Mistake Notice
Oh, I mispelled my e-mail address. Here's a good version:
The allowed Edit time on this forum is set way too short.
From what I understand (and I could be wrong), an ISP does not have to provide the identity of the individual that initiated the takedown notice.
The ISP is legally obligated to take down ONLY the identified material that purportedly violates copyright. They're also supposed to do due diligence on the validity of the complaint, but most don't. You can file a DMCA counter notice if you believe that the original notice is in error, or frivolous, and in fact, you own all the material being questioned.
A DMC takedown notice is one of the few instances where it is assumed that you are guilty unless proven innocent. Both it and the associated counter notice are serious legal challenges, and should not be entered into lightly. That's why, if there's an issue, you usually contact someone first and ask them to remove disputed material.
Speaking of Mistakes
While on this thread I happened to take a tour of the website at compdecon.org and spotted a link error that you'll want to repair.
At the far right of the main menu bar "InfoAge" has a .prg where it should have a .org.
NICE WEBSITE!
I can promise you with 100% certainty that the "Radio Sheriff" is also the "Internet Sheriff" and your pirate radio page looked strikingly similar to a sheet he made up about a year ago. Of course, you're probably not allowed to see his page where he lists the difference between pirate and Part 15 radio as it's probably stashed on his site only viewable by the chosen. But I must admit that it did look and read very similar to his page, and I can promise you that as sure as there's an "X" in Christmas, he's the one who sent the takedown notice, as he has a two page small print rules sheet about reading his website and how he will hunt down and destroy anyone who uses or posts anything that is on his site.
So the question is, did he find it here, and then go too your site, or did he stumble on it on your site himself?
But to be honest, your pirate page seemed like a pretty close copy of his pirate vs part 15 page.
And yes, he's the kind of guy who would never contact you first. He'd take the full blown legal approach.
And yes, many ISP's panic in these situations and not wanting to risk anything bad happening to them, will immediately pull a website.
TIB
So here the pop-up from the part15.org website:
I got this pop up a couple of times too!
Once I filled in the thing and it let my post through. one other time I was actually logged out and when I logged in again it was fine.
Didn't care about it any more.
Can someone fill me in....what is a DMCA notice?
Not as savvy about this computer language lol!
Tim,
Guess I need to live in the real world - Where I come from, a polite comment goes a long way.
SP
That could be from a number of issues. I've noticed several site lockouts today from various IP's.
I've gotten it in the past - I just turned off my VPN and had no further issues.
It could be that you entered your password wrong several times and the site locked you out temporarily.
You obviously were able to post again, so the lockout was just temporary.
Rest assured, this was just a coincidence, and had nothing to do with your DMCA takedown notice.
The DMCA
Mark raises hand and asks: "What is DMCA?"
Stands for Digital Millennium Copyright Act
DMCA - Digital Millenium Copyright Act. It's one of the more draconian laws in the U.S. Someone who feels that their copyrighted work has been duplicated without permission can issue what is known as a takedown notice, and an ISP is legally obligated to remove the material from a website. It also happens quite frequently on Usenet, and the Usenet provider is obligated to remove the content from their news servers.
It's only applicable within the U.S., but some ISP's in other countries honor (for whatever reason) DMCA takedown notices.
If you, as the receiver of a takedown notice, feels that it was issued in error and was wrong, or frivolous (and there are a lot of those), you can issue a DMCA Counter Notice, essentially claiming copyright yourself (i.e., the material originated from you). At that point, the issue could go to court.
Generally, in most cases, the individual or company that felt its copyright violated would contact the suspected violator with the problem, and there would be an opportunity to remove the material without legal intervention. But there are a lot of unreasonable people 'out there', with various motivations other than to protect their intellectual property, and a lot of the time they get away with the hammer approach, even if they're in the wrong. Copyright is pretty specific, and unless you directly copy something, 'similar' isn't good enough.
Unfortunately this law requires the accused to prove innocence after the fact, and to most people it isn't worth the hassle or the money to object.
If it does turn out to be the Radio Sheriff, I would not find it surprising.
http://antiqueradios.com/forums/viewtopic.php?f=2&t=346114
A few posts down he defends this practice (amongst others). However, I find it rather sad that someone who claims to want to build up the hobby would take such great delight in helping to tear it down.
Thanks Carl.....quite complicated!
So how does Spareparts fit in all this? What happened to cause this copyright infringement just posting on this forum?
Good to know for my own information.
Mark,
Basically, I was preemptively indicating that the Part 15 station I helped build at a non-profit was not a pirate and completely legitimate.
Decided to seek the advise of our peers on putting the best foot forward , and in the process, ran afoul of another supposed proponent of Part 15 broadcasting.
SP
OK thanks.
By the way got that pop up again!
"While on this thread I happened to take a tour of the website at compdecon.org and spotted a link error that you’ll want to repair.
At the far right of the main menu bar “InfoAge” has a .prg where it should have a .org."
Carl,
Thank you for the compliment and for catching that! Much appreciated.
SP