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

[Edison Carter]

On Sat, Jun 19, 2010 at 8:12 PM, Gregory Engels
<gregory.engels at pp-international.net> wrote:
> 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

Thanks for that. The email from twitter was somewhat misleading.

> 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.

The person who filed the false DMCA notice has been causing nothing
but trouble from the beginning. I initially though he was on our side,
he registered a domain for us and we made a start on running a party
which persuaded another person to sell us the pirateparty.org.nz
domain which he'd done nothing with for over a year.

BUT. At the same time he's also aggravated other Pirate Parties, been
banned from the Pirateparty.au IRC channel multiple times for racist
and generally idiotic trolling, snooped on other users, made abusive
phone calls to me (through skype, so there is nothing local teleco's
can do about it) and tried to intimidate me by snooping around my
house and then describing my house and vehicle on IRC. He created the
logo, told us we could use it under cc-by-sa licence but wanted a
clear copyright notice on every web page. The only reason we're even
using his logo is because he insisted that it was better than the
similar logo I'd created (and both are only a minor alteration of
Mat's original PPSE-logo + Fern leaf) and eventually backed down on
having to have "Copyright Luke Chandler" everywhere the logo appeared.

He's been nothing but a constant annoyance from very early on. If
suing him is an option then I intend to take it. Unfortunately he's
only 17 and this is New Zealand, so I don't think I have much chance
but I'll be talking to my lawyer on Monday. This has just gone too
far!


>
> 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?
>>
>>
>> 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
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>> permitted sender) smtp.mail=notifications-support at twitter.zendesk.com
>> Received: from [10.0.64.7] (helo=zendesk.com)
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>>        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..."
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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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>> ____________________________________________________
>> Pirate Parties International - General Talk
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>
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