AFTL-FAQ Maintainer
2004-01-16 23:47:06 UTC
I have been receiveing emails once agian, obviousy being started,
since I see the FELON has been released from prison again, Kristofer D
Danner, who has been convicted of felony crimes as follows: Cable
Theft, Impersonating Police Officers, Impersonating Attorney General
Employees, and numerous other felonies.
Kristofer D Danner has NEVER ORDRRED ANY VIDEOS from me, and is NOT a
CUSTOMER OF MINE, after his criminal activities. He impersonated an
employee of the local cable company, contacted me, because I was
posting messages on the local bulletin boards, saying get rid of
cable, and buy a Digital Broadcast Satellite System. This Kristofer D
Danner, signed up an account on my system, said he was NOT a Law
Enforcement Agent, nor working for one engaged in an act of
entrapment, which UNDER LAW, anyone whos is MUST TRUTHFULLY ANSWER.
He sent me emails, asking me for items that I do NOT SELL, nor keep in
stock. I sold him the items he wanted, I bought out of an electronics
part catalog, that anyone can do, and he used said equipment, in
VIOLATION of the WRITTEN INSTRUCTIONS, for other than Testing purposes
and used them to steal cable.
He falsified the records to access my system, lied to me, and ordered
from me, what he could have easily ordered out of any electronics
magazine. Why? Because he, for some reason, HATES DISABLED AMERICAN
VETERANS trying to make a living selling Digital Satellite Equipment.
His little scam, caused all my computer equipment and my cable boxes,
sitting in boxes, because I didn't subscribe to cable, to be stolen
from me. He BRAGGED AND BRAGGED about his actions. The State Police
had NO CASE, because you can't use a computer to receivfge
unauthorized cable programming wihtout a TV tuner card, and without
being connected to cable.
They destroyed my cable boxes, valued at $600.00 each, and returned
every thing else, after about 1 1/2 years.
The FEDERAL TRADE COMMISSION CLEARLY STATES: Cable Companies can NOT
force subscribers to RENT cable equipment, the customers can OWN their
OWN EQUIPMENT.
Our local cable company seems to think otherwise, and I have filed
numerous complaints with the FTC and FCC about their terrorist
activities.
Cable says Digital Satellite signals are inferior quality, etc., and
we all KNOW, that Digital Satellites have Superior picture and sound,
and better pricing than cable, and YES, Kristofer D Danner, I STILL
SELL both DISH Network and DirecTV Systems.
His mother, Morgan Luciana Danner, who let him live in her basement,
which he called apartment 7, used to be the editor of our Newspaper,
until they found out about the FELONIES her son committed, and she was
FIRED. I guess she now walks the streets in Austin Texas and Kris
still lives in the basement.
I own 2 companies, they sell Personal Care, Dental Care, Nutrutional
Supplements, automotive aftermarket products, and my SOftware company
sells custom built computer systems, hardware and software.
My HOBBY is collecting Traci Lords Material. As such, I came into
contact with the producers of her videos in Canada, Norway, etc.. I
am an authorized Reseller for them. The Retail Boxed Videos sell for
$40.00, they sell for that on the Canadian Distributors web site, and
the copies sell for $25.00. I make NO PROFIT on the sale of these
videos.
I have POSTED LISTS of videos that customers ordered, but then refused
to pay for, that I need to get rid of, because I am cleaning out all
this stuff in my house, and my posting the list, seems to make people
think my SOLE PURPOSE in life is to SELL Traci Lords Videos.
MY FAQ site has the links to the COMAPNIES SELLING the Videos, DVDs,
etc..
I RESELL these videos, that is all I do, I do not charge one cent more
for them than I pay for them.
TRADING - ONCE AGAIN, I WILL TRADE ONE RETAIL BOXED VHS VIDEO FOR ONE
RETAIL BOXED VIDEO I DO NOT HAVE. Can you PEOPLE UNDERSTAND THAT? I
will trade for Laserdiscs I don't have. I am NOT a video trader, and
do NOT trade videos with people.
There is a person, I can post his name and address in this newsgroup,
I did it where it belongs, in the video trading newsgroup. He sent me
3 videos in trade for 3 Rene Summer videos. What he sent me is
unviewable, the picture is not clear and looks like about a 300th
generation copy. I told him of this and said I would return the tapes
to him for better versions, I never offered to trade for copies, I
sent him the list of Retail Tapes I have, he sent COPIES, because he,
I guess can't READ. I guess I will post a screen capture from the
video and let you see it, hey if you think it's a good video, pay for
the shipping and it's yours....
Let's talk about posting to the newsgroups.
Go to a search engine and find the FAQ on Posting to Usenet
Newsgroups. It tells you how to post. BEFORE posting to a newsgroup,
see if it hasd a FAQ. Go to the rtfm.mit.edu web site, searh usenet
groups by name, the name of the newsgroup and get the FAQ, read it,
and follow the directions. WHAT? YES, USENET POSTING RULES, READ the
FAQ on the rtfm.mit.edu FAQ Server. Not some users web site on
mindspring.com.
Usenet Rules, posting anything claiming it is the FAQ to the
newsgroup, and that FAQ is not approved by usenet admin, is the
HIGHEST FORM of ABUSE.
The Traci Lords Newsgroup FAQ, as approved by usenet news admin, is
posted every 30 days to alt.fan.traci-lords,
alt.binaries.erotica.traci-lords, and news.admin newsgroups.
That FAQ is on the mirrors of the FAQ server, www.faqs.org as one
example.
The HTML version can always be found at: http://aftlfaq.gotoo.com
The FAQ is Intellectual Property Copyright by me, and the Digital
Copyright is mine. ANYONE else using ANY FORM oF THAT Publication,
which includes the NAME, etc., is violating my Copyright, and needs to
be reported to their ISP, in this case, Earthlink.net and net-abuse
newsgroups.
I have given NO ONE Permission to use any part of my FAQ. ANyone
doing so is committing the FELONY CRIME of Copyright Infringement.
Following is ON-TOPIC for this posting:
§ 501. Infringement of copyright3
(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 121 or of the author as
provided in section 106A(a), or who imports copies or phonorecords
into the United States in violation of section 602, is an infringer of
the copyright or right of the author, as the case may be. For purposes
of this chapter (other than section 506), any reference to copyright
shall be deemed to include the rights conferred by section 106A(a). As
used in this subsection, the term "anyone" includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require
such owner to serve written notice of the action with a copy of the
complaint upon any person shown, by the records of the Copyright
Office or otherwise, to have or claim an interest in the copyright,
and shall require that such notice be served upon any person whose
interest is likely to be affected by a decision in the case. The court
may require the joinder, and shall permit the intervention, of any
person having or claiming an interest in the copyright.
(c) For any secondary transmission by a cable system that embodies a
performance or a display of a work which is actionable as an act of
infringement under subsection (c) of section 111, a television
broadcast station holding a copyright or other license to transmit or
perform the same version of that work shall, for purposes of
subsection (b) of this section, be treated as a legal or beneficial
owner if such secondary transmission occurs within the local service
area of that television station.
(d) For any secondary transmission by a cable system that is
actionable as an act of infringement pursuant to section 111(c)(3),
the following shall also have standing to sue: (i) the primary
transmitter whose transmission has been altered by the cable system;
and (ii) any broadcast station within whose local service area the
secondary transmission occurs.
(e) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network station holding a copyright or other
license to transmit or perform the same version of that work shall,
for purposes of subsection (b) of this section, be treated as a legal
or beneficial owner if such secondary transmission occurs within the
local service area of that station.
(f)(1) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or
other license to transmit or perform the same version of that work
shall, for purposes of subsection (b) of this section, be treated as a
legal or beneficial owner if such secondary transmission occurs within
the local market of that station.
(2) A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that
television broadcast station's rights under section 338(a) of the
Communications Act of 1934.
