DMCA (Copyright) Complaint to Google

sender

on behalf of Aborigeno Music

[Private] , , , DE Sent on February 05, 2015

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on February 05, 2015

submitter

Re: Unknown

Sent via: Unknown

Notice Type:: DMCA

Copyright claim #1

Kind of Work: Unspecified

Description We have an exclusive & worldwide deal for distributing this content
Original URLs:
1. http://www.totalwipesmusicgroup.com/releases/aborigeno-music/abmu021_wild-vol7
Allegedly Infringing URLs:
1. http://www.opera.com/download
2. http://www.rarlab.com/download.htm
3. https://www.dropbox.com/downloading
4. https://filezilla-project.org/download.php?type=client
5. https://www.qgis.org/en/site/forusers/download.html
6. http://www.coreftp.com/download.html
7. https://tails.boum.org/download/
8. http://ckeditor.com/download
9. https://www.wireshark.org/download.html
10. http://www.oscommerce.com/Products
11. http://www.activestate.com/activeperl/downloads
12. http://www.irfanview.com/main_download_engl.htm
13. https://lastpass.com/misc_download.php
14. http://framework.zend.com/downloads/latest
15. https://www.gnupg.org/download/
16. http://rubyinstaller.org/downloads/
17. http://www.dosbox.com/download.php?main=1
18. http://www.techsmith.com/download/jing/
19. https://www.gnu.org/software/octave/download.html
20. http://filehippo.com/en/
21. https://www.djangoproject.com/download/
22. https://www.zotero.org/download/
23. https://www.vagrantup.com/downloads.html
24. http://www.xmind.net/download/
25. https://www.kali.org/downloads/
26. https://www.phpbb.com/downloads/
27. https://plex.tv/downloads
28. http://www.tinymce.com/download/download.php
29. https://www.ffmpeg.org/download.html
30. https://handbrake.fr/downloads.php
31. https://www.jetbrains.com/idea/download/
32. http://nginx.org/en/download.html
33. http://www.phpmyadmin.net/home_page/downloads.php
34. https://www.torproject.org/download/download-easy.html.en
35. http://www.internetdownloadmanager.com/download.html
36. https://www.origin.com/en-us/download
37. http://www.mono-project.com/download/
38. http://free.avg.com/free-antivirus-download
39. http://support.amd.com/en-us/download
40. https://evernote.com/download/
41. https://inkscape.org/download/
42. http://keepass.info/download.html
43. https://www.whatsapp.com/download/
44. http://winscp.net/eng/download.php
45. http://www.utorrent.com/downloads/complete
46. https://processing.org/download/
47. https://my.vmware.com/web/vmware/downloads
48. http://nodejs.org/download/
49. https://www.mongodb.org/downloads
50. http://www.libreoffice.org/download
51. http://www.postgresql.org/download/
52. https://www.pidgin.im/download/
53. http://www.sketchup.com/download
54. http://git-scm.com/downloads
55. https://www.malwarebytes.org/mwb-download/
56. http://httpd.apache.org/download.cgi
57. http://unity3d.com/unity/download
58. http://www.raspberrypi.org/downloads/
59. http://www.7-zip.org/download.html
60. https://netbeans.org/downloads/
61. http://www.joomla.org/download.html
62. http://notepad-plus-plus.org/download/
63. http://www.videolan.org/vlc/download-windows.html
64. http://dev.mysql.com/downloads/mysql/
65. http://www.teamviewer.com/en/download/windows.aspx
66. https://www.python.org/downloads/
67. http://www.ubuntu.com/download/desktop
68. http://www.gimp.org/downloads/
69. https://eclipse.org/downloads/
70. http://www.openoffice.org/download/
71. https://www.piriform.com/ccleaner/download
72. http://www.phoca.cz/phocadownload
73. https://java.com/download
74. http://www.skype.com/en/download-skype/skype-for-computer/
75. http://www.chiark.greenend.org.uk/~sgtatham/putty/download.html
76. https://poedit.net/download
77. http://kodi.tv/download/
78. http://www.getpaint.net/download.html
79. http://www.pdfforge.org/pdfcreator/download
80. http://calibre-ebook.com/download
81. http://www.foxitsoftware.com/downloads/
82. http://www.geogebra.org/download
83. https://www.winehq.org/download/
84. http://www.linuxmint.com/download.php
85. http://www.vuze.com/download.php
86. http://www.sqlite.org/download.html
87. http://typo3.org/download
88. http://www.opencart.com/?route=download/download
89. http://nmap.org/download.html
90. http://www.abisource.com/download/
91. https://access.redhat.com/downloads
92. http://www.yiiframework.com/download/
93. https://www.archlinux.org/download/
94. http://www.icq.com/download/
95. http://www.oovoo.com/download

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What kinds of things are copyrightable?

