef1b1b9f1941fb3a9
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.nattawat.org/viewtopic.php?p=3254531&sid=50dac07fb6d1f4481ad7256f694a2954
Meta Data: Nattawat.org Warez Forum :: View topic - UFC 126 Fights
Query or Infringing Host File Download Link: http://hotfile.com/dl/102302980/826b440/Silva_Vs_Belfort.ipseas.mp4.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:55:02

Record Id: 246426
Control Number: f92df9489562f4948c0cca037cafd27d
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://tastro.org/a/aa-zz-anderson-silva-vs-vitor-belfort-single-fight-ufc126-aa-zz-tastro-pp-bb-06-02-2011-pp-oo
Meta Data: Anderson Silva vs. Vitor Belfort Single Fight (UFC126) | Descarga …
Query or Infringing Host File Download Link: http://www.fileserve.com/file/r67j5bQ/Silva
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:55:02

Record Id: 246442
Control Number: 517a75efae2b92135dfe833ad4da3003
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://dlhotfile.com/last100.html
Meta Data: Latest News - HotFile Search Engine
Query or Infringing Host File Download Link: http://hotfile.com/dl/102336498/2372c18/ufc.126.espn.hdtv.xvid-freak.part1.rar.html
Advertiser Network(s) Appearing at Infringing Link Location: counter.yadro.ru, liveinternet.ru, yadro.ru
Date Discovered: 2011-02-06 11:55:02

Record Id: 246448
Control Number: 9d969a543df6386a32f0790623d572de
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://dlhotfile.com/search/90210+2x13+hdtv+xvid+eztv.html
Meta Data: 90210 2x13 hdtv xvid eztv hotfile full download » HotFile Search …
Query or Infringing Host File Download Link: http://hotfile.com/dl/102336498/2372c18/ufc.126.espn.hdtv.xvid-freak.part1.rar.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:55:02

Record Id: 246450
Control Number: 3c5c4369332208b4bf9ad157cf920b68
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.downturk.info/print:page,1,476631-ufc-126-espn-hdtv-xvid-freak.html
Meta Data: DataLife Engine > Версия для печати > UFC 126 ESPN HDTV XviD-FreaK
Query or Infringing Host File Download Link: http://www.fileserve.com/file/hb4gKe6
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:55:02

Record Id: 246470
Control Number: f6eb725d9891d187caaea192fd11d227
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://fuckcopyright.net/2945-ufc-124-ppv-internal-hdtv-xvid.html
Meta Data: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Query or Infringing Host File Download Link: http://fuckcopyright.net/2945-ufc-124-ppv-internal-hdtv-xvid.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:59:24

Record Id: 246471
Control Number: 3c5d4cde53762a4ec823ce1998ee8f0d
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.fuckcopyright.net/5552-ufc-125-internal-pdtv-xvidind.html
Meta Data: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Query or Infringing Host File Download Link: http://www.fuckcopyright.net/5552-ufc-125-internal-pdtv-xvidind.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:59:26

Record Id: 246472
Control Number: d4329ab71909cdf50dbdae6cab0da23c
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.fuckcopyright.net/5447-ufc-undisputed-2010-2010-eng-p.html
Meta Data: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Query or Infringing Host File Download Link: http://www.fuckcopyright.net/5447-ufc-undisputed-2010-2010-eng-p.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:59:34

Record Id: 246473
Control Number: 51c9d9700f29823c9be9d6118a6d9199
Studio: Zuffa
Title: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Search Engine Infringing Link: http://www.fuckcopyright.net/5473-ufc-125-edgar-vs-maynard-01st.html
Meta Data: UFC 126 and Other PPV Events Logos, Posters, Files and Streams
Query or Infringing Host File Download Link: http://www.fuckcopyright.net/5473-ufc-125-edgar-vs-maynard-01st.html
Advertiser Network(s) Appearing at Infringing Link Location: None Found
Date Discovered: 2011-02-06 11:59:43

All dates and times are U.S. Central Standard Time

Search Engine Infringing Links Only Not Available due to repeated repostings by Search Engines

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a search engine get DMCA takedown notices for materials in its search listings?

Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]

Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].


Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?

Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.


Question: Does a service provider have to follow the safe harbor procedures?

Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.


Question: How do I file a DMCA counter-notice?

Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.


For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.


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