§ 502. Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28,
grant temporary and final injunctions on such terms as it may deem
reasonable to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United States on
the person enjoined; it shall be operative throughout the United
States and shall be enforceable, by proceedings in contempt or
otherwise, by any United States court having jurisdiction of that
person. The clerk of the court granting the injunction shall, when
requested by any other court in which enforcement of the injunction is
sought, transmit promptly to the other court a certified copy of all
the papers in the case on file in such clerk's office.
§ 503. Remedies for infringement: Impounding and disposition of
infringing articles
(a) At any time while an action under this title is pending, the court
may order the impounding, on such terms as it may deem reasonable, of
all copies or phonorecords claimed to have been made or used in
violation of the copyright owner's exclusive rights, and of all
plates, molds, matrices, masters, tapes, film negatives, or other
articles by means of which such copies or phonorecords may be
reproduced.
(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner's exclusive rights, and of all plates, molds,
matrices, masters, tapes, film negatives, or other articles by means
of which such copies or phonorecords may be reproduced.
§ 504. Remedies for infringement: Damages and profits4
(a) In General.-Except as otherwise provided by this title, an
infringer of copyright is liable for either-
(1) the copyright owner's actual damages and any additional profits of
the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits.-The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable
to the infringement and are not taken into account in computing the
actual damages. In establishing the infringer's profits, the copyright
owner is required to present proof only of the infringer's gross
revenue, and the infringer is required to prove his or her deductible
expenses and the elements of profit attributable to factors other than
the copyrighted work.
(c) Statutory Damages.-
(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or
for which any two or more infringers are liable jointly and severally,
in a sum of not less than $750 or more than $30,000 as the court
considers just. For the purposes of this subsection, all the parts of
a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of
proving, and the court finds, that infringement was committed
willfully, the court in its discretion may increase the award of
statutory damages to a sum of not more than $150,000. In a case where
the infringer sustains the burden of proving, and the court finds,
that such infringer was not aware and had no reason to believe that
his or her acts constituted an infringement of copyright, the court in
its discretion may reduce the award of statutory damages to a sum of
not less than $200. The court shall remit statutory damages in any
case where an infringer believed and had reasonable grounds for
believing that his or her use of the copyrighted work was a fair use
under section 107, if the infringer was: (i) an employee or agent of a
nonprofit educational institution, library, or archives acting within
the scope of his or her employment who, or such institution, library,
or archives itself, which infringed by reproducing the work in copies
or phonorecords; or (ii) a public broadcasting entity which or a
person who, as a regular part of the nonprofit activities of a public
broadcasting entity (as defined in subsection (g) of section 118)
infringed by performing a published nondramatic literary work or by
reproducing a transmission program embodying a performance of such a
work.
(d) Additional Damages in Certain Cases.-In any case in which the
court finds that a defendant proprietor of an establishment who claims
as a defense that its activities were exempt under section 110(5) did
not have reasonable grounds to believe that its use of a copyrighted
work was exempt under such section, the plaintiff shall be entitled
to, in addition to any award of damages under this section, an
additional award of two times the amount of the license fee that the
proprietor of the establishment concerned should have paid the
plaintiff for such use during the preceding period of up to 3 years.
§ 505. Remedies for infringement: Costs and attorney's fees
In any civil action under this title, the court in its discretion may
allow the recovery of full costs by or against any party other than
the United States or an officer thereof. Except as otherwise provided
by this title, the court may also award a reasonable attorney's fee to
the prevailing party as part of the costs.
§ 506. Criminal offenses5
(a) Criminal Infringement.-Any person who infringes a copyright
willfully either-
(1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic
means, during any 180-day period, or 1 or more copies or phonorecords
of 1 or more copyrighted works, which have a total retail value of
more than $1,000,
shall be punished as provided under section 2319 of title 18, United
States Code. For purposes of this subsection, evidence of reproduction
or distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.
(b) Forfeiture and Destruction.-When any person is convicted of any
violation of subsection (a), the court in its judgment of conviction
shall, in addition to the penalty therein prescribed, order the
forfeiture and destruction or other disposition of all infringing
copies or phonorecords and all implements, devices, or equipment used
in the manufacture of such infringing copies or phonorecords.
(c) Fraudulent Copyright Notice.-Any person who, with fraudulent
intent, places on any article a notice of copyright or words of the
same purport that such person knows to be false, or who, with
fraudulent intent, publicly distributes or imports for public
distribution any article bearing such notice or words that such person
knows to be false, shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice.-Any person who, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation.-Any person who knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409, or in any written statement
filed in connection with the application, shall be fined not more than
$2,500.
(f) Rights of Attribution and Integrity.-Nothing in this section
applies to infringement of the rights conferred by section 106A(a).
§ 509. Seizure and forfeiture
(a) All copies or phonorecords manufactured, reproduced, distributed,
sold, or otherwise used, intended for use, or possessed with intent to
use in violation of section 506 (a), and all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which
such copies or phonorecords may be reproduced, and all electronic,
mechanical, or other devices for manufacturing, reproducing, or
assembling such copies or phonorecords may be seized and forfeited to
the United States.
(b) The applicable procedures relating to
(i) the seizure, summary and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the
customs laws contained in title 19,
(ii) the disposition of such vessels, vehicles, merchandise, and
baggage or the proceeds from the sale thereof,
(iii) the remission or mitigation of such forfeiture,
(iv) the compromise of claims, and
(v) the award of compensation to informers in respect of such
forfeitures, shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under the provisions of this section,
insofar as applicable and not inconsistent with the provisions of this
section; except that such duties as are imposed upon any officer or
employee of the Treasury Department or any other person with respect
to the seizure and forfeiture of vessels, vehicles, merchandise, and
baggage under the provisions of the customs laws contained in title 19
shall be performed with respect to seizure and forfeiture of all
articles described in subsection (a) by such officers, agents, or
other persons as may be authorized or designated for that purpose by
the Attorney General.
§ 512. Limitations on liability relating to material online9
(a) Transitory Digital Network Communications.-A service provider
shall not be liable for monetary relief, or, except as provided in
subsection (j), for injunctive or other equitable relief, for
infringement of copyright by reason of the provider's transmitting,
routing, or providing connections for, material through a system or
network controlled or operated by or for the service provider, or by
reason of the intermediate and transient storage of that material in
the course of such transmitting, routing, or providing connections,
if-
(1) the transmission of the material was initiated by or at the
direction of a person other than the service provider;
(2) the transmission, routing, provision of connections, or storage is
carried out through an automatic technical process without selection
of the material by the service provider;
(3) the service provider does not select the recipients of the
material except as an automatic response to the request of another
person;
(4) no copy of the material made by the service provider in the course
of such intermediate or transient storage is maintained on the system
or network in a manner ordinarily accessible to anyone other than
anticipated recipients, and no such copy is maintained on the system
or network in a manner ordinarily accessible to such anticipated
recipients for a longer period than is reasonably necessary for the
transmission, routing, or provision of connections; and
(5) the material is transmitted through the system or network without
modification of its content.
(b) System Caching.-
(1) Limitation on Liability.-A service provider shall not be liable
for monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the intermediate and temporary storage of material on a
system or network controlled or operated by or for the service
provider in a case in which-
(A) the material is made available online by a person other than the
service provider;
(B) the material is transmitted from the person described in
subparagraph (A) through the system or network to a person other than
the person described in subparagraph (A) at the direction of that
other person; and
(C) the storage is carried out through an automatic technical process
for the purpose of making the material available to users of the
system or network who, after the material is transmitted as described
in subparagraph (B), request access to the material from the person
described in subparagraph (A), if the conditions set forth in
paragraph (2) are met.
