Quote:After reviewing your submitted copyright complaint we found that the following item was not included in your complaint:
1) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
2) A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
I really don't understand what they're asking for, "good faith belief"? How am I suppose to reply to this? The person I'm going after is using a ripped design... of course its against my TOU. I'm totally lost right now. As for the second statement, how do I "prove" that the design is mine?
Fuuuuu- this is so frustrating sometimes
I believe they are looking for something like a
Statutory Declaration, basically a statement that you are willing to stand by your claims in a legally binding manner.
I'm not really sure what the proper name for it in other countries is, possibly an Affidavit.
Pretty much you need to include in your complaint:
1. Proof that the person is knowingly using your theme without permission. I suggest sending an e-mail to the user with something along the following lines:
Quote:<user>,
It has come to my attention that you are using my copyrighted works (<theme name>) without permission and in violation of my licensing terms. I respectfully request that you remove the theme and all associated data of it from your servers. Failure to comply or reply to my request within 24 hours will be treated as an acknowledgement of the violation and will result in immediate legal action against you and your web host.
Signed,
<Your name>.
Once you don't receive a reply within 24 hours you can provide the hosting company with what you've done and that the lack of communication is perceived as their user being guilty of violating your licensing terms.
2. You need to provide proof that you are the owner of the works. This should easily be proven by providing them links to your site (and theme directly), your license (and any terms the user agrees to), and with any documentation you have with your legal name and address (most likely the domain WHOIS, make sure that you are sending the e-mail from an @yourdomain.com or the e-mail listed in the WHOIS to confirm you are who you say you are).
Doh! Thanks. TBH, I was thinking about possible "illegal" action at the time (good thing he didn't post the site or the host). LoL!
Well the threat of getting hacked may get their attention as well
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(2011-05-17, 03:37 AM)KuJoe Wrote: [ -> ]Pretty much you need to include in your complaint:
1. Proof that the person is knowingly using your theme without permission. I suggest sending an e-mail to the user with something along the following lines:
Quote:<user>,
It has come to my attention that you are using my copyrighted works (<theme name>) without permission and in violation of my licensing terms. I respectfully request that you remove the theme and all associated data of it from your servers. Failure to comply or reply to my request within 24 hours will be treated as an acknowledgement of the violation and will result in immediate legal action against you and your web host.
Signed,
<Your name>.
Once you don't receive a reply within 24 hours you can provide the hosting company with what you've done and that the lack of communication is perceived as their user being guilty of violating your licensing terms.
2. You need to provide proof that you are the owner of the works. This should easily be proven by providing them links to your site (and theme directly), your license (and any terms the user agrees to), and with any documentation you have with your legal name and address (most likely the domain WHOIS, make sure that you are sending the e-mail from an @yourdomain.com or the e-mail listed in the WHOIS to confirm you are who you say you are).
The thing about number 2 is, how can I really prove I own it? I mean, anyone could easily take a design, rip it completely then throw it on their host under their own TOU and claim they made it and the person that really made it is violating their TOU, how can you evidently claim its yours?
Do any of the images have a PSD or original? Maybe you can provide them with any original or drafts your have of the theme. Aside from that, the website itself should be sufficient enough IMO (possibly find a cached version of the site or show them a screenshot of the file timestamps to prove age).
Timestamps are useless, and easily changed
Good Faith means they are quite sure that they are using it without permission and that they will stand by their work and take action if necessary. I have read 3 DMCA's over the past 24 hours from WHMCS, and and 2 from vBulletin regarding clients using nulled versions (more than 1000 accounts, its expected). They all say good faith.
