Thursday, 7 July 2011

Re: Copyright Case

In the copyright case regarding the Billikins blog posting, the owner of the site where the Billikins article was posted instructed Jon Downes that he disputed my use of "His" material on the original CFZ blog posting of the article. In order to keep Jon's name out of it, I reposted the material here while deleting the sensitive material. After which the owner of the site, one "Reverend Jim of the Church of Good Luck" sued Yahoo inc to have the original removed from my research and archives group, a group of five members which exists to house my writings after first posting and with an eye toward future use of that material (Such as publication into books)

Today I received the final word back from Yahoo concerning thge case:

Thu, July 7, 2011 3:34:21 PMRe: Notice of Infringement (KMM.............L0KM)
From: Yahoo! Copyright
To: Dale Drinnon


--------------------------------------------------------------------------------

Dear Mr. Drinnon:

As you will recall, on or about June 20, 2011, in accordance with the
terms of the DMCA (17 U.S.C. - 512(g)(3)), Yahoo! Inc. ("Yahoo!")
received from you a counter-notification in response to a notification
of infringement submitted by James E. Juul and/or James E. Juul's agent
regarding:

http://tech.groups.yahoo.com/group/cryptozoologyexchange/message/111

A copy of your counter-notification was promptly provided to James E.
Juul and/or James E. Juul's agent by Yahoo!. In providing the
counter-notification to James E. Juul and/or James E. Juul's agent,
Yahoo! advised that pursuant to 17 U.S.C. - 512(g)(2)(C), Yahoo! would
replace, or re-enable access to, the disputed material ten (10) business
days following the date the counter-notification was provided to James
E. Juul and/or James E. Juul's agent unless Yahoo!'s Copyright Agent
received notice that James E. Juul filed a court action seeking an order
to restrain you from engaging in infringing activity related to the
material in question.

The ten (10) business day time period for James E. Juul and/or James E.
Juul's agent to timely notify Yahoo! has passed; Yahoo! has not received
notice from as to any such court action. Accordingly, we advise you that
you may repost the disputed content.

Yahoo! values you as a customer, and we hope you understand that in
taking action in this matter Yahoo! was following provisions of the U.S.
Copyright law.

Please contact us if you have any questions, or we can further assist
you in this matter.

Regards,

Copyright/IP Agent, Yahoo! Inc.
copyright@yahoo-inc.com
****************************
c/o Yahoo! Inc.
701 First Ave.
Sunnyvale, CA 94089



Original Message Follows:
-------------------------

Certainly. And if the other party has a good explanation as to the
disparity between statements provided for me and provided for Yahoo I should like
to know about it. And you can tell them THAT part as well.

Thank you very much, Best Wishes, Dale D.




________________________________
From: Yahoo! Copyright
To: Dale Drinnon
Sent: Mon, June 20, 2011 3:11:49 PM
Subject: Re: Notice of Infringement (KMM.............L0KM)

Hello,

Please be advised that pursuant to 17 U.S.C. § 512(g)(2)(B) of the
United States Copyright Act, Yahoo! has timely provided the person who
provided the notification under subsection (c)(1)(C) with a copy of the
counter notification submitted by you.

Provided Yahoo! does not receive notice that such person has filed an
action seeking a court order to restrain you, as applicable, from
engaging in the allegedly infringing activity, Yahoo! intends to advise
you that the material may be reposted, as appropriate, on or about July
6, 2011.

Regards,

Copyright/IP Agent, Yahoo! Inc.
copyright@yahoo-inc.com
****************************
c/o Yahoo! Inc.
701 First Ave.
Sunnyvale, CA 94089

1 comment:

  1. This may sound like a very hollow victory but in fact I have established through legal means that "Reverend Jim" won his initial decision by naked knavery. I have the legal precedent now that I might press further charges, should it become necessary to do so.

    Best Wishes, Dale D.

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