(2) Conditions.-The conditions referred to in paragraph (1) are that-
(A) the material described in paragraph (1) is transmitted to the
subsequent users described in paragraph (1)(C) without modification to
its content from the manner in which the material was transmitted from
the person described in paragraph (1)(A);
(B) the service provider described in paragraph (1) complies with
rules concerning the refreshing, reloading, or other updating of the
material when specified by the person making the material available
online in accordance with a generally accepted industry standard data
communications protocol for the system or network through which that
person makes the material available, except that this subparagraph
applies only if those rules are not used by the person described in
paragraph (1)(A) to prevent or unreasonably impair the intermediate
storage to which this subsection applies;
(C) the service provider does not interfere with the ability of
technology associated with the material to return to the person
described in paragraph (1)(A) the information that would have been
available to that person if the material had been obtained by the
subsequent users described in paragraph (1)(C) directly from that
person, except that this subparagraph applies only if that technology-
(i) does not significantly interfere with the performance of the
provider's system or network or with the intermediate storage of the
material;
(ii) is consistent with generally accepted industry standard
communications protocols; and
(iii) does not extract information from the provider's system or
network other than the information that would have been available to
the person described in paragraph (1)(A) if the subsequent users had
gained access to the material directly from that person;
(D) if the person described in paragraph (1)(A) has in effect a
condition that a person must meet prior to having access to the
material, such as a condition based on payment of a fee or provision
of a password or other information, the service provider permits
access to the stored material in significant part only to users of its
system or network that have met those conditions and only in
accordance with those conditions; and
(E) if the person described in paragraph (1)(A) makes that material
available online without the authorization of the copyright owner of
the material, the service provider responds expeditiously to remove,
or disable access to, the material that is claimed to be infringing
upon notification of claimed infringement as described in subsection
(c)(3), except that this subparagraph applies only if-
(i) the material has previously been removed from the originating site
or access to it has been disabled, or a court has ordered that the
material be removed from the originating site or that access to the
material on the originating site be disabled; and
(ii) the party giving the notification includes in the notification a
statement confirming that the material has been removed from the
originating site or access to it has been disabled or that a court has
ordered that the material be removed from the originating site or that
access to the material on the originating site be disabled.
(c) Information Residing on Systems or Networks at Direction of
Users.-
(1) In General.-A service provider shall not be liable for monetary
relief, or, except as provided in subsection (j), for injunctive or
other equitable relief, for infringement of copyright by reason of the
storage at the direction of a user of material that resides on a
system or network controlled or operated by or for the service
provider, if the service provider-
(A)(i) does not have actual knowledge that the material or an activity
using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously
to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and
(C) upon notification of claimed infringement as described in
paragraph (3), responds expeditiously to remove, or disable access to,
the material that is claimed to be infringing or to be the subject of
infringing activity.
(2) Designated Agent.-The limitations on liability established in this
subsection apply to a service provider only if the service provider
has designated an agent to receive notifications of claimed
infringement described in paragraph (3), by making available through
its service, including on its website in a location accessible to the
public, and by providing to the Copyright Office, substantially the
following information:
(A) the name, address, phone number, and electronic mail address of
the agent.
(B) other contact information which the Register of Copyrights may
deem appropriate.
The Register of Copyrights shall maintain a current directory of
agents available to the public for inspection, including through the
Internet, in both electronic and hard copy formats, and may require
payment of a fee by service providers to cover the costs of
maintaining the directory.
(3) Elements of Notification.-
(A) To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the
designated agent of a service provider that includes substantially the
following:
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site.
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
(B)(i) Subject to clause (ii), a notification from a copyright owner
or from a person authorized to act on behalf of the copyright owner
that fails to comply substantially with the provisions of subparagraph
(A) shall not be considered under paragraph (1)(A) in determining
whether a service provider has actual knowledge or is aware of facts
or circumstances from which infringing activity is apparent.
(ii) In a case in which the notification that is provided to the
service provider's designated agent fails to comply substantially with
all the provisions of subparagraph (A) but substantially complies with
clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this
subparagraph applies only if the service provider promptly attempts to
contact the person making the notification or takes other reasonable
steps to assist in the receipt of notification that substantially
complies with all the provisions of subparagraph (A).
(d) Information Location Tools.-A service provider shall not be liable
for monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the provider referring or linking users to an online
location containing infringing material or infringing activity, by
using information location tools, including a directory, index,
reference, pointer, or hypertext link, if the service provider-
(1)(A) does not have actual knowledge that the material or activity is
infringing;
(B) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(C) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;
(2) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and
(3) upon notification of claimed infringement as described in
subsection (c)(3), responds expeditiously to remove, or disable access
to, the material that is claimed to be infringing or to be the subject
of infringing activity, except that, for purposes of this paragraph,
the information described in subsection (c)(3)(A)(iii) shall be
identification of the reference or link, to material or activity
claimed to be infringing, that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the
service provider to locate that reference or link.
(e) Limitation on Liability of Nonprofit Educational Institutions.-
(1) When a public or other nonprofit institution of higher education
is a service provider, and when a faculty member or graduate student
who is an employee of such institution is performing a teaching or
research function, for the purposes of subsections (a) and (b) such
faculty member or graduate student shall be considered to be a person
other than the institution, and for the purposes of subsections (c)
and (d) such faculty member's or graduate student's knowledge or
awareness of his or her infringing activities shall not be attributed
to the institution, if-
(A) such faculty member's or graduate student's infringing activities
do not involve the provision of online access to instructional
materials that are or were required or recommended, within the
preceding 3-year period, for a course taught at the institution by
such faculty member or graduate student;
(B) the institution has not, within the preceding 3-year period,
received more than 2 notifications described in subsection (c)(3) of
claimed infringement by such faculty member or graduate student, and
such notifications of claimed infringement were not actionable under
subsection (f); and
(C) the institution provides to all users of its system or network
informational materials that accurately describe, and promote
compliance with, the laws of the United States relating to copyright.
(2) For the purposes of this subsection, the limitations on injunctive
relief contained in subsections (j)(2) and (j)(3), but not those in
(j)(1), shall apply.
(f) Misrepresentations.-Any person who knowingly materially
misrepresents under this section-
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or
misidentification,
shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or copyright
owner's authorized licensee, or by a service provider, who is injured
by such misrepresentation, as the result of the service provider
relying upon such misrepresentation in removing or disabling access to
the material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.
(g) Replacement of Removed or Disabled Material and Limitation on
Other Liability.-
(1) No Liability for Taking Down Generally.-Subject to paragraph (2),
a service provider shall not be liable to any person for any claim
based on the service provider's good faith disabling of access to, or
removal of, material or activity claimed to be infringing or based on
facts or circumstances from which infringing activity is apparent,
regardless of whether the material or activity is ultimately
determined to be infringing.
(2) Exception.-Paragraph (1) shall not apply with respect to material
residing at the direction of a subscriber of the service provider on a
system or network controlled or operated by or for the service
provider that is removed, or to which access is disabled by the
service provider, pursuant to a notice provided under subsection
(c)(1)(C), unless the service provider-
(A) takes reasonable steps promptly to notify the subscriber that it
has removed or disabled access to the material;
(B) upon receipt of a counter notification described in paragraph (3),
promptly provides the person who provided the notification under
subsection (c)(1)(C) with a copy of the counter notification, and
informs that person that it will re-place the removed material or
cease disabling access to it in 10 business days; and
(C) replaces the removed material and ceases disabling access to it
not less than 10, nor more than 14, business days following receipt of
the counter notice, unless its designated agent first receives notice
from the person who submitted the notification under subsection
(c)(1)(C) that such person has filed an action seeking a court order
to restrain the subscriber from engaging in infringing activity
relating to the material on the service provider's system or network.
(3) Contents of Counter Notification.-To be effective under this
subsection, a counter notification must be a written communication
provided to the service provider's designated agent that includes
substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a
good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be removed
or disabled.
(D) The subscriber's name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal
District Court for the judicial district in which the address is
located, or if the subscriber's address is outside of the United
States, for any judicial district in which the service provider may be
found, and that the subscriber will accept service of process from the
person who provided notification under subsection (c)(1)(C) or an
agent of such person.
