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	<title>Comments on: Sample DMCA Take Down Letter</title>
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	<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/</link>
	<description>Patents, Software Patents, Patent Applications &#38; Patent Law</description>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-24820</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Mon, 07 Nov 2011 19:09:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-24820</guid>
		<description>Erik-

Clever.  No worries of course.  You have permission to copy and past the sample notification to go after copyright infringers!  I have found it to be quite effective myself.

Best of luck to you, and thanks for reading IPWatchdog.com.

-Gene</description>
		<content:encoded><![CDATA[<p>Erik-</p>
<p>Clever.  No worries of course.  You have permission to copy and past the sample notification to go after copyright infringers!  I have found it to be quite effective myself.</p>
<p>Best of luck to you, and thanks for reading IPWatchdog.com.</p>
<p>-Gene</p>
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		<title>By: Erik</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-24818</link>
		<dc:creator>Erik</dc:creator>
		<pubDate>Mon, 07 Nov 2011 18:10:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-24818</guid>
		<description>Ironically, I plagiarized this article when I sent a DMCA takedown request.</description>
		<content:encoded><![CDATA[<p>Ironically, I plagiarized this article when I sent a DMCA takedown request.</p>
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		<title>By: Trisha</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-24507</link>
		<dc:creator>Trisha</dc:creator>
		<pubDate>Sun, 16 Oct 2011 03:14:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-24507</guid>
		<description>Thanks, first time they are stealing my stuff, this will come handy!</description>
		<content:encoded><![CDATA[<p>Thanks, first time they are stealing my stuff, this will come handy!</p>
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	<item>
		<title>By: Philip</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-23762</link>
		<dc:creator>Philip</dc:creator>
		<pubDate>Sat, 17 Sep 2011 02:57:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-23762</guid>
		<description>Hey Gene,

I really appreciate your article. The information you provided will help those who may undergo, or experiencing, a  copyright infringement. Here&#039;s food for thought... Although Google is pretty smart, they could see a webmaster&#039;s original content as duplicate content and penalize his/her webpage. This can happen right after a webmaster post the original article and before it gets indexed, someone comes along and copy/paste the original content to their site that gets indexed first. That&#039;s why I&#039;m here. I was looking for a sample DMCA take down notice.</description>
		<content:encoded><![CDATA[<p>Hey Gene,</p>
<p>I really appreciate your article. The information you provided will help those who may undergo, or experiencing, a  copyright infringement. Here&#8217;s food for thought&#8230; Although Google is pretty smart, they could see a webmaster&#8217;s original content as duplicate content and penalize his/her webpage. This can happen right after a webmaster post the original article and before it gets indexed, someone comes along and copy/paste the original content to their site that gets indexed first. That&#8217;s why I&#8217;m here. I was looking for a sample DMCA take down notice.</p>
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		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-20718</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Mon, 04 Apr 2011 13:50:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-20718</guid>
		<description>Adam-

You certainly need to do a counter notification.  I would also send this person&#039;s host a DMCA takedown notice.  I would also sue them if there is any way possible.  This is a clear case of intentional interference with business.

I wish I had a better answer.  I would definitely also contact the Federal Trade Commission.

-Gene</description>
		<content:encoded><![CDATA[<p>Adam-</p>
<p>You certainly need to do a counter notification.  I would also send this person&#8217;s host a DMCA takedown notice.  I would also sue them if there is any way possible.  This is a clear case of intentional interference with business.</p>
<p>I wish I had a better answer.  I would definitely also contact the Federal Trade Commission.</p>
<p>-Gene</p>
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		<title>By: Adam</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-20717</link>
		<dc:creator>Adam</dc:creator>
		<pubDate>Mon, 04 Apr 2011 09:17:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-20717</guid>
		<description>Now what if the scenario is reversed. Someone copies YOUR article and then sends a take down notice to YOUR web host? I know you can write a counter notification letter, but during that time, your site is disabled or whatever, because of one jack-a**. Pain in the a**, and this does actually happen...

