DMCA Provisions

This system operates within the provisions of the Digital Millenium Copyright Act (DMCA) including Section 512, which provides a "safe harbor" provision for the system administrators and owners.

If you believe that material has been posted on this system in violation of your Copyright or other proprietary rights, you are strongly urged to file a "takedown request" under the DMCA.

This document sets forth the requirements for filing such a complaint, where and how service may be performed, and what the owner and operator of this system will do upon receipt of such complaints.

While you may access the Copyright Office's records and send a paper complaint the use of electronic mail will typically result in a much faster response to initiation and possible resolution of your complaint.

Electronic service is accepted via electronic mail to:

dmca@denninger.net

Please be aware that under the Digital Millenium Copyright Act electronic mail complaints are not legally binding and must be followed up with a formal complaint in written form as formal DMCA complaints must contain a sworn statement under penalty of perjury in a specific format. Electronic mail complaints will be replied to with a surface address where paper copies may be sent or, if you are capable of issuing digitally signed materials, a means of doing so in authenticated form.

If you receive a spam intercept notice, please read it; it will tell you how to override the spam filtering system.

Please include all of an email address, voice and a fax number in your original communication; while none of these are required under the DMCA (a purely written complaint is sufficient under the law) in the interest of the fastest possible response to your complaint it is strongly recommended that you transmit your complaint electronically and include both a return email address plus a voice number to ensure the speediest possible response.

DMCA complaints must contain all of the following in order to be acted upon in accordance with the Digital Millenium Copyright Act. Complaints lacking one or more of the following items WILL BE RETURNED as they do not comport with the legal requirements of the act.

1. The name, address, and electronic (or actual) signature of the complaining party.[512(c)(3)(A)(i)]
2. The infringing materials and their specific location on the system using a reference link or other information sufficient to locate the materials in specificity. Each posting on the system has a "Permalink" displayed that is unique to each individual message; inclusion of this in your complaint is sufficient to meet the requirements of the statute. [512(c)(3)(A)(ii-iii)]
3. Sufficient information to identify, with certainty, the alleged infringing works [512(c)(3)(A)(iv)]
4. A statement by the owner of the Copyright of a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)]
5. A statement of the accuracy of the notice and, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner [512(c)(3)(A)(vi)].
6. It is strongly suggested (although not required by the statute) that a landline telephone number for the complaining party be included in the complaint in order to expedite resolution of any ambiguity or defect in the complaint as tendered.

Once notice is given under these provisions the system owner will act expeditiously to remove or disable access to the material(s) in question. In addition, the user who posted the material will be notified of this action contemporary with its effective time and date.

A user who has material disabled or removed and believes that this material is in fact covered by "Fair Use" or is in some other way properly being used, and is not in violation of the requirements of the DMCA, may provide a "counter notice." A proper "counter-notice" must provide the following:

1. The poster's name, address, phone number, and physical or electronic signature [512(g)(3)(A)]
2. Identification of the material and its location before removal [512(g)(3)(B)]
3. A statement under penalty of perjury that the material was removed in error or by misidentification [512(g)(3)(C)]
4. Consent to federal court jurisdiction for adjudication of the matter, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

This counter-claim notice will be expeditiously forwarded to the complaining party.

Under the law, should a proper counter-notice be provided, the system owneris required to restore the alleged infringing material in 14 days unless the claiming Copyright Holder brings suit within that time in a federal district court.

The DMCA provides that a complaining party may subpoena the identification of a user.

It is the policy of the system owners to comply with all subpoenas and other judicial process which are enforceable within the United States State of Florida, County of Okaloosa.

Therefore, should such a document be received, the system owners will provide to the subpoenaing party all identification information requested that it has in its possession. It is our policy to charge all subpoeaning parties the statutory and/or lawfully-allowed research and document production fee.

Please be aware that as this system operates without fee to the user in the base case there may be no billing records available. It is thus somewhat likely that the "best and only" conclusive evidence of a user's identity will be the IP address(es) from which access to the forum has been made and their registered email address.

As per the Terms of Service (which can be found in the forum FAQ) repeat infringers will have their access to the forum denied.

CAUTION: Under the DMCA any person knowingly making false claims in either a DMCA Takedown Notice or Counterclaim is liable for all damages, costs and fees, including but not limited to attorneys costs, incurred by the party harmed by the misrepresentation.

It is the policy of the system owners to respond aggressively to false claimants.