Ionblade 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.
To expedite our ability to process your request, please use the
following format (including section numbers):
-
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 http://www.Ionblade.com/tos") 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").
-
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:
http://www.thewebsite.com/directory/
http://www.thewebsite.com/something/blah.html
-
Provide information reasonably sufficient to permit us to contact you.
-
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).
-
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."
-
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."
- Sign the paper.
-
If via postal mail, send the written communication to the following
address:
ionBLADE
Attn: Abuse Department, DMCA Complaint
133 North Altadena Drive Suite 402
Pasadena, CA 91107
United States of America
OR fax to:
(747) 234 4430, Attn: Abuse Department, DMCA Complaint
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)]