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

Sat Jun 19 10:12:56 CEST 2010

Edison, it is sad that this is happened to you,

but i would not be that hard to have it all restored.
You do not need an agent inside the USA at this
moment, you should submit the counter notice
asap to twitter, by using for example this generator:

http://www.chillingeffects.org/dmca/counter512.pdf

and fax/email this to twitter to the number they gave you
in the email below.

After they got it, unless the
copyright claimant brings a lawsuit within 10 business
days, they can put back the material and still remain
immune from liability.

And you can sue the person who filed the bogus
DMCA take-down-request.  see
http://www.eff.org/cases/online-policy-group-v-diebold/
but personally I would not recommend this.

let me know if you need any further support, or if
there anything we can do for you,

sincerely yours,

Gregory Engels
Co-Chairman
Pirate Parties International

mobile: +49 172 853 44 91
skype:gregory.engels
jabber:dichter at jabber.piratenpartei.de

On 18.06.2010, at 23:32, 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?
>
>
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> 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
>
> -----------
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