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Title: NO WARNINGS FOR ILLEGAL ACTIVITY. You're gone: tpane banned at eLPee by sysadmin, Gatlin, Palmdale, community agitators
Source:
eLPee
URL Source: http://www.libertypost.org/cgi-bin/ ... .cgi?ArtNum=349958&Disp=12#C12
Published: Jan 6, 2015
Author: sysadmin
Post Date: 2015-01-06 22:46:59 by Hondo68
Keywords: community agitators, palmdale, tater, gatlin
Views: 58304
Comments: 94
#6. To: sysadmin (#5) (Edited) L.A. Times v. Free Republic Source: The Washington Post. I can see it now: The Washington Post v. Liberty Post courtesy of tpaine. How much did the lawsuit cost Free Republic? Sys Admin - I suggest you remove the article and include tpaine in your ping since he posted it. Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine KNOWS this. I suspect that is why he intentionally left the source blank. http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/01/05/uncivil- obedience/ FYI Not good. Not good. Not good at all!!! Are you guys saying that tpaine deliberately posted copyrighted material and attempted to hide that it was coming from such a source? That is a serious charge. Tpaine, I'm giving you the opportunity to explain whether or not this is the case. In the meantime I am going to redact the original article until the truth of this can be determined. Yes, I now "own" the virtual server LP is running on as I am the one one paying the bill. Very soon LP will be running on my own server. I am the one who will be held responsible for any violations. I'm very sorry, but I will not tolerate illegal actions of any kind here. NO WARNINGS FOR ILLEGAL ACTIVITY. You're gone. Since the offending material has been removed I will leave this thread here as a warning. I'll leave it open for now but may lock it after hearing what the community has to say. Poster Comment: Shot down by nanny state community organizers, tater and palmjob.
URL Source: [None]
Post Date: 2015-01-05 22:01:50 by tpaine
#7. To: sysadmin (#5)
#8. To: Gatlin (#6) Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine know this. I suspect that is why he intentionally left the source blank.
#9. To: Palmdale (#8) Goldi Has repeatedly stated NOTHING is to be posted from The Washington Post as per the letter TWP sent to her and tpaine know this. I suspect that is why he intentionally left the source blank.
#10. To: Gatlin, Palmdale, tpaine (#9)
#12. To: tpaine (#11) I'd say we should wait and see if the washpost sends us another infringement notice. -- I'd bet that since we no longer have an 'owner' (subject to finding Goldies will), that they simply won't bother, and so will no one else.
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Begin Trace Mode for Comment # 17.
#1. To: hondo68 (#0)
We duns good huh..Spike huh..huh? Spikes my hero....
#25 To: A Pole, sysadmin (#21) (Edited) How to Avoid Unintentional Online Copyright Infringement. Gatlin posted on 2015-01-07 6:44:47 ET Gatlin's link is now the first link provided in a new LP "help" section on copyright infringement. The link goes to a 2011 article about Righthaven. Preaching the ravings of Righthaven is a poorly chosen example. In 2011, Righthaven tried its douchebag act against DU. DU countersued and won $131,457.50 just in legal fees, and caused Righthaven to soon be bankrupt and out of business. Below is Document 201 of 14 June 2012 from the case. v. DEMOCRATIC UNDERGROUND, LLC, a District of Case No.: 2:10-cv-01356-RLH-GWF O R D E R (Motion for Attorneys’ Fees #191) Before the Court is Defendants Democratic Underground and David Allen’s Motion for Attorneys’ Fees (#191, filed Apr. 10, 2012). Plaintiff Righthaven LLC did not respond to the motion. The Court notes that this motion was originally brought as against both Plaintiff Righthaven and against Counter-defendant Stephens Media LLC. However, on May 25, Democratic Underground and David Allen submitted a notice to the Court (Dkt. #200) stating that they were withdrawing the portion of their motion directed at Stephens Media separately and Stephens Media and Righthaven jointly. Thus, the only portion of the motion that remains for the Court to address is the request for fees against Righthaven separately from Stephens Media. However, since Righthaven has failed to oppose the motion, the Court need not even address that portion of the motion substantively. Rule 7-2(d) of the Local Rules of Practice provides that failure to file points and authorities in opposition to a motion constitutes a consent that the motion be granted. Abbott v. United Venture Capital, Inc., 718 F. Supp. 828, 831 (D. Nev. 1989). It has been said these local rules have the force of law no less than the federal rules or acts of Congress. United States v. Hvass, 355 U.S. 570, 574-75 (1958); see also Weil v. Neary, 278 U.S. 