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

Sat Jun 19 00:07:47 CEST 2010

Twitter, Inc. is a US company and therefore subject to US jurisdiction.
I understand that New Zealand is a sovereign state, and not subject to
DMCA statutes. However, you may still have the ability to file a
counter-notice sans-attorney. In the attached takedown notice, I don't
see any provisions necessitating an agent.

If you know the person, again, I implore that you deal with it
internally. PPI eviscerated any negotiating powers in the 2010
conference. You're unwilling to take the situation into your own hands,
you're externalizing drama, and possibly being as obnoxious as the
person sending the DMCA. In short: file a counter-notice and deal with
the situation head on, or stop bitching.

On 06/18/2010 02:59 PM, Edison Carter 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>
>>> 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) 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

-- 
Glenn "Channel6" Kerbein
United States Pirate Party
+1 (707) 636-4198

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