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Sample Copyright Complaint Steps

Meade’s PC Repair Shop requires DMCA notices to be filed via fax or letter. The complaint must include
full contact information in the complaint (including phone number). We will
call and verify. Email (unless digitally signed by a verified and trusted third
party) is not an acceptable medium for legal complaints. This ticket system has
received what appears to be a possible DMCA complaint, but one or more of the
following are missing: (a) the complaint does not contain sufficient
information (b) the format of the complaint is inconsistent with the
requirements of the DMCA (c) the complaint has been submitted via email without
proper authentication (d) full contact information is missing. We will need you
to re-submit your claim, using the proper format, including sufficient details,
via postal mail or fax. Instructions on how to do so follow.

It is our policy to
respond to clear notices of alleged copyright infringement. This response
describes the information that should be present in these notices. It is
designed to make submitting notices of alleged infringement to us as
straightforward as possible while reducing the number of notices that we
receive that are fraudulent or difficult to understand or verify. The form of
notice specified below is consistent with the form suggested by the United
States Digital Millennium Copyright Act (the text of which can be found at the
U.S. Copyright Office Web Site, 
http://www.copyright.gov) but we will respond to notices of this form
from other jurisdictions as well.

To file a notice of infringement with us, you must provide a written
communication that sets forth the items specified below. Please note that you
will be liable for damages (including costs and attorneys’ fees) if you
materially misrepresent that a product or activity is infringing your
copyrights. Accordingly, if you are not sure whether material available online
infringes your copyright, we suggest that you first contact an attorney.

1.            
Identify in sufficient
detail the copyrighted work that you believe has been infringed upon (for
example, “The copyrighted work at issue is the text that appears on 
https://www.meadespcshop.com/general-terms-of-service/“) or other information sufficient to
specify the copyrighted work being infringed (for example, “The
copyrighted work at issue is ‘Intellectual Property: Valuation, Exploitation,
and Infringement Damages’ by Gordon V. Smith, published by Wiley, ISBN
#047168323X").

2.            
Identify the material
that you claim is infringing the copyrighted work listed in item #1 above. You
must identify each web page that allegedly contains infringing material. This
requires you to provide the URL for each allegedly infringing result, document,
or item.

An example:
Infringing Web Pages:
http://www.thewebsite.com/directory/
http://www.thewebsite.com/something/blah.html

3.            
Provide information
reasonably sufficient to permit us to contact you.

4.            
Provide information,
if possible, sufficient to permit us to notify the owner/administrator of the
allegedly infringing webpage or other content (email address is preferred).

5.            
Include the following
statement: I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorized by the copyright
owner, its agent, or the law.

6.            
Include the following
statement: 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.

7.            
Sign the paper.

8.            
For the fastest
processing and response we ask that DMCA complaints be submitted through our
online form at

http://meadespcshop.com/dmca

While not recommended you may also mail your
request to us at

Meade’s PC Repair Shop, Inc
Attn: Abuse Department, DMCA Complaint
1089 St. Clair Street
Oakwood, VA 24631

United States of America

Please allow routing and scanning time for
mailed DMCA complaints.

Regardless of whether
we may be liable for such infringement under local country law or United States
law, we may respond to these notices by removing or disabling access to material
claimed to infringe and/or terminating users of our services. If we remove or
disable access in response to such a notice, we will make a good-faith attempt
to contact the owner or administrator of the affected site or content so that
the owner or administrator may make a counter notification.

We may also document
notices of alleged infringement on which we act. As with all legal notices, a
copy of the notice may be made available to the public and sent to one or more
third parties who may make it available to the public.

In order to ensure
that copyright owners do not wrongly insist on the removal of materials that
actually do not infringe their copyrights, the safe harbor provisions require
service providers to notify the subscribers if their materials have been
removed and to provide them with an opportunity to send a written notice to the
service provider stating that the material has been wrongly removed. [512(g)]

If a subscriber
provides a proper “counter-notice" claiming that the material does
not infringe copyrights, the service provider must then promptly notify the
claiming party of the individual’s objection. [512(g)(2)] If the copyright
owner does not bring a lawsuit in district court within 14 days, the service
provider is then required to restore the material to its location on its
network. [512(g)(2)(C)]

If it is determined
that the copyright holder misrepresented its claim regarding the infringing
material, the copyright holder then becomes liable to the OSP for any damages
that resulted from the improper removal of the material. [512(f)]

 

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