[pp.int.general] DMCA takedown against our Pirate Party logo (which is my own original creation)

Fri Jun 18 23:32:29 CEST 2010

The "infringing material" taken down is my own original creation,
consisting of the "no copyright" Swedish Piratpartiet logo combined
with my own stylised "Public Domain" silver fern.
http://pirateparty.org.nz/files/ec-logos/pirate-party.png

The individual who filed this DMCA takedown request knows perfectly
well that he has no claim whatsoever and is simply abusing the DMCA
process. But I cannot file a counter notice because there is no way in
hell that I intend to submit to the jurisdiction of a US court.

What do I do?

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	for pirateparty at pirateparty.org.nz; Fri, 18 Jun 2010 17:51:13 +0000
Date: Fri, 18 Jun 2010 17:51:10 +0000
From: Kessel <notifications-support at twitter.zendesk.com>
Reply-To: Twitter Support <support+id1037452 at twitter.zendesk.com>
To: piratepartyNZ <pirateparty at pirateparty.org.nz>
Message-Id: <4c1bb20e84560_614b7634aa0973946e1 at zendesk.com.tmail>
Subject: #1037452 Twitter Support: update on "Hello, The following
materials has been removed from your account in response to a DMCA
ta..."
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#1037452 Twitter Support: update on "Hello, The following materials has b=
een removed from your account in response to a DMCA ta..." =

----------------------------------------------
piratepartyNZ, Jun 18 10:51 am (PDT):

Hello,

The following materials has been removed from your account in response to=
 a DMCA take-down notice:  =

-Background image
-Avatar

If you believe the material to not be infringing, you may send us a count=
er-notification of your objection pursuant to 17 U.S.C. =C2=A7 512(g)(3).=
  =

Please include the following in your counter-notification: =

1. Your full name, address, telephone number, e-mail address, and Twitter=
 user name. =

2. Identification of the material that has been removed or to which acces=
s has been disabled and the location at which the material appeared befor=
e it was removed or access to it was disabled. =

3. The following statement: =E2=80=9CI swear under penalty of perjury tha=
t I have a good faith belief that the material was removed or disabled as=
 a result of mistake or misidentification of the material to be removed o=
r disabled.=E2=80=9D =

4. A statement that you consent to the jurisdiction of the Federal Distri=
ct Court for the judicial district in which your address is located, or i=
f your address is outside of the United States, the Northern District of =
California, and that you will accept service of process from the person w=
ho provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such pers=
on. =

5. Your physical or electronic signature =

Please send your counter-notification to us at the following address: =

Twitter, Inc.

Attn: Copyright Agent, DMCA Counter-Notification

795 Folsom Street, Suite 600

San Francisco, CA 94107 =

Or fax to: 415-222-0922 =

Or email to: copyright at twitter.com, subject: DMCA Counter-Notification =

We will forward a copy of your counter-notification, including the inform=
ation required in item 1 above, to the complainant.  BY SENDING US A COUN=
TER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMA=
TION. =

If we do not receive notice from the complainant within 10 business days =
that the complainant has filed an action seeking a court order to restrai=
n you from engaging in infringing activity relating to the material on Tw=
itter, we will replace or cease disabling access to the material. =

Further information and a link to a sample counter-notification may be fo=
und on the Electronic Frontier Foundation=E2=80=99s website at http://www=
.eff.org/issues/bloggers/legal/liability/IP. =

THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS.  We reco=
mmend you contact your own attorney in this matter. =

Thank you,

Kessel
Twitter Trust and Safety

-----------
Please note: =

You can respond to this message by replying from the address this email w=
as sent to. If you respond from a different forwarding address or email a=
lias (i.e. username+alias at gmail.com) your email will not be seen by our s=
upport staff.

If you have a Twitter account associated with this email address, you can=
 also update and review this ticket online by clicking the ticket link ab=
ove.

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