(4) Limitation on Other Liability.-A service provider's compliance
with paragraph (2) shall not subject the service provider to liability
for copyright infringement with respect to the material identified in
the notice provided under subsection (c)(1)(C).
(h) Subpoena to Identify Infringer.-
(1) Request.-A copyright owner or a person authorized to act on the
owner's behalf may request the clerk of any United States district
court to issue a subpoena to a service provider for identification of
an alleged infringer in accordance with this subsection.
(2) Contents of Request-The request may be made by filing with the
clerk-
(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that the purpose for which the
subpoena is sought is to obtain the identity of an alleged infringer
and that such information will only be used for the purpose of
protecting rights under this title.
(3) Contents of Subpoena.-The subpoena shall authorize and order the
service provider receiving the notification and the subpoena to
expeditiously disclose to the copyright owner or person authorized by
the copyright owner information sufficient to identify the alleged
infringer of the material described in the notification to the extent
such information is available to the service provider.
(4) Basis for Granting Subpoena.-If the notification filed satisfies
the provisions of subsection (c)(3)(A), the proposed subpoena is in
proper form, and the accompanying declaration is properly executed,
the clerk shall expeditiously issue and sign the proposed subpoena and
return it to the requester for delivery to the service provider.
(5) Actions of Service Provider Receiving Subpoena.- Upon receipt of
the issued subpoena, either accompanying or subsequent to the receipt
of a notification described in subsection (c)(3)(A), the service
provider shall expeditiously disclose to the copyright owner or person
authorized by the copyright owner the information required by the
subpoena, notwithstanding any other provision of law and regardless of
whether the service provider responds to the notification.
(6) Rules Applicable to Subpoena.-Unless otherwise provided by this
section or by applicable rules of the court, the procedure for
issuance and delivery of the subpoena, and the remedies for
noncompliance with the subpoena, shall be gov-erned to the greatest
extent practicable by those provisions of the Federal Rules of Civil
Procedure governing the issuance, service, and enforcement of a
subpoena duces tecum.
(i) Conditions for Eligibility.-
(1) Accommodation of Technology.-The limitations on liability
established by this section shall apply to a service provider only if
the service provider-
(A) has adopted and reasonably implemented, and informs subscribers
and account holders of the service provider's system or network of, a
policy that provides for the termination in appropriate circumstances
of subscribers and account holders of the service provider's system or
network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical
measures.
(2) Definition.-As used in this subsection, the term "standard
technical measures" means technical measures that are used by
copyright owners to identify or protect copyrighted works and-
(A) have been developed pursuant to a broad consensus of copyright
owners and service providers in an open, fair, voluntary,
multi-industry standards process;
(B) are available to any person on reasonable and nondiscriminatory
terms; and
(C) do not impose substantial costs on service providers or
substantial burdens on their systems or networks.
(j) Injunctions.-The following rules shall apply in the case of any
application for an injunction under section 502 against a service
provider that is not subject to monetary remedies under this section:
(1) Scope of Relief.-(A) With respect to conduct other than that which
qualifies for the limitation on remedies set forth in subsection (a),
the court may grant injunctive relief with respect to a service
provider only in one or more of the fol-lowing forms:
(i) An order restraining the service provider from providing access to
infringing material or activity residing at a particular online site
on the provider's system or network.
(ii) An order restraining the service provider from providing access
to a subscriber or account holder of the service provider's system or
network who is engaging in infringing activity and is identified in
the order, by terminating the accounts of the subscriber or account
holder that are specified in the order.
(iii) Such other injunctive relief as the court may consider necessary
to prevent or restrain infringement of copyrighted material specified
in the order of the court at a particular online location, if such
relief is the least burdensome to the service provider among the forms
of relief comparably effective for that purpose.
(B) If the service provider qualifies for the limitation on remedies
described in subsection (a), the court may only grant injunctive
relief in one or both of the following forms:
(i) An order restraining the service provider from providing access to
a subscriber or account holder of the service provider's system or
network who is using the provider's service to engage in infringing
activity and is identified in the order, by terminating the accounts
of the subscriber or account holder that are specified in the order.
(ii) An order restraining the service provider from providing access,
by taking reasonable steps specified in the order to block access, to
a specific, identified, online location outside the United States.
(2) Considerations.-The court, in considering the relevant criteria
for injunctive relief under applicable law, shall consider-
(A) whether such an injunction, either alone or in combination with
other such injunctions issued against the same service provider under
this subsection, would significantly burden either the provider or the
operation of the provider's system or network;
(B) the magnitude of the harm likely to be suffered by the copyright
owner in the digital network environment if steps are not taken to
prevent or restrain the infringement;
(C) whether implementation of such an injunction would be technically
feasible and effective, and would not interfere with access to
noninfringing material at other online locations; and
(D) whether other less burdensome and comparably effective means of
preventing or restraining access to the infringing material are
available.
(3) Notice and Ex Parte Orders.-Injunctive relief under this
subsection shall be available only after notice to the service
provider and an opportunity for the service provider to appear are
provided, except for orders ensuring the preservation of evidence or
other orders having no material adverse effect on the operation of the
service provider's communications network.
(k) Definitions.-
(1) Service Provider.-(A) As used in subsection (a), the term "service
provider" means an entity offering the transmission, routing, or
providing of connections for digital online communications, between or
among points specified by a user, of material of the user's choosing,
without modification to the content of the material as sent or
received.
(B) As used in this section, other than subsection (a), the term
"service provider" means a provider of online services or network
access, or the operator of facilities therefor, and includes an entity
described in subparagraph (A).
(2) Monetary Relief.-As used in this section, the term "monetary
relief" means damages, costs, attorneys' fees, and any other form of
monetary payment.
(l) Other Defenses Not Affected.-The failure of a service provider's
conduct to qualify for limitation of liability under this section
shall not bear adversely upon the consideration of a defense by the
service provider that the service provider's conduct is not infringing
under this title or any other defense.
(m) Protection of Privacy.-Nothing in this section shall be construed
to condition the applicability of subsections (a) through (d) on-
(1) a service provider monitoring its service or affirmatively seeking
facts indicating infringing activity, except to the extent consistent
with a standard technical measure complying with the provisions of
subsection (i); or
(2) a service provider gaining access to, removing, or disabling
access to material in cases in which such conduct is prohibited by
law.
(n) Construction.-Subsections (a), (b), (c), and (d) describe separate
and distinct functions for purposes of applying this section. Whether
a service provider qualifies for the limitation on liability in any
one of those subsections shall be based solely on the criteria in that
subsection, and shall not affect a determination of whether that
service provider qualifies for the limitations on liability under any
other such subsection.
since I see the FELON has been released from prison again, Kristofer D
Danner, who has been convicted of felony crimes as follows: Cable
Theft, Impersonating Police Officers, Impersonating Attorney General
Employees, and numerous other felonies.
Kristofer D Danner has NEVER ORDRRED ANY VIDEOS from me, and is NOT a
CUSTOMER OF MINE, after his criminal activities. He impersonated an
employee of the local cable company, contacted me, because I was
posting messages on the local bulletin boards, saying get rid of
cable, and buy a Digital Broadcast Satellite System. This Kristofer D
Danner, signed up an account on my system, said he was NOT a Law
Enforcement Agent, nor working for one engaged in an act of
entrapment, which UNDER LAW, anyone whos is MUST TRUTHFULLY ANSWER.
He sent me emails, asking me for items that I do NOT SELL, nor keep in
stock. I sold him the items he wanted, I bought out of an electronics
part catalog, that anyone can do, and he used said equipment, in
VIOLATION of the WRITTEN INSTRUCTIONS, for other than Testing purposes
and used them to steal cable.
