i need a dcma written can someone help?

Discussion in 'Legal Issues' started by xharrisonx, Oct 6, 2006.

  1. #1
    i posted a thread yesterday about how someone hacked my friend and stole our script. Since the kid changed the script around there is no way to prove its mine unless i can get a DCMA,

    if anyone knows how i could write a DCMA or get some sort of template i would appreciate it.
    thanks
    harrison
     
    xharrisonx, Oct 6, 2006 IP
  2. Michael

    Michael Raider

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    #2
    Michael, Oct 6, 2006 IP
  3. xharrisonx

    xharrisonx Peon

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    #3
    thanks so much,
     
    xharrisonx, Oct 6, 2006 IP
  4. fathom

    fathom Well-Known Member

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    #4
    Be advised - According to DMCA Title 2 (if you are considering a host service provider "takedown" of the alleged infringement unless they (host) have to be registered with the Copyright Office to be afforded protection (a designated officer) - if not your takedown order is meaningless.

    Title 2 has nothing to do with preserving your rights - its a safe harbor from you suing them (the host or other service provider) or "preserves their rights" but only if they are registered.

    In the case of search engines they will "comply" and Google specifically will notify the party - and they have the right to counterclaim.

    Be forewarned that a "takedown order" is meaningless without registration of the work with the Copyright Office as if counter claimed - you have 14 days to file court action and you cannot file "unless you have registered first".

    You can "bluff" and get away with it (e.g. the host removing or the 'kid' being intiminated by the claim - but it is "a legal bluff"... if the script is that important - register it (for $45 it's worth every penny).
     
    fathom, Oct 7, 2006 IP
  5. xharrisonx

    xharrisonx Peon

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    #5
    since i know very little about the law pls explain what exactly that means
    thanks
    harrison
     
    xharrisonx, Oct 7, 2006 IP
  6. fathom

    fathom Well-Known Member

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    #6
    Most DMCA claims are bogus. If fact 33% of all claims would never hold up in court had they actually gone to court.

    This isn't to say that you or they are not the rightful copyright holder just that you should be prepared to preserve your rights in a court of law and the only way you can do that is by registering your material first.

    If you don't and the alleged infringer calls your bluff - you "must go to court" or you have just given them the right to keep using with your blessing as your lack of "inaction after-the-fact" is suggestive that your claim isn't as strong as you originally represented.
     
    fathom, Oct 7, 2006 IP
  7. xharrisonx

    xharrisonx Peon

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    #7
    thanks so much,
    if thats the case how can i enforce stolen content than?
    thanks
    harrison
     
    xharrisonx, Oct 7, 2006 IP
  8. fathom

    fathom Well-Known Member

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    #8
    "Enforce"? Register with your Copyright Office and then proceed. This way you have sustain a burden of proof.

    In the case of your infringing friend you can likely bluff your way - but all it takes is a 30 second record search to call your bluff... and then your only way forward is registering anyway, hiring an attorney, and they go to court for you.

    The law "is" on your side but "protection" is a legal matter and not a search engine or hosting service matter.
     
    fathom, Oct 8, 2006 IP