Please help me write a strong worded copyright infringement notice
(template) for others to stop copying/displaying my web site. It
should be directed to the infringer and also to instruct their ISP to
terminate their services for copyright violations. Please refer to the
basic outline at the bottom of this page:
http://www.copyrightinfringementgroup.com/gettingcopyright.htm

We have a copyright statement on the bottom of every page i.e. "(c)
2000-2002 Whiz Host. All Rights Reserved." on our web site. Please
also include a mention that the original web site design is by a
company called Sandbox http://www.sandbox.co.nz/index.htm as their
home page clearly indicated that we hired them for the design as proof
of ownership.

I need this as a template basis so I can reuse. I will be sending it
to the infringer, their ISP and to Sandbox via email. Thank you.

Dear <person>:

Whiz Host has discovered certain content on your site. This content is
the intellectual property of Whiz Host, and is protected by Title 17
of the US Code covering copyright law. This content was created by
Sandbox (http://www.sandbox.co.nz/index.htm), a web design firm under
contract to Whiz Host.

By copying and using this material, you are breaking federal law, and
are subject to legal action as defined in Title 17, Chapter 5 of the
US Code. You have one way to prevent this level of action: cease use
and reproduction of the mentioned works.

Whiz Host requests that you remove the files located at the following
URLs:

<URLs of offending material>

Please respond within three days to this email address with your
intent to comply with this request.

Sincerely,

<signature>

---

<isp>:

I am writing to you regarding a matter of copyright infringement by
<offender>.  I refer you to 17 U.S.C. 512(d) of the DMCA which
provides that an Internet service provider is protected from
liability,

"by reason of the provider referring or linking users to an online
location containing infringing material or infringing activity, by
using information location tools, including a directory, index,
reference, pointer, or hypertext link, if the service provider . . .

(3) upon notification of claimed infringement . . . responds
expeditiously to remove, or disable access to, the material that is
claimed to be infringing or to be the subject of infringing activity,
except for purposes of this paragraph . . . the information [for
notification] shall be identification of the reference or link, to
material or activity claimed to be infringing, that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate that reference or
link."

Whiz Host has discovered certain content on <offender's> site. This
content is the intellectual property of Whiz Host, and is protected by
Title 17 of the US Code covering copyright law. This content was
created by Sandbox (http://www.sandbox.co.nz/index.htm), a web design
firm under contract to Whiz Host.

In line with the requirements of the DMCA, please remove or disable
access to the copyrighted materials found at these URLs:

<urls of offending files>

Please respond within three days to this email address with your
intent to comply with this request.

Sincerely,

<signature>

--

> instruct their ISP to terminate their services for copyright
violations.

I looked, but I couldn't find anything in Title 17 or the DMCA which
requires service providers to terminate the accounts of copyright
offenders. The only thing required is to "remove or disable access" to
the offending material.

If there is anything more I can do to help you in this issue, please
post a request for clarification, and I would be glad to help you
more.

--
Sam Kennedy

---

Request for Answer Clarification by whizhost-ga on 23 May 2002 04:55 PDT

Sam,

Your answer is very good. However I thought of one possibility, when I
send this notice to the infringer then I best assume that he'll (or
she'll) quickly remove the offending web site so I've saved his web
site so I have a hard copy. How should I say "please look at the
attached files..." to the ISP concerned so they won't be looking at a
blank web site? And where should I place it in the letter?

Please advise. Thank you!

---

Clarification of Answer by samrolken-ga on 23 May 2002 11:22 PDT

"In line with the requirements of the DMCA, please remove or disable
access to the copyrighted materials found at these URLs:"

could become...

"So that you can fulfill your duty under the DMCA, I am providing two
methods for you to identify the offending material which needs to be
removed. First, each file is attatched to this email message. Second,
each of them can be found at these URLs:"

Very good response.

Alexa tries to archive snapshops of Websites... and does a very good
job at it at.  Check out:
http://www.archive.org/

Always a pleasure to inform you!
Markus Allen
Publisher
$10,000 Marketing Tip of the Day
http://www.markusallen.org/cgi-bin/tips.pl?PC=11687

I've already checked and there's nothing on archive.org on this guy as
he's using a robot.txt to exclude himself.