Chilling Effects
Home Weather Reports Report Receiving a Cease and Desist Notice Search the Database Topics
Sending
Topic HomeFAQsMonitoring the legal climate for Internet activity
Chilling Effects
 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Yahoo (NoticeID 35786, http://chillingeffects.org/N/35786) Printer-friendly version

DMCA (Copyright) Complaint to Yahoo

March 13, 2010

 

Sender Information:
myredbook.com
Sent by:
[Private]



Recipient Information:

Yahoo! Inc.


Sunnyvale, CA, USA


Sent via:
Re: DMCA Copyright Violation

DMCA Copyright Violation

Note: This is a digital copy of fax sent 3/13/2010 11:16 AM PST to 408-349-
7821


------------------
March 13, 2010

[redacted]
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089

Dear [redacted],

1. The copyrighted work at issue is the text and photos that appears
on http://classifieds.myredbook.com

2. Search Query: sfxescorts
URL of Search Query: http://search.yahoo.com/search?p=sfxescorts
Infringing Web Pages: http://www.sfxescorts.com

This website has done a complete snapshot of our classified ads, text
and pictures.
The information was primarily pulled from last year so they will have
out of date information, however the Username will match exactly in
spelling, case, and underscore to our registered usernames.

We added a watermark in Februrary of this year, however they are still
pulling and copying that content as well.
http://www.sfxescorts.com/xXxMariahxXx
http://i2.sfxescorts.com/files/upload/2010/03/04/8a1567cc3f49aff968c079be9ae
ed518.jpg
http://i1.sfxescorts.com/files/upload/2010/03/04/98e95a57ea6ab13c45091004b61
2d710.jpg
http://i2.sfxescorts.com/files/upload/2010/03/04/9d80f2a5959425898c7779f78c1
49554.jpg
http://i1.sfxescorts.com/files/upload/2010/03/04/41ca1846e1b45f7b27ca99d0010
96618.jpg

http://www.sfxescorts.com/XXbabygirl916XX
http://i1.sfxescorts.com/files/upload/2010/03/08/b485003545a55644955bfac38d7
9bfc8.jpg

Remove all pages from this sfxescorts from your search index, an block
from future indexing.

Per cached version of page http://www.sfxescorts.com
contains photos stolen from http://classifieds.myredbook.com

They are all stolen, but it is a tedious process to identify the exact
matching picture as there are thousands of photos to sift through.
Hopefully this is a sufficient sample size to prove our case. If not,
let us know and we will track them down.

Username: 1charmaine
http://classifieds.myredbook.com/uploads/pix/02/l9d5fybm8f4kvvbd.jpg
http://classifieds.myredbook.com/uploads/pix/j8/hn9d35c1sjjmw2qh.jpg
http://classifieds.myredbook.com/uploads/pix/kx/8cztkjqz0sz7wjwb.jpg
http://classifieds.myredbook.com/uploads/pix/j8/hn9d35c1sjjmw2qh.jpg

Username: 1SweetBaby4U
http://classifieds.myredbook.com/uploads/pix/z6/651drr1cl3pk08pk.jpg
http://classifieds.myredbook.com/uploads/pix/vb/jm494dy2lh1wpddn.jpg
http://classifieds.myredbook.com/uploads/pix/27/jsw1jtmg4zmm040v.jpg

Username: 1_Hot_Aimee
http://classifieds.myredbook.com/uploads/pix/lf/0lt98xmdlg60znt0.jpg
http://classifieds.myredbook.com/uploads/pix/yb/hs7wq3ghl7dmp1z6.jpg
http://classifieds.myredbook.com/uploads/pix/vb/1kmcjlmcnt5qmdc3.jpg

Username: 209sLATINAmama
http://classifieds.myredbook.com/uploads/pix/xv/437g058dvj9t0qrc.jpg
http://classifieds.myredbook.com/uploads/pix/zl/w8m02fz0vylqpjj3.jpg

Username: 21Sweetz
http://classifieds.myredbook.com/uploads/pix/tb/yn5xnqt07zgzlysv.jpg

Username: 2tasty_09
http://classifieds.myredbook.com/uploads/pix/bx/prd1wmq5dv2xx7hn.jpg
http://classifieds.myredbook.com/uploads/pix/fn/rjpyqd20950yx49p.jpg

Username: 68crystal
http://classifieds.myredbook.com/uploads/pix/yy/nwssmfqqg9f4hr50.jpg
http://classifieds.myredbook.com/uploads/pix/pp/54jr4b29cj9r7x2z.jpg
http://classifieds.myredbook.com/uploads/pix/qj/s0xg2bnzg5zxm624.jpg


3. My Contact Information:
[redacted]
[redacted]@myredbook.com

4. Infringers Contact Information:
Contact information is unlisted. Site is hosted in Germany with
anonymous registration.
http://www.sfxescorts.com/contactus.html

5. I have a good faith belief that use of the copyrighted materials
described above on the allegedly infringing web pages is not
authorized by the copyright owner, its agent, or the law.

6. I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

Sincerely,

{S}

[redacted]
myredbook.com
Phone: [redacted]
Email: [redacted]@myredbook.com

 
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.


Topic maintained by Chilling Effects

Topic Frequently Asked Questions (and Answers)
Chilling Effects Clearinghouse - www.chillingeffects.org
disclaimer / privacy / about us & contacts