160, 169 (1929); Marshall v. Gates, 44 F.3d 722, 723 (9th Cir. 1995). Thus, the Court grants Defendants request for fees in the amount of $131,457.50 against Righthaven. The Court further notes that it has reviewed the motion substantively, considered the non-exclusive factors used in the Ninth Circuit to determine whether fees should be awarded in a copyright action, Entm’t Research Group v. Genesis Creative Group, 122 F.3d 1211, 1229 (9th Cir. 1997), and determined that fees are warranted in this case. Further, the Court has determined that the fees Defendants request are reasonable under the lodestar method. See, e.g., Hensley v. Eckerhard, 461 U.S. 424, 433 (1983). Thus, even had Righthaven responded to the motion, the result would be the same. CONCLUSION Accordingly, and for good cause appearing, IT IS HEREBY ORDERED that Defendants Motion for Attorneys’ Fees (#191) is GRANTED. The Court awards fees as against Righthaven in the amount of $131.457.50. Dated: June 12, 2012. ROGER L. HUNT DU nailed Righthaven not only for its case, but for all previous cases. Righthaven was bankrupted and auctioned off. From Document #116, ORDER issued 14 June 2011 Finally, Righthaven contends that multiple courts within this district have already determined that Righthaven has standing to bring claims for past infringement under the Silver standard based on the plain language of the copyright assignment. At best, this argument is disingenuous. As the undersigned issued one of the orders Righthaven cites for this argument, the undersigned is well aware that Righthaven led the district judges of this district to believe that it was the true owner of the copyright in the relevant news articles. Righthaven did not disclose the true nature of the transaction by disclosing the SAA or Stephens Media’s pecuniary interests. As the SAA makes abundantly clear, Stephens Media retained the exclusive rights, never actually transferring them to Righthaven regardless of Righthaven’s and Stephens Media’s current contentions. Further, Righthaven also failed to disclose Stephens Media in its certificates of interested parties, despite Stephens Media’s right to proceeds from these lawsuits. (Dkt. #79, Ex. 1, SAA Section 5 (granting Stephens Media a fifty percent interest in any recovery, minus costs).) Since those orders were tainted by Righthaven’s failure to disclose the SAA and Stephens Media’s true interest, those decisions are not persuasive and do not support standing here. [...] IV. Order to Show Cause As shown in the preceding pages, the Court believes that Righthaven has made multiple inaccurate and likely dishonest statements to the Court. Here, however, the Court will only focus on the most factually brazen: Righthaven’s failure to disclose Stephens Media as an interested party in Righthaven’s Certificate of Interested Parties. (Dkt. #5.) Rule 7.1-1 of the Local Rules of Practice for the District of Nevada requires parties to disclose “all persons, associations of persons, firms, partnerships or corporations (including parent corporations) which have a direct, pecuniary interest in the outcome of the case.” This Local Rule requires greater disclosure than Federal Rule 7.1, which only requires non-governmental corporate parties to disclose parent corporations or corporations owning more than 10% of the party’s stock. Frankly, if receiving 50% of litigation proceeds minus costs (Dkt. #79, SAA Section 5) does not create a pecuniary interest under Local Rule 7.1-1, the Court isn’t sure what would. Making this failure more egregious, not only did Righthaven fail to identify Stephens Media as an interested party in this suit, the Court believes that Righthaven failed to disclose Stephens Media as an interested party in any of its approximately 200 cases filed in this District. Accordingly, the Court orders Righthaven to show cause, in writing, no later than two (2) weeks from the date of this order, why it should not be sanctioned for this flagrant misrepresentation to the Court. http://arstechnica.com/tech-policy/2013/05/copyright-troll-righthaven-finally-completely-dead/ Never had standing to sue, Ninth Circuit confirms. by Nate Anderson - May 9, 2013 7:00 pm UTC Righthaven, the Las Vegas operation that sought to turn newspaper article copyright lawsuits into a business model, can now slap a date on its death certificate: May 9, 2013. This morning, the US Court of Appeals for the Ninth Circuit ruled on the two Righthaven appeals that could have given the firm a final glimmer of hope—and the court told Righthaven to take a hike (PDF). [snip] https://en.wikipedia.org/wiki/Righthaven
Good find, thank you, nc, Righthaven is a poorly chosen example, but one only has to look at the source to understand. lmbo.... May I have your permission to post this information on LP?
