Difference between revisions of "DMCACompliance"

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# If you are not a registered user  
 
# If you are not a registered user  
## Staff will do its best to evaluate whether the material is likely to be infringing, based upon available information.
+
## Staff will do its best to evaluate whether the material is likely to be infringing, based upon available information, within 72 hours.
 +
## If the material is considered likely infringing, it will be removed using any expedient means,
 
## If appropriate, or needed as a place holder, the offending material will be replaced with a notice indicating that some material has been removed as a possible copyright violation, due to staff concerns.  
 
## If appropriate, or needed as a place holder, the offending material will be replaced with a notice indicating that some material has been removed as a possible copyright violation, due to staff concerns.  
  
 
=== Rationale ===
 
=== Rationale ===
 
s a coporation established in the United States, Soylent News PBC is subject to US law. This includes the DMCA, whose provisions govern how we must handle content posted publicly by our users that is known to be, or suspected to be, in violation of a US copyright held by another entity.
 
 
The next section describes how we will handle such cases. For a deeper understanding of why we have found it necessary to adopt these policies, please read the section below
 
s a coporation established in the United States, Soylent News PBC is subject to US law. This includes the DMCA, whose provisions govern how we must handle content posted publicly by our users that is known to be, or suspected to be, in violation of a US copyright held by another entity.
 
 
The next section describes how we will handle such cases. For a deeper understanding of why we have found it necessary to adopt these policies, please read the section below
 
s a coporation established in the United States, Soylent News PBC is subject to US law. This includes the DMCA, whose provisions govern how we must handle content posted publicly by our users that is known to be, or suspected to be, in violation of a US copyright held by another entity.
 
 
The next section describes how we will handle such cases. For a deeper understanding of why we have found it necessary to adopt these policies, please read the section below
 
s a coporation established in the United States, Soylent News PBC is subject to US law. This includes the DMCA, whose provisions govern how we must handle content posted publicly by our users that is known to be, or suspected to be, in violation of a US copyright held by another entity.
 
 
The next section describes how we will handle such cases. For a deeper understanding of why we have found it necessary to adopt these policies, please read the section below
 

Revision as of 17:41, 27 September 2015

Parent: SoylentNews Site Policy

Soylent News Policy In Compliance With The Digital Millenium Copyright Act (DMCA)

MediaWiki

Preface

As a coporation established in the United States, Soylent News PBC is subject to US law. This includes the DMCA, whose provisions govern how we must handle content posted publicly by our users that is known to be, or suspected to be, in violation of a US copyright held by another entity.

In order to take advantage of what is called the 'Safe Harbor' provisions of the DMCA, which limit monetary damages to us in case one of our users posts copyrighted material, we have followed the provisions of that law and registered the requiired infomation with the copyright office. A copy of that registration and the required contact infomration it contains (our 'designated DMCA Agent') may be found on the US Copyright Office site here (pdf).

The next section describes how we will handle such cases. For a deeper understanding of why we have found it necessary to adopt these policies, please read the section below titled #Rationale.

User Policy

There are two slightly different situations where action is required by the DMCA in regards to possible copyright violations which come to our attention.

1. We receive a formal DMCA Notice

In this case our actions are almost completely dictated by the law itself.

  1. If you are a registered user
    1. We will try to contact you through the email address you are registered under and ask you to remove the material
    2. If this is not done within 24 hours of when we receive the DMCA notice, we will remove the material ourselves, using any expedient means, which may include a direct database edit, resetting the password on your account so we can edit it and sending you a password reset email, or other means as required.
    3. If appropriate, or needed as a place holder, the offending material will be replaced with a notice indicating that some material has been removed as a possible copyright violation, due to a formal DMCA request.
  2. If you are not a registered user
    1. We will remove the material as soon as is technically possible, and leave in its place a note indicating material has been removed as a possible copyright violation, due to a formal DMCA request.
  3. In the event of a dispute, the user is required by law to follow the formal DMCA provisions and file a DMCA compliant 'Counter Notification'
  4. The form of a counter notification is described below, as directly quoted from the law.
    • (3) CONTENTS OF COUNTER NOTIFICATION.—To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
      • (A) A physical or electronic signature of the subscriber.
      • (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.
      • (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.
      • (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 of such person.
  1. In the event a properly written counter notification is received, staff will evaluate it on its merits and decide whether to restore the material, (no sooner than 10 days nor later than 14 days as required by law) and send a copy to the entity which filed the DMCA complaint (as required by law) OR, to not restore it.
  2. Please understand that the next step in the event of a restoration is likely a legal case brought by the DMCA filer. Due to our extremely limited means, we are likely to take a very cautious approach at such times, and are specifically protected in this by the safe harbor provisions of the DMCA itself.

2. A possible copyright violation is brought to our attention by any other means

In this case we have somewhat more flexibility. We are not required to actively seek knowledge of copyright violations by our users, and do not have any practical technical means to do so. However, the law does require that if we become aware of facts or circumstances from which infringing activity is apparent we must act expeditiously to remove, or disable access to, the material.

In this case:

  1. If you are a registered user
    1. We will try to contact you through the email address you are registered under and ask you to remove the material, establish that it is a clear 'fair use' of the material, that it is in fact not in copyright, or that you hold the copyright.
    2. No more than 7 days will be allowed for a reply.
    3. If no reply is received within several days, we MAY but are not required to, try to contact you through other means such as a comment left on your journal or in the main site comments.
    4. After receipt of your reply, or no later than 7 days if attempts to contact you or receive a reply have been unsuccessful, staff will evaluate the likelihood that the material is infringing, and either decide it is likely not, or remove the material ourselves, using any expedient means, which may include a direct database edit, resetting the password on your account so we can edit it and sending you a password reset email, or by other means as required.
    5. If appropriate, or needed as a place holder, the offending material will be replaced with a notice indicating that some material has been removed as a possible copyright violation, due to staff concerns.
  1. If you are not a registered user
    1. Staff will do its best to evaluate whether the material is likely to be infringing, based upon available information, within 72 hours.
    2. If the material is considered likely infringing, it will be removed using any expedient means,
    3. If appropriate, or needed as a place holder, the offending material will be replaced with a notice indicating that some material has been removed as a possible copyright violation, due to staff concerns.

Rationale