What is a DMCA and how do I file one?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counter notification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity. (http://en.wikipedia.org/wiki/DMCA)
The official SoftLayer Technologies, Inc. page regarding the DMCA and our policies can be found here:
http://pqcservice.net/DMCAe specifically would like to point out the following statements on this page:
“If you believe a PQCserviceclient has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to PQCserviceand must include the following information (the list below comes substantially straight from the statute 17 U.S.C. Section 512(c)(3); if you do not understand the language please seek independent advice)”
The “Elements of Notification” listed below this paragraph are all required not only by us but also by law for us to process the DMCA notification. If any of the elements are missing, we cannot proceed with the DMCA notification as it is not a legal notification.
Please note, if you do not understand the language of the DMCA or if you are not fully familiar with DMCA law, we request that you seek independent legal advice before proceeding.