He falsified the records to access my system, lied to me, and ordered
from me, what he could have easily ordered out of any electronics
magazine. Why? Because he, for some reason, HATES DISABLED AMERICAN
VETERANS trying to make a living selling Digital Satellite Equipment.
His little scam, caused all my computer equipment and my cable boxes,
sitting in boxes, because I didn't subscribe to cable, to be stolen
from me. He BRAGGED AND BRAGGED about his actions. The State Police
had NO CASE, because you can't use a computer to receivfge
unauthorized cable programming wihtout a TV tuner card, and without
being connected to cable.
They destroyed my cable boxes, valued at $600.00 each, and returned
every thing else, after about 1 1/2 years.
The FEDERAL TRADE COMMISSION CLEARLY STATES: Cable Companies can NOT
force subscribers to RENT cable equipment, the customers can OWN their
OWN EQUIPMENT.
Our local cable company seems to think otherwise, and I have filed
numerous complaints with the FTC and FCC about their terrorist
activities.
Cable says Digital Satellite signals are inferior quality, etc., and
we all KNOW, that Digital Satellites have Superior picture and sound,
and better pricing than cable, and YES, Kristofer D Danner, I STILL
SELL both DISH Network and DirecTV Systems.
His mother, Morgan Luciana Danner, who let him live in her basement,
which he called apartment 7, used to be the editor of our Newspaper,
until they found out about the FELONIES her son committed, and she was
FIRED. I guess she now walks the streets in Austin Texas and Kris
still lives in the basement.
I own 2 companies, they sell Personal Care, Dental Care, Nutrutional
Supplements, automotive aftermarket products, and my SOftware company
sells custom built computer systems, hardware and software.
My HOBBY is collecting Traci Lords Material. As such, I came into
contact with the producers of her videos in Canada, Norway, etc.. I
am an authorized Reseller for them. The Retail Boxed Videos sell for
$40.00, they sell for that on the Canadian Distributors web site, and
the copies sell for $25.00. I make NO PROFIT on the sale of these
videos.
I have POSTED LISTS of videos that customers ordered, but then refused
to pay for, that I need to get rid of, because I am cleaning out all
this stuff in my house, and my posting the list, seems to make people
think my SOLE PURPOSE in life is to SELL Traci Lords Videos.
MY FAQ site has the links to the COMAPNIES SELLING the Videos, DVDs,
etc..
I RESELL these videos, that is all I do, I do not charge one cent more
for them than I pay for them.
TRADING - ONCE AGAIN, I WILL TRADE ONE RETAIL BOXED VHS VIDEO FOR ONE
RETAIL BOXED VIDEO I DO NOT HAVE. Can you PEOPLE UNDERSTAND THAT? I
will trade for Laserdiscs I don't have. I am NOT a video trader, and
do NOT trade videos with people.
There is a person, I can post his name and address in this newsgroup,
I did it where it belongs, in the video trading newsgroup. He sent me
3 videos in trade for 3 Rene Summer videos. What he sent me is
unviewable, the picture is not clear and looks like about a 300th
generation copy. I told him of this and said I would return the tapes
to him for better versions, I never offered to trade for copies, I
sent him the list of Retail Tapes I have, he sent COPIES, because he,
I guess can't READ. I guess I will post a screen capture from the
video and let you see it, hey if you think it's a good video, pay for
the shipping and it's yours....
Let's talk about posting to the newsgroups.
Go to a search engine and find the FAQ on Posting to Usenet
Newsgroups. It tells you how to post. BEFORE posting to a newsgroup,
see if it hasd a FAQ. Go to the rtfm.mit.edu web site, searh usenet
groups by name, the name of the newsgroup and get the FAQ, read it,
and follow the directions. WHAT? YES, USENET POSTING RULES, READ the
FAQ on the rtfm.mit.edu FAQ Server. Not some users web site on
mindspring.com.
Usenet Rules, posting anything claiming it is the FAQ to the
newsgroup, and that FAQ is not approved by usenet admin, is the
HIGHEST FORM of ABUSE.
The Traci Lords Newsgroup FAQ, as approved by usenet news admin, is
posted every 30 days to alt.fan.traci-lords,
alt.binaries.erotica.traci-lords, and news.admin newsgroups.
That FAQ is on the mirrors of the FAQ server, www.faqs.org as one
example.
The HTML version can always be found at: http://aftlfaq.gotoo.com
The FAQ is Intellectual Property Copyright by me, and the Digital
Copyright is mine. ANYONE else using ANY FORM oF THAT Publication,
which includes the NAME, etc., is violating my Copyright, and needs to
be reported to their ISP, in this case, Earthlink.net and net-abuse
newsgroups.
I have given NO ONE Permission to use any part of my FAQ. ANyone
doing so is committing the FELONY CRIME of Copyright Infringement.
Following is ON-TOPIC for this posting:
§ 501. Infringement of copyright3
(a) Anyone who violates any of the exclusive rights of the copyright
owner as provided by sections 106 through 121 or of the author as
provided in section 106A(a), or who imports copies or phonorecords
into the United States in violation of section 602, is an infringer of
the copyright or right of the author, as the case may be. For purposes
of this chapter (other than section 506), any reference to copyright
shall be deemed to include the rights conferred by section 106A(a). As
used in this subsection, the term "anyone" includes any State, any
instrumentality of a State, and any officer or employee of a State or
instrumentality of a State acting in his or her official capacity. Any
State, and any such instrumentality, officer, or employee, shall be
subject to the provisions of this title in the same manner and to the
same extent as any nongovernmental entity.
(b) The legal or beneficial owner of an exclusive right under a
copyright is entitled, subject to the requirements of section 411, to
institute an action for any infringement of that particular right
committed while he or she is the owner of it. The court may require
such owner to serve written notice of the action with a copy of the
complaint upon any person shown, by the records of the Copyright
Office or otherwise, to have or claim an interest in the copyright,
and shall require that such notice be served upon any person whose
interest is likely to be affected by a decision in the case. The court
may require the joinder, and shall permit the intervention, of any
person having or claiming an interest in the copyright.
(c) For any secondary transmission by a cable system that embodies a
performance or a display of a work which is actionable as an act of
infringement under subsection (c) of section 111, a television
broadcast station holding a copyright or other license to transmit or
perform the same version of that work shall, for purposes of
subsection (b) of this section, be treated as a legal or beneficial
owner if such secondary transmission occurs within the local service
area of that television station.
(d) For any secondary transmission by a cable system that is
actionable as an act of infringement pursuant to section 111(c)(3),
the following shall also have standing to sue: (i) the primary
transmitter whose transmission has been altered by the cable system;
and (ii) any broadcast station within whose local service area the
secondary transmission occurs.
(e) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 119(a)(5), a network station holding a copyright or other
license to transmit or perform the same version of that work shall,
for purposes of subsection (b) of this section, be treated as a legal
or beneficial owner if such secondary transmission occurs within the
local service area of that station.
(f)(1) With respect to any secondary transmission that is made by a
satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or
other license to transmit or perform the same version of that work
shall, for purposes of subsection (b) of this section, be treated as a
legal or beneficial owner if such secondary transmission occurs within
the local market of that station.
(2) A television broadcast station may file a civil action against any
satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that
television broadcast station's rights under section 338(a) of the
Communications Act of 1934.
§ 502. Remedies for infringement: Injunctions
(a) Any court having jurisdiction of a civil action arising under this
title may, subject to the provisions of section 1498 of title 28,
grant temporary and final injunctions on such terms as it may deem
reasonable to prevent or restrain infringement of a copyright.
(b) Any such injunction may be served anywhere in the United States on
the person enjoined; it shall be operative throughout the United
States and shall be enforceable, by proceedings in contempt or
otherwise, by any United States court having jurisdiction of that
person. The clerk of the court granting the injunction shall, when
requested by any other court in which enforcement of the injunction is
sought, transmit promptly to the other court a certified copy of all
the papers in the case on file in such clerk's office.