In order for material to be copyrightable, it must be original and must be in a fixed medium.

Only material that originated with the author can support a copyright. Items from the public domain which appear in a work, as well as work borrowed from others, cannot be the subject of an infringement claim. Also, certain stock material might not be copyrightable, such as footage that indicates a location like the standard shots of San Francisco in Star Trek IV: The Voyage Home. Also exempted are stock characters like the noisy punk rocker who gets the Vulcan death grip in Star Trek IV.

The requirement that works be in a fixed medium leaves out certain forms of expression, most notably choreography and oral performances such as speeches. For instance, if I perform a Klingon death wail in a local park, my performance is not copyrightable. However, if I film the performance, then the film is copyrightable.

Single words and short phrases are generally not protected by copyright, even when the name has been "coined" or newly-created by the mark owner. Logos that include original design elements can be protected under copyright or under trademark. Otherwise, words, phrases and titles may be protected only by trademark.

what is criminal prosecution?

A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.

Am I free to copy the content from someone else's website verbatim?

No. While you are free to report the facts and ideas embodied in another person's article or web page, you shouldn't copy the entire page unless you can assert a fair use defense. Copyright does not protect facts or ideas, but it can protect the particular way someone has expressed them.

What constitutes copyright infringement?

Subject to certain 17 U.S.C. ?106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed here.

What rights are protected by copyright law?

The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying), (2) the right to create derivative works, (3) the right to distribution, (4) the right to performance, (5) the right to display, and (6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement regulation protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

What constitutes unlicensed copy and display of copyrighted material?

Unlicensed use or distribution of copyrighted works is illegal and may be considered a criminal act. Copyright law grants the exclusive right to use, copy, distribute, display, and perform a copyrighted work to the owner of the copyright. The owner of the copyright is the only entity that may grant permission for anyone to use, copy, distribute, display and perform the work.

Do plot synopses and reproductions of photographs infringe on copyrights?

A plot synopsis may or may not infringe on a copyright, depending on whether the court finds that the use of original material is fair use. Photographs are protected by the copyright holder's rights to both reproduce and display his work, and this right may be violated by posting those photographs on the Internet.

What is defamation?

Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

Speech that involves a public figure--such as a corporation--is only defamatory if it is false and said with "actual malice", meaning with knowledge of the statement's falsity or in reckless disregard for the truth. It also must be factual rather than an expression of an opinion. In the United States, because of our strong free speech protections, it is extremely difficult to prove defamation of a public figure.

Truth is an absolute defense to a claim of defamation, but of course, the truth can be difficult and expensive to prove.

Opinions are not defamatory, but the issue is whether a reasonable reader or listener could understand the statement in question as asserting a statement of verifiable fact, not whether it is labeled as "opinion."

Are legal documents copyrightable?

Legal documents such as briefs, contracts, and even cease-and-desist letters written by private attorneys (but not by government lawyers) may be protected by copyright like any other material "fixed in a tangible medium of expression." However, greater fair use defenses may be available to those who copy legal documents. For example, it may be uniquely necessary to use the precise language of the document; the document may have little "creative" input; and its copying may not impact the market for legal services.

What is copyright protection?

Copyright vests in a creative work - including literary, musical, dramatic, choreographic, pictorial or graphic, audiovisual, or architectural works, or sound recordings, but not in ideas, at the moment the work is fixed in tangible form.

Copyright grants a variety of rights to the owner of a creative work, which means that the work (and the owner of the rights) is protected from others doing those things without the owner's permission.

"Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Does copyright protect words or short phrases?

No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be "original works of authorship" under the Copyright Act. Names may be protected by trademark, in some instances. See the  FAQ for more information.

What is the difference between plagiarism and copyright infringement?

Many people confuse the two, but copyright infringement and plagiarism are different concepts. Plagiarism occurs when a dishonest writer, or some other person, copies another's words or ideas without attributing them to the true author. Black's Law Dictionary 1170 (7th ed.1999). With plagiarism, it does not matter whether the words are copyrighted .

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

What is a valid copyright license?

A valid license is an agreement where the copyright owner retains his or her ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

What is misappropriation of copyrighted material?

One has misappropriated copyrighted material if he or she has acquired, disclosed, or used the material without the permission/license from the holder of the copyrighted material, where such activities were done through improper means or in breach of an obligation of confidentiality or non-use.

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DMCA (Copyright) Complaint to Google

sender

Total Wipes Music Group

on behalf of Aborigeno Music

recipient

Google, Inc.

submitter

Google, Inc.

submitter

Google, Inc.

principal

Aborigeno Music

Re: Unknown

Copyright claim #1