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I was just about to issue a DMCA notice to a WordPress blogger, when I noticed the last statement that I must confirm before issuing the notice:
 

"I acknowledge that a copy of this infringement notice, including any contact information I provided above (address, telephone number, and email address), will be forwarded to the user who uploaded the content at issue."

 

WHAT!

 

So WordPress (http://automattic.com) now require that I have to release all my personal contact information to a stranger who has already proved that they believe themselves to be above the (copyright) law (or at best - and usually more likely - to be ignorant of it), so that I may enforce my rights?  Clearly, few copyright owners will want to release personal details to infringers except as a last resort.  Are WordPress trying to appease bloggers who believe that everything is/should be free on the Web or are they trying to lower their admin. costs or a little of both?

 

This is something new, no?  I certainly do not recall it being there before, and am not sure of it's validity within the bounds of the DMCA.

 

Is this another nail in the coffin of copyright owners retaining ownership of their own work?  Are we all expected to roll over and play dead, now?  It certainly put me off submitting the form - which is clearly its intention.

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PhotoAttorney has an article that seems relevant at http://www.photoattorney.com/google-questions-photographers-dmca-take-down-notice/ especially this bit:

 

"Ryan responded that he was unaware of any provision of the DMCA that required him to prove to Google that the image was his. Instead, he swore under penalty of perjury that he was the copyright holder (or his/her authorized representative). He included the copyright registration number for his image in his reply. Google soon replied, stating that Google would remove the content (and did so shortly thereafter)."

 

Regards

Lionel

Edited by Lionel

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Thanks Lionel, but I'm not sure that that is relevant in this instance.  Where it says on the linked page that "Instead, he swore under penalty of perjury that he was the copyright holder (or his/her authorized representative)." is now already covered by DMCA forms.

 

Thus, the WordPress form I mention, requires that you check a box to confirm that: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

 

Your linked article is all about Google not being willing or able to confirm that the tog in question was the rightful copyright owner: "It is unclear to us whether or not you are the authorized copyright agent for the content in question."

 

My point is that the (new?) WordPress DMCA form requires you to provide your contact details which they say will be passed on to the infringer.  This is not necessary in order to prove that I am the copyright owner: all that is required by the act is for me to prove copyright and to provide the location of the infringement.  I am not happy for my address and telephone number to passed directly to an infringer.  I have already read within this forum of some nasty threats from infringers to togs via e-mail.  I do not want some nutter phoning me up in the middle of the night or knocking on my door!

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Get a PO Box and sign up for a free Google voice phone nunber.

 

I too am angry with this DMCA BS.

 

If I provide my data,I sure as heck want the personal info of the infringer.

 

We need to "be the change" and get get this out to the media. This is just a crock set up to discourage the copyright holders from sending DMCA forms.

Not to mention that 'Chilling Effects' site where our notices are posted as well.

 

L

Edited by Linda

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I did a poor job point out that all you need to do is comply with the DMCA, in particular this bit:

 

(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.

 

from that article.  DMCA does not require WordPress to divulge that information to the infringer; I would challenge their "need" to do so.

 

Regards

Lionel

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I've had services that do pass along my address and telephone.One infringer called me from the info the service provider gave him!

 

That was a couple of years ago.

 

L

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