Monday, June 25, 2007

Copyright Infringement

I posted a poem from Mountainwings onto my blog some days ago. I posted the complete poem, dutifully recorded a "©" symbol below the poem, along with the author's name, and this, to my mind constituted fair use.

Today, I received a legal notice from blogger.com saying that they had received a notice that I was infringing a copyright, and that I had better remove the offending post within 3 days. Ab Kaun Phaltu Ka Panga Le...so edited the post.

I find the whole affair slightly strange....anyhow! For the legally inclined, here's the complete legal notice!
===

Hello,

Blogger has been notified, according to the terms of the Digital
Millennium Copyright Act (DMCA), that content in your blog:

ankurjain.blogspot.com

allegedly infringes upon the copyrights of others. The content in question
is located in the following posts:

http://ankurjain.blogspot.com/2007/05/dash.html

The notice that we received, with any personally identifying
information removed, will be posted online by a service called Chilling
Effects, and we will send you the link of this notice. We do this in
accordance with the Digital Millennium Copyright Act (DMCA).

The DMCA is a United States copyright law that provides guidelines for
online service provider liability in case of copyright infringement.
Please see http://www.educause.edu/Browse/645?PARENT_ID=254 for more
information about the DMCA, and see
http://www.google.com/blogger_dmca.html for the process that Blogger
requires in order to make a DMCA complaint.

We are asking that you please remove the allegedly infringing content in
your blog. If you do not do this within the next 3 days (by 6/28/07), we
will be forced to remove the posts in question. If we did not do so, we
would be subject to a claim of copyright infringement, regardless of its
merits.

We can reinstate this content into your blog upon receipt of a counter
notification pursuant to sections 512(g)(2) and (3) of
the DMCA. For more information about the requirements of a counter
notification and a link to a sample counter notification, see
http://www.google.com/blogger_dmca.html#counter.

Please note that repeated violations to our Terms of Service may result in
further remedial action taken against your Blogger account.

If you have legal questions about this notification, you should retain
your own legal counsel. If you have any other questions about this
notification, please let us know.

Thank you for your understanding.

Sincerely,
The Blogger Team
===

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