§ 503. Remedies for infringement: Impounding and disposition of
infringing articles
(a) At any time while an action under this title is pending, the court
may order the impounding, on such terms as it may deem reasonable, of
all copies or phonorecords claimed to have been made or used in
violation of the copyright owner's exclusive rights, and of all
plates, molds, matrices, masters, tapes, film negatives, or other
articles by means of which such copies or phonorecords may be
reproduced.
(b) As part of a final judgment or decree, the court may order the
destruction or other reasonable disposition of all copies or
phonorecords found to have been made or used in violation of the
copyright owner's exclusive rights, and of all plates, molds,
matrices, masters, tapes, film negatives, or other articles by means
of which such copies or phonorecords may be reproduced.
§ 504. Remedies for infringement: Damages and profits4
(a) In General.-Except as otherwise provided by this title, an
infringer of copyright is liable for either-
(1) the copyright owner's actual damages and any additional profits of
the infringer, as provided by subsection (b); or
(2) statutory damages, as provided by subsection (c).
(b) Actual Damages and Profits.-The copyright owner is entitled to
recover the actual damages suffered by him or her as a result of the
infringement, and any profits of the infringer that are attributable
to the infringement and are not taken into account in computing the
actual damages. In establishing the infringer's profits, the copyright
owner is required to present proof only of the infringer's gross
revenue, and the infringer is required to prove his or her deductible
expenses and the elements of profit attributable to factors other than
the copyrighted work.
(c) Statutory Damages.-
(1) Except as provided by clause (2) of this subsection, the copyright
owner may elect, at any time before final judgment is rendered, to
recover, instead of actual damages and profits, an award of statutory
damages for all infringements involved in the action, with respect to
any one work, for which any one infringer is liable individually, or
for which any two or more infringers are liable jointly and severally,
in a sum of not less than $750 or more than $30,000 as the court
considers just. For the purposes of this subsection, all the parts of
a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of
proving, and the court finds, that infringement was committed
willfully, the court in its discretion may increase the award of
statutory damages to a sum of not more than $150,000. In a case where
the infringer sustains the burden of proving, and the court finds,
that such infringer was not aware and had no reason to believe that
his or her acts constituted an infringement of copyright, the court in
its discretion may reduce the award of statutory damages to a sum of
not less than $200. The court shall remit statutory damages in any
case where an infringer believed and had reasonable grounds for
believing that his or her use of the copyrighted work was a fair use
under section 107, if the infringer was: (i) an employee or agent of a
nonprofit educational institution, library, or archives acting within
the scope of his or her employment who, or such institution, library,
or archives itself, which infringed by reproducing the work in copies
or phonorecords; or (ii) a public broadcasting entity which or a
person who, as a regular part of the nonprofit activities of a public
broadcasting entity (as defined in subsection (g) of section 118)
infringed by performing a published nondramatic literary work or by
reproducing a transmission program embodying a performance of such a
work.
(d) Additional Damages in Certain Cases.-In any case in which the
court finds that a defendant proprietor of an establishment who claims
as a defense that its activities were exempt under section 110(5) did
not have reasonable grounds to believe that its use of a copyrighted
work was exempt under such section, the plaintiff shall be entitled
to, in addition to any award of damages under this section, an
additional award of two times the amount of the license fee that the
proprietor of the establishment concerned should have paid the
plaintiff for such use during the preceding period of up to 3 years.
§ 505. Remedies for infringement: Costs and attorney's fees
In any civil action under this title, the court in its discretion may
allow the recovery of full costs by or against any party other than
the United States or an officer thereof. Except as otherwise provided
by this title, the court may also award a reasonable attorney's fee to
the prevailing party as part of the costs.
§ 506. Criminal offenses5
(a) Criminal Infringement.-Any person who infringes a copyright
willfully either-
(1) for purposes of commercial advantage or private financial gain, or
(2) by the reproduction or distribution, including by electronic
means, during any 180-day period, or 1 or more copies or phonorecords
of 1 or more copyrighted works, which have a total retail value of
more than $1,000,
shall be punished as provided under section 2319 of title 18, United
States Code. For purposes of this subsection, evidence of reproduction
or distribution of a copyrighted work, by itself, shall not be
sufficient to establish willful infringement.
(b) Forfeiture and Destruction.-When any person is convicted of any
violation of subsection (a), the court in its judgment of conviction
shall, in addition to the penalty therein prescribed, order the
forfeiture and destruction or other disposition of all infringing
copies or phonorecords and all implements, devices, or equipment used
in the manufacture of such infringing copies or phonorecords.
(c) Fraudulent Copyright Notice.-Any person who, with fraudulent
intent, places on any article a notice of copyright or words of the
same purport that such person knows to be false, or who, with
fraudulent intent, publicly distributes or imports for public
distribution any article bearing such notice or words that such person
knows to be false, shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice.-Any person who, with
fraudulent intent, removes or alters any notice of copyright appearing
on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation.-Any person who knowingly makes a false
representation of a material fact in the application for copyright
registration provided for by section 409, or in any written statement
filed in connection with the application, shall be fined not more than
$2,500.
(f) Rights of Attribution and Integrity.-Nothing in this section
applies to infringement of the rights conferred by section 106A(a).
§ 509. Seizure and forfeiture
(a) All copies or phonorecords manufactured, reproduced, distributed,
sold, or otherwise used, intended for use, or possessed with intent to
use in violation of section 506 (a), and all plates, molds, matrices,
masters, tapes, film negatives, or other articles by means of which
such copies or phonorecords may be reproduced, and all electronic,
mechanical, or other devices for manufacturing, reproducing, or
assembling such copies or phonorecords may be seized and forfeited to
the United States.
(b) The applicable procedures relating to
(i) the seizure, summary and judicial forfeiture, and condemnation of
vessels, vehicles, merchandise, and baggage for violations of the
customs laws contained in title 19,
(ii) the disposition of such vessels, vehicles, merchandise, and
baggage or the proceeds from the sale thereof,
(iii) the remission or mitigation of such forfeiture,
(iv) the compromise of claims, and
(v) the award of compensation to informers in respect of such
forfeitures, shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under the provisions of this section,
insofar as applicable and not inconsistent with the provisions of this
section; except that such duties as are imposed upon any officer or
employee of the Treasury Department or any other person with respect
to the seizure and forfeiture of vessels, vehicles, merchandise, and
baggage under the provisions of the customs laws contained in title 19
shall be performed with respect to seizure and forfeiture of all
articles described in subsection (a) by such officers, agents, or
other persons as may be authorized or designated for that purpose by
the Attorney General.
§ 512. Limitations on liability relating to material online9
(a) Transitory Digital Network Communications.-A service provider
shall not be liable for monetary relief, or, except as provided in
subsection (j), for injunctive or other equitable relief, for
infringement of copyright by reason of the provider's transmitting,
routing, or providing connections for, material through a system or
network controlled or operated by or for the service provider, or by
reason of the intermediate and transient storage of that material in
the course of such transmitting, routing, or providing connections,
if-
(1) the transmission of the material was initiated by or at the
direction of a person other than the service provider;
(2) the transmission, routing, provision of connections, or storage is
carried out through an automatic technical process without selection
of the material by the service provider;
(3) the service provider does not select the recipients of the
material except as an automatic response to the request of another
person;
(4) no copy of the material made by the service provider in the course
of such intermediate or transient storage is maintained on the system
or network in a manner ordinarily accessible to anyone other than
anticipated recipients, and no such copy is maintained on the system
or network in a manner ordinarily accessible to such anticipated
recipients for a longer period than is reasonably necessary for the
transmission, routing, or provision of connections; and
(5) the material is transmitted through the system or network without
modification of its content.
