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Old 12-24-2010, 04:10 PM  
VGeorgie
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Join Date: Nov 2008
Posts: 359
Quote:
Originally Posted by Spudstr View Post

If you read the actual laws for DMCA you have to provide proof you do in fact hold the copyright.
You're misinformed. The law says no such thing (feel free to quote from the law if you insist otherwise). You must claim, under penalty of perjury, that your statement is true and accurate, but it says nothing about "proving" you hold the copyright, because such proof is subjective and inconclusive.

In addition, the DMCA *does* say that if the takedown notice substantially complies with the requirements the offending party must take action. Oron and some of the others are ignoring or rejecting valid DMCA based on one or two inconsequential issues missing, like providing a valid email and physical address, but not phone number. The law merely states you must provide sufficient information for them to contact you, if that's required.

The DMCA requires that to be covered by safe harbor the ISP or service must have on file with the Copyright Office the name and full contact information of the service's designated agent. Most of these services don't comply at all with this or provide bogus information (wanting to remain anonymous), and that in itself makes them ineligible for safe harbor ("The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent...)."
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