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

[Glenn Kerbein]

I advise you to file a counter notice. State why you feel the original
takedown notice is in bad standing.
I also advise you to contact the person whom filed the initial takedown
notice. Working things out person to person is usually a good idea.

On 06/18/2010 02:32 PM, Edison Carter wrote:
> 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?
> 
> 
> Delivered-To: pirateparty at pirateparty.org.nz
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> 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>
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> 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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> ## Please do not write below this line ##
> 
> #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: =
> 
> 
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> 
> 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.
> 
> 
> 
> --------------------------------
> This email is a service from Twitter Support=
> ____________________________________________________
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
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-- 
Glenn "Channel6" Kerbein
United States Pirate Party
+1 (707) 636-4198

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