(b) System Caching.-
(1) Limitation on Liability.-A service provider shall not be liable
for monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the intermediate and temporary storage of material on a
system or network controlled or operated by or for the service
provider in a case in which-
(A) the material is made available online by a person other than the
service provider;
(B) the material is transmitted from the person described in
subparagraph (A) through the system or network to a person other than
the person described in subparagraph (A) at the direction of that
other person; and
(C) the storage is carried out through an automatic technical process
for the purpose of making the material available to users of the
system or network who, after the material is transmitted as described
in subparagraph (B), request access to the material from the person
described in subparagraph (A), if the conditions set forth in
paragraph (2) are met.
(2) Conditions.-The conditions referred to in paragraph (1) are that-
(A) the material described in paragraph (1) is transmitted to the
subsequent users described in paragraph (1)(C) without modification to
its content from the manner in which the material was transmitted from
the person described in paragraph (1)(A);
(B) the service provider described in paragraph (1) complies with
rules concerning the refreshing, reloading, or other updating of the
material when specified by the person making the material available
online in accordance with a generally accepted industry standard data
communications protocol for the system or network through which that
person makes the material available, except that this subparagraph
applies only if those rules are not used by the person described in
paragraph (1)(A) to prevent or unreasonably impair the intermediate
storage to which this subsection applies;
(C) the service provider does not interfere with the ability of
technology associated with the material to return to the person
described in paragraph (1)(A) the information that would have been
available to that person if the material had been obtained by the
subsequent users described in paragraph (1)(C) directly from that
person, except that this subparagraph applies only if that technology-
(i) does not significantly interfere with the performance of the
provider's system or network or with the intermediate storage of the
material;
(ii) is consistent with generally accepted industry standard
communications protocols; and
(iii) does not extract information from the provider's system or
network other than the information that would have been available to
the person described in paragraph (1)(A) if the subsequent users had
gained access to the material directly from that person;
(D) if the person described in paragraph (1)(A) has in effect a
condition that a person must meet prior to having access to the
material, such as a condition based on payment of a fee or provision
of a password or other information, the service provider permits
access to the stored material in significant part only to users of its
system or network that have met those conditions and only in
accordance with those conditions; and
(E) if the person described in paragraph (1)(A) makes that material
available online without the authorization of the copyright owner of
the material, the service provider responds expeditiously to remove,
or disable access to, the material that is claimed to be infringing
upon notification of claimed infringement as described in subsection
(c)(3), except that this subparagraph applies only if-
(i) the material has previously been removed from the originating site
or access to it has been disabled, or a court has ordered that the
material be removed from the originating site or that access to the
material on the originating site be disabled; and
(ii) the party giving the notification includes in the notification a
statement confirming that the material has been removed from the
originating site or access to it has been disabled or that a court has
ordered that the material be removed from the originating site or that
access to the material on the originating site be disabled.
(c) Information Residing on Systems or Networks at Direction of
Users.-
(1) In General.-A service provider shall not be liable for monetary
relief, or, except as provided in subsection (j), for injunctive or
other equitable relief, for infringement of copyright by reason of the
storage at the direction of a user of material that resides on a
system or network controlled or operated by or for the service
provider, if the service provider-
(A)(i) does not have actual knowledge that the material or an activity
using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously
to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and
(C) upon notification of claimed infringement as described in
paragraph (3), responds expeditiously to remove, or disable access to,
the material that is claimed to be infringing or to be the subject of
infringing activity.
(2) Designated Agent.-The limitations on liability established in this
subsection apply to a service provider only if the service provider
has designated an agent to receive notifications of claimed
infringement described in paragraph (3), by making available through
its service, including on its website in a location accessible to the
public, and by providing to the Copyright Office, substantially the
following information:
(A) the name, address, phone number, and electronic mail address of
the agent.
(B) other contact information which the Register of Copyrights may
deem appropriate.
The Register of Copyrights shall maintain a current directory of
agents available to the public for inspection, including through the
Internet, in both electronic and hard copy formats, and may require
payment of a fee by service providers to cover the costs of
maintaining the directory.
(3) Elements of Notification.-
(A) To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the
designated agent of a service provider that includes substantially the
following:
(i) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed.
(ii) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site.
(iii) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
(B)(i) Subject to clause (ii), a notification from a copyright owner
or from a person authorized to act on behalf of the copyright owner
that fails to comply substantially with the provisions of subparagraph
(A) shall not be considered under paragraph (1)(A) in determining
whether a service provider has actual knowledge or is aware of facts
or circumstances from which infringing activity is apparent.
(ii) In a case in which the notification that is provided to the
service provider's designated agent fails to comply substantially with
all the provisions of subparagraph (A) but substantially complies with
clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this
subparagraph applies only if the service provider promptly attempts to
contact the person making the notification or takes other reasonable
steps to assist in the receipt of notification that substantially
complies with all the provisions of subparagraph (A).
(d) Information Location Tools.-A service provider shall not be liable
for monetary relief, or, except as provided in subsection (j), for
injunctive or other equitable relief, for infringement of copyright by
reason of the provider referring or linking users to an online
location containing infringing material or infringing activity, by
using information location tools, including a directory, index,
reference, pointer, or hypertext link, if the service provider-
(1)(A) does not have actual knowledge that the material or activity is
infringing;
(B) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(C) upon obtaining such knowledge or awareness, acts expeditiously to
remove, or disable access to, the material;
(2) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and
(3) upon notification of claimed infringement as described in
subsection (c)(3), responds expeditiously to remove, or disable access
to, the material that is claimed to be infringing or to be the subject
of infringing activity, except that, for purposes of this paragraph,
the information described in subsection (c)(3)(A)(iii) shall be
identification of the reference or link, to material or activity
claimed to be infringing, that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the
service provider to locate that reference or link.
(e) Limitation on Liability of Nonprofit Educational Institutions.-
(1) When a public or other nonprofit institution of higher education
is a service provider, and when a faculty member or graduate student
who is an employee of such institution is performing a teaching or
research function, for the purposes of subsections (a) and (b) such
faculty member or graduate student shall be considered to be a person
other than the institution, and for the purposes of subsections (c)
and (d) such faculty member's or graduate student's knowledge or
awareness of his or her infringing activities shall not be attributed
to the institution, if-
(A) such faculty member's or graduate student's infringing activities
do not involve the provision of online access to instructional
materials that are or were required or recommended, within the
preceding 3-year period, for a course taught at the institution by
such faculty member or graduate student;
(B) the institution has not, within the preceding 3-year period,
received more than 2 notifications described in subsection (c)(3) of
claimed infringement by such faculty member or graduate student, and
such notifications of claimed infringement were not actionable under
subsection (f); and
(C) the institution provides to all users of its system or network
informational materials that accurately describe, and promote
compliance with, the laws of the United States relating to copyright.
(2) For the purposes of this subsection, the limitations on injunctive
relief contained in subsections (j)(2) and (j)(3), but not those in
(j)(1), shall apply.
(f) Misrepresentations.-Any person who knowingly materially
misrepresents under this section-
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or
misidentification,
shall be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or copyright
owner's authorized licensee, or by a service provider, who is injured
by such misrepresentation, as the result of the service provider
relying upon such misrepresentation in removing or disabling access to
the material or activity claimed to be infringing, or in replacing the
removed material or ceasing to disable access to it.
(g) Replacement of Removed or Disabled Material and Limitation on
Other Liability.-
(1) No Liability for Taking Down Generally.-Subject to paragraph (2),
a service provider shall not be liable to any person for any claim
based on the service provider's good faith disabling of access to, or
removal of, material or activity claimed to be infringing or based on
facts or circumstances from which infringing activity is apparent,
regardless of whether the material or activity is ultimately
determined to be infringing.