Your thoughts on this?</description>
		<content:encoded><![CDATA[<p>Now what if the scenario is reversed. Someone copies YOUR article and then sends a take down notice to YOUR web host? I know you can write a counter notification letter, but during that time, your site is disabled or whatever, because of one jack-a**. Pain in the a**, and this does actually happen&#8230;</p>
<p>Your thoughts on this?</p>
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		<title>By: Andrew Murray</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-16994</link>
		<dc:creator>Andrew Murray</dc:creator>
		<pubDate>Mon, 15 Nov 2010 14:35:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-16994</guid>
		<description>Thanks so much for the sample letter. My site is being plagued with copyright infringement lately and I was unsure how to put the letter together. Your a lifesaver :)</description>
		<content:encoded><![CDATA[<p>Thanks so much for the sample letter. My site is being plagued with copyright infringement lately and I was unsure how to put the letter together. Your a lifesaver <img src='http://www.ipwatchdog.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
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		<title>By: Tammy B</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-16506</link>
		<dc:creator>Tammy B</dc:creator>
		<pubDate>Sat, 23 Oct 2010 08:13:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-16506</guid>
		<description>I found my photos being used by an online &quot;crawler&quot; called FWIX.COM. The links to my photos go directly back to my website...but with FWIX&#039;s window at the top.

Curious as I am - I had a look at their T&#039;s &amp; C&#039;s, and was surprised to find this paragraph in their section on on Copyright and Limited License:
 
&quot;Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Fwix logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the &quot;Site Materials&quot;) are the proprietary property of Fwix or its licensors or users and are protected by U.S. and international copyright laws.&quot;
 
I couldn&#039;t find anywhere on their site that would fall in under the catagory &quot;unless otherwise indicated&quot;, like a note specifying that the linked photos are the creative property of the photographer or something.

Should I be concerned?

 - Tammy</description>
		<content:encoded><![CDATA[<p>I found my photos being used by an online &#8220;crawler&#8221; called FWIX.COM. The links to my photos go directly back to my website&#8230;but with FWIX&#8217;s window at the top.</p>
<p>Curious as I am &#8211; I had a look at their T&#8217;s &amp; C&#8217;s, and was surprised to find this paragraph in their section on on Copyright and Limited License:</p>
<p>&#8220;Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Fwix logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the &#8220;Site Materials&#8221;) are the proprietary property of Fwix or its licensors or users and are protected by U.S. and international copyright laws.&#8221;</p>
<p>I couldn&#8217;t find anywhere on their site that would fall in under the catagory &#8220;unless otherwise indicated&#8221;, like a note specifying that the linked photos are the creative property of the photographer or something.</p>
<p>Should I be concerned?</p>
<p> &#8211; Tammy</p>
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	<item>
		<title>By: Gene Quinn</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-11685</link>
		<dc:creator>Gene Quinn</dc:creator>
		<pubDate>Fri, 05 Mar 2010 21:30:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-11685</guid>
		<description>Matt-

I think you are right, that would make an nice article.  I will put it on the list of things to write about.  

-Gene</description>
		<content:encoded><![CDATA[<p>Matt-</p>
<p>I think you are right, that would make an nice article.  I will put it on the list of things to write about.  </p>
<p>-Gene</p>
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	<item>
		<title>By: Matt</title>
		<link>http://www.ipwatchdog.com/2009/07/06/sample-dmca-take-down-letter/id=4501/#comment-11671</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Fri, 05 Mar 2010 01:03:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.ipwatchdog.com/?p=4501#comment-11671</guid>
		<description>Nice site :)

How about a sample response letter from the subscriber who is being blamed for the infringement? I believe there are certain guidelines they must follow as well. 

And perhaps another idea....requirements of the service provider to remain immune? For example, registration with their abuse agent at the copyright office, timely turnaround, and such.</description>
		<content:encoded><![CDATA[<p>Nice site <img src='http://www.ipwatchdog.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>How about a sample response letter from the subscriber who is being blamed for the infringement? I believe there are certain guidelines they must follow as well. </p>
<p>And perhaps another idea&#8230;.requirements of the service provider to remain immune? For example, registration with their abuse agent at the copyright office, timely turnaround, and such.</p>
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