[conspire] I get mail

Rick Moen rick at linuxmafia.com
Sun Apr 15 22:03:05 PDT 2012

Cranky complaint sent to me in my capacity as owner/operator of 
my Web site.  This is actually the first such complaint I've gotten in
maybe a decade-plus, and definitely the first under DMCA rules.
I'm serious that I _do_ take copyright concerns to heart.

FYI, 17 U.S.C. section 512(c)(3)(B) permits me to ignore takedown
requests that don't at least comply with clauses (ii), (iii), and (iv),
which this one appears not to because it appears to fail on clause (iv)
-- but I'm trying to be nice.  If a request satisfies clauses (ii),
(iii), and (iv) but is defective on some of the other three, the service
provider (i.e., me) is covered by DMCA safe harbour only if he/she
replies to the complaining party and 'assists' in giving that person the
chance to send a compliant takedown request.

----- Forwarded message from [snip correspondent contact data] -----

Date: Sun, 15 Apr 2012 23:21:02 -0400
From: [snip correspondent contact data]
To: bofh at linuxmafia.com
Subject: please remove http://linuxmafia.com/pub/humour/sigs

You may not copy my file and claim copyright on it.

Please take this page down immediately.

Thank you for your attention to this matter.

(Legally: [snip correspondent's name and prior e-mail address])

----- End forwarded message -----
----- Forwarded message from Rick Moen <rick at linuxmafia.com> -----

Date: Sun, 15 Apr 2012 21:53:04 -0700
From: Rick Moen <rick at linuxmafia.com>
To: [snip correspondent contact data]
Subject: Re: please remove http://linuxmafia.com/pub/humour/sigs
Organization: If you lived here, you'd be $HOME already.

Dear [name redacted]:

FYI, I nowhere assert copyright on that file or any of its contents.
You might be thinking of the front-page compilation copyright statement,
but that statement specifically disclaims any intent to assert copyright
over works with their own separate ownership and copyright.

linuxmafia.com complies with all removal requests for materials
that are credibly claimed via proper 17 U.S.C. section 512(c)(3)
notification to infringe valid copyright claims or to be the subect of
infringing activity.  Your request lacks three of the six required
elements for a 512(c)(3) request:

512(c)(3)(iv) information reasonably sufficient to permit the service
provider to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted.

512(c)(3)(v) 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.

512(c)(3)(vi) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

Additionally, I cannot help noticing (a) you appear to be not the actual
creator of _any_ of the .signatures in the collection, which means you 
have no copyright ownership, and (b) all of the .signatures are ones
that are widely and publicly posted to the Internet by their creators
and others, which would make prohibiting reuse difficult even for
them, and you are not one of them.

Best Regads,
Rick Moen
rick at linuxmafia.com

----- End forwarded message -----

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