(2) Exception.-Paragraph (1) shall not apply with respect to material
residing at the direction of a subscriber of the service provider on a
system or network controlled or operated by or for the service
provider that is removed, or to which access is disabled by the
service provider, pursuant to a notice provided under subsection
(c)(1)(C), unless the service provider-
(A) takes reasonable steps promptly to notify the subscriber that it
has removed or disabled access to the material;
(B) upon receipt of a counter notification described in paragraph (3),
promptly provides the person who provided the notification under
subsection (c)(1)(C) with a copy of the counter notification, and
informs that person that it will re-place the removed material or
cease disabling access to it in 10 business days; and
(C) replaces the removed material and ceases disabling access to it
not less than 10, nor more than 14, business days following receipt of
the counter notice, unless its designated agent first receives notice
from the person who submitted the notification under subsection
(c)(1)(C) that such person has filed an action seeking a court order
to restrain the subscriber from engaging in infringing activity
relating to the material on the service provider's system or network.
(3) Contents of Counter Notification.-To be effective under this
subsection, a counter notification must be a written communication
provided to the service provider's designated agent that includes
substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a
good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material to be removed
or disabled.
(D) The subscriber's name, address, and telephone number, and a
statement that the subscriber consents to the jurisdiction of Federal
District Court for the judicial district in which the address is
located, or if the subscriber's address is outside of the United
States, for any judicial district in which the service provider may be
found, and that the subscriber will accept service of process from the
person who provided notification under subsection (c)(1)(C) or an
agent of such person.
(4) Limitation on Other Liability.-A service provider's compliance
with paragraph (2) shall not subject the service provider to liability
for copyright infringement with respect to the material identified in
the notice provided under subsection (c)(1)(C).
(h) Subpoena to Identify Infringer.-
(1) Request.-A copyright owner or a person authorized to act on the
owner's behalf may request the clerk of any United States district
court to issue a subpoena to a service provider for identification of
an alleged infringer in accordance with this subsection.
(2) Contents of Request-The request may be made by filing with the
clerk-
(A) a copy of a notification described in subsection (c)(3)(A);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that the purpose for which the
subpoena is sought is to obtain the identity of an alleged infringer
and that such information will only be used for the purpose of
protecting rights under this title.
(3) Contents of Subpoena.-The subpoena shall authorize and order the
service provider receiving the notification and the subpoena to
expeditiously disclose to the copyright owner or person authorized by
the copyright owner information sufficient to identify the alleged
infringer of the material described in the notification to the extent
such information is available to the service provider.
(4) Basis for Granting Subpoena.-If the notification filed satisfies
the provisions of subsection (c)(3)(A), the proposed subpoena is in
proper form, and the accompanying declaration is properly executed,
the clerk shall expeditiously issue and sign the proposed subpoena and
return it to the requester for delivery to the service provider.
(5) Actions of Service Provider Receiving Subpoena.- Upon receipt of
the issued subpoena, either accompanying or subsequent to the receipt
of a notification described in subsection (c)(3)(A), the service
provider shall expeditiously disclose to the copyright owner or person
authorized by the copyright owner the information required by the
subpoena, notwithstanding any other provision of law and regardless of
whether the service provider responds to the notification.
(6) Rules Applicable to Subpoena.-Unless otherwise provided by this
section or by applicable rules of the court, the procedure for
issuance and delivery of the subpoena, and the remedies for
noncompliance with the subpoena, shall be gov-erned to the greatest
extent practicable by those provisions of the Federal Rules of Civil
Procedure governing the issuance, service, and enforcement of a
subpoena duces tecum.
(i) Conditions for Eligibility.-
(1) Accommodation of Technology.-The limitations on liability
established by this section shall apply to a service provider only if
the service provider-
(A) has adopted and reasonably implemented, and informs subscribers
and account holders of the service provider's system or network of, a
policy that provides for the termination in appropriate circumstances
of subscribers and account holders of the service provider's system or
network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical
measures.
(2) Definition.-As used in this subsection, the term "standard
technical measures" means technical measures that are used by
copyright owners to identify or protect copyrighted works and-
(A) have been developed pursuant to a broad consensus of copyright
owners and service providers in an open, fair, voluntary,
multi-industry standards process;
(B) are available to any person on reasonable and nondiscriminatory
terms; and
(C) do not impose substantial costs on service providers or
substantial burdens on their systems or networks.
(j) Injunctions.-The following rules shall apply in the case of any
application for an injunction under section 502 against a service
provider that is not subject to monetary remedies under this section:
(1) Scope of Relief.-(A) With respect to conduct other than that which
qualifies for the limitation on remedies set forth in subsection (a),
the court may grant injunctive relief with respect to a service
provider only in one or more of the fol-lowing forms:
(i) An order restraining the service provider from providing access to
infringing material or activity residing at a particular online site
on the provider's system or network.
(ii) An order restraining the service provider from providing access
to a subscriber or account holder of the service provider's system or
network who is engaging in infringing activity and is identified in
the order, by terminating the accounts of the subscriber or account
holder that are specified in the order.
(iii) Such other injunctive relief as the court may consider necessary
to prevent or restrain infringement of copyrighted material specified
in the order of the court at a particular online location, if such
relief is the least burdensome to the service provider among the forms
of relief comparably effective for that purpose.
(B) If the service provider qualifies for the limitation on remedies
described in subsection (a), the court may only grant injunctive
relief in one or both of the following forms:
(i) An order restraining the service provider from providing access to
a subscriber or account holder of the service provider's system or
network who is using the provider's service to engage in infringing
activity and is identified in the order, by terminating the accounts
of the subscriber or account holder that are specified in the order.
(ii) An order restraining the service provider from providing access,
by taking reasonable steps specified in the order to block access, to
a specific, identified, online location outside the United States.
(2) Considerations.-The court, in considering the relevant criteria
for injunctive relief under applicable law, shall consider-
(A) whether such an injunction, either alone or in combination with
other such injunctions issued against the same service provider under
this subsection, would significantly burden either the provider or the
operation of the provider's system or network;
(B) the magnitude of the harm likely to be suffered by the copyright
owner in the digital network environment if steps are not taken to
prevent or restrain the infringement;
(C) whether implementation of such an injunction would be technically
feasible and effective, and would not interfere with access to
noninfringing material at other online locations; and
(D) whether other less burdensome and comparably effective means of
preventing or restraining access to the infringing material are
available.
(3) Notice and Ex Parte Orders.-Injunctive relief under this
subsection shall be available only after notice to the service
provider and an opportunity for the service provider to appear are
provided, except for orders ensuring the preservation of evidence or
other orders having no material adverse effect on the operation of the
service provider's communications network.
(k) Definitions.-
(1) Service Provider.-(A) As used in subsection (a), the term "service
provider" means an entity offering the transmission, routing, or
providing of connections for digital online communications, between or
among points specified by a user, of material of the user's choosing,
without modification to the content of the material as sent or
received.
(B) As used in this section, other than subsection (a), the term
"service provider" means a provider of online services or network
access, or the operator of facilities therefor, and includes an entity
described in subparagraph (A).
(2) Monetary Relief.-As used in this section, the term "monetary
relief" means damages, costs, attorneys' fees, and any other form of
monetary payment.
(l) Other Defenses Not Affected.-The failure of a service provider's
conduct to qualify for limitation of liability under this section
shall not bear adversely upon the consideration of a defense by the
service provider that the service provider's conduct is not infringing
under this title or any other defense.
(m) Protection of Privacy.-Nothing in this section shall be construed
to condition the applicability of subsections (a) through (d) on-
(1) a service provider monitoring its service or affirmatively seeking
facts indicating infringing activity, except to the extent consistent
with a standard technical measure complying with the provisions of
subsection (i); or
(2) a service provider gaining access to, removing, or disabling
access to material in cases in which such conduct is prohibited by
law.
(n) Construction.-Subsections (a), (b), (c), and (d) describe separate
and distinct functions for purposes of applying this section. Whether
a service provider qualifies for the limitation on liability in any
one of those subsections shall be based solely on the criteria in that
subsection, and shall not affect a determination of whether that
service provider qualifies for the limitations on liability under any
other such subsection.