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

[Nicolas Sahlqvist]

Last time I checked, EFF got pretty good lawyers, I bet they would love this
one.


- Nicolas


On Fri, Jun 18, 2010 at 11:59 PM, Edison Carter <
the.real.edison.carter at gmail.com> wrote:

> 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. Apparently we're
> allowed to find someone in the US who can act as our agent though, if
> anyone wants to offer that'd be great.
>
> The guy who filed the notice is a total jerk. He knows full well that
> he has no legitimate claim whatsoever. This is pure DMCA-abuse.
>
>
> On Sat, Jun 19, 2010 at 9:55 AM, Glenn Kerbein
> <glenn.kerbein at pirate-party.us> wrote:
> > 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
> >> Received: by 10.216.6.194 with SMTP id 44cs154170wen;
> >>         Fri, 18 Jun 2010 10:51:16 -0700 (PDT)
> >> Received: by 10.141.88.15 with SMTP id q15mr1160232rvl.80.1276883474723;
> >>         Fri, 18 Jun 2010 10:51:14 -0700 (PDT)
> >> Return-Path: <notifications-support at twitter.zendesk.com>
> >> Received: from smtp.zendesk.com (smtp.zendesk.com [67.219.156.38])
> >>         by mx.google.com with ESMTP id
> l10si20652011rvh.104.2010.06.18.10.51.13;
> >>         Fri, 18 Jun 2010 10:51:14 -0700 (PDT)
> >> Received-SPF: pass (google.com: domain of
> >> notifications-support at twitter.zendesk.com designates 67.219.156.38 as
> >> permitted sender) client-ip=67.219.156.38;
> >> Authentication-Results: mx.google.com; spf=pass (google.com: domain of
> >> notifications-support at twitter.zendesk.com designates 67.219.156.38 as
> >> permitted sender) smtp.mail=notifications-support at twitter.zendesk.com
> >> Received: from [10.0.64.7] (helo=zendesk.com)
> >>       by smtp.zendesk.com with esmtp (Exim 4.69)
> >>       (envelope-from <notifications-support at twitter.zendesk.com>)
> >>       id 1OPfij-0002bS-KD
> >>       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<support%2Bid1037452 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..."
> >> Mime-Version: 1.0
> >> Content-Type: multipart/alternative;
> >> boundary=mimepart_4c1bb20e8f1d1_614b7634aa0973948fd
> >> X-Delivery-Context: event-id-289385508
> >> X-Mailer: Zendesk Mailer
> >> X-Custom-Ip-Tag: zendesk
> >> Auto-Submitted: auto-generated
> >>
> >>
> >> --mimepart_4c1bb20e8f1d1_614b7634aa0973948fd
> >> Content-Type: text/plain; charset=utf-8
> >> Content-Transfer-Encoding: Quoted-printable
> >> Content-Disposition: inline
> >>
> >> ## 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: =
> >>
> >>
> >> 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 <username%2Balias 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.
> >>
> >>
> >>
> >> --------------------------------
> >> This email is a service from Twitter Support=
> >> ____________________________________________________
> >> Pirate Parties International - General Talk
> >> pp.international.general at lists.pirateweb.net
> >> http://lists.pirateweb.net/mailman/listinfo/pp.international.general
> >
> > --
> > Glenn "Channel6" Kerbein
> > United States Pirate Party
> > +1 (707) 636-4198
> >
> >
> > ____________________________________________________
> > Pirate Parties International - General Talk
> > pp.international.general at lists.pirateweb.net
> > http://lists.pirateweb.net/mailman/listinfo/pp.international.general
> >
> >
> ____________________________________________________
> Pirate Parties International - General Talk
> pp.international.general at lists.pirateweb.net
> http://lists.pirateweb.net/mailman/listinfo/pp.international.general
>
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