Digital Millennium Copyright Act - Google Code Search
It is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act (the text of which
can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov)
and other applicable intellectual property laws. Responses may include
removing or disabling access to material claimed to be the subject
of infringing activity and/or terminating subscribers. 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 they may make a counter notification pursuant to
sections 512(g)(2) and (3) of that Act. It is our policy to document
all notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org). You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Infringement
Notification for Google Code Search |
To file a notice of infringement with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) 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. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for
more information), a company that sent an infringement notification
seeking removal of online materials that were protected by the fair
use doctrine was ordered to pay such costs and attorneys fees. The
company agreed to pay over $100,000. Accordingly, if you are not sure
whether material available online infringes your copyright, we suggest
that you first contact an attorney.
To expedite our ability to process your request, please use the following
format (including section numbers):
1. Identify in sufficient detail
the copyrighted work that you believe has been infringed upon (for
example, "The copyrighted
work at issue is the image that appears on http://www.google.com/gn/shared/12345678910111213141516/test")
or other information sufficient to specify the copyrighted work being
infringed (for example, "The copyrighted work at issue is the “Touch
Not This Cat” by Dudley Smith, published by Smith Publishing,
ISBN #0123456789").
2. Identify the material that you claim is infringing
the copyrighted work listed in item #1 above.
FOR CODE SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY
LINKS TO THE FILE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This
requires you to provide (a) the search query that you used, and (b)
the URL for each allegedly infringing search result.
For example, suppose (hypothetically) that you conducted
a search using the query "hello",
and found that the third result links to a code file that you believe infringes
the copyrighted text you identified in item #1 above. In this case, you would
provide the following information:
3. Provide information reasonably sufficient to permit Google
to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Google
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. Send the written communication to the following address:
Google, Inc.
Attn: Google Legal Support, Code Search DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, DMCA Code Search
Complaints
The administrator of an affected site or the provider of affected
content may make a counter notification pursuant to sections 512(g)(2)
and (3) of the Digital Millennium Copyright Act. When we receive a
counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written
communication (by fax or regular mail -- not by email, except by prior
agreement) 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 not infringing
the copyrights of others. Accordingly, if you are not sure whether
certain material infringes the copyrights of others, we suggest that
you first contact an attorney. A sample counter notification may be
found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please
use the following format (including section numbers):
1. Identify the specific URLs or other unique identifying
information of material that Google has removed or to which Google
has disabled access.
2. Provide your name, address, telephone number, email address,
and a statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located (or
Santa Clara County, California if your address is outside of the United
States), and that you will accept service of process from the person
who provided notification under subsection (c)(1)(C) or an agent of
such person.
3. Include the following statement: "I
swear, under penalty of perjury, that I have a good faith belief
that each search result, message, or other item of content identified
above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled, or that the material identified
by the complainant has been removed or disabled at the URL identified
and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following
address:
Google, Inc.
Attn: Google Legal Support, Code Search DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, DMCA Code Search Counter
Notification
For any additional questions regarding the DMCA process for Code Search please contact us at removals at google dot com or (650) 214 - 4053.
Many Google Services do not have account
holders or subscribers. For Services that do, Google will, in appropriate
circumstances, terminate repeat infringers. If you believe that an
account holder or subscriber is a repeat infringer, please follow
the instructions above to contact Google and provide information
sufficient for us to verify that the account holder or subscriber
is a repeat infringer. |