DMCA SAFE HARBOR PROVISIONS - Codified in Statute DMCA = Digital Millenium Copyright Act http://law.justia.com/codes/us/2012/title-17/chapter-5/section-512/ http://statecodesfiles.justia.com/us/2012/title-17/chapter-5/section-512/section-512.pdf 2012 US Code Title 17 - Copyrights Chapter 5 - COPYRIGHT INFRINGEMENT AND REMEDIES (§§ 501 - 513) Section 512 - Limitations on liability relating to material online COPYRIGHT INFRINGEMENT AND REMEDIES - 17 U.S.C. § 512 (2012) §512. Limitations on liability relating to material online (2) the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider; (3) the service provider does not select the recipients of the material except as an automatic response to the request of another person; (4) no copy of the material made by the service provider in the course of such intermediate or transient storage is maintained on the system or network in a manner ordinarily accessible to anyone other than anticipated recipients, and no such copy is maintained on the system or network in a manner ordinarily accessible to such anticipated recipients for a longer period than is reasonably necessary for the transmission, routing, or provision of connections; and (5) the material is transmitted through the system or network without modification of its content. (B) the material is transmitted from the person described in subparagraph (A) through the system or network to a person other than the person described in subparagraph (A) at the direction of that other person; and (C) the storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A), if the conditions set forth in paragraph (2) are met. (2) Conditions.—The conditions referred to in paragraph (1) are that— (B) the service provider described in paragraph (1) complies with rules concerning the refreshing, reloading, or other updating of the material when specified by the person making the material available online in accordance with a generally accepted industry standard data communications protocol for the system or network through which that person makes the material available, except that this subparagraph applies only if those rules are not used by the person described in paragraph (1)(A) to prevent or unreasonably impair the intermediate storage to which this subsection applies; (C) the service provider does not interfere with the ability of technology associated with the material to return to the person described in paragraph (1)(A) the information that would have been available to that person if the material had been obtained by the subsequent users described in paragraph (1)(C) directly from that person, except that this subparagraph applies only if that technology— (ii) is consistent with generally accepted industry standard communications protocols; and (iii) does not extract information from the provider's system or network other than the information that would have been available to the person described in paragraph (1)(A) if the subsequent users had gained access to the material directly from that person; (D) if the person described in paragraph (1)(A) has in effect a condition that a person must meet prior to having access to the material, such as a condition based on payment of a fee or provision of a password or other information, the service provider permits access to the stored material in significant part only to users of its system or network that have met those conditions and only in accordance with those conditions; and (E) if the person described in paragraph (1)(A) makes that material available online without the authorization of the copyright owner of the material, the service provider responds expeditiously to remove, or disable access to, the material that is claimed to be infringing upon notification of claimed infringement as described in subsection (c)(3), except that this subparagraph applies only if— (ii) the party giving the notification includes in the notification a statement confirming that the material has been removed from the originating site or access to it has been disabled or that a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled. (ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. (2) Designated agent.—The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information: (B) other contact information which the Register of Copyrights may deem appropriate. The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, and may require payment of a fee by service providers to cover the costs of maintaining the directory. (3) Elements of notification.— (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. (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. (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. (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. (B)(i) Subject to clause (ii), a notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions of subparagraph (A) shall not be considered under paragraph (1)(A) in determining whether a service provider has actual knowledge or is aware of facts or circumstances from which infringing activity is apparent. (ii) In a case in which the notification that is provided to the service provider's designated agent fails to comply substantially with all the provisions of subparagraph (A) but substantially complies with clauses (ii), (iii), and (iv) of subparagraph (A), clause (i) of this subparagraph applies only if the service provider promptly attempts to contact the person making the notification or takes other reasonable steps to assist in the receipt of notification that substantially complies with all the provisions of subparagraph (A). (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), 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 that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) 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. (B) the institution has not, within the preceding 3-year period, received more than two notifications described in subsection (c)(3) of claimed infringement by such faculty member or graduate student, and such notifications of claimed infringement were not actionable under subsection (f); and (C) the institution provides to all users of its system or network informational materials that accurately describe, and promote compliance with, the laws of the United States relating to copyright. (2) For the purposes of this subsection, the limitations on injunctive relief contained in subsections (j)(2) and (j)(3), but not those in (j)(1), shall apply. (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. (2) Exception.—Paragraph (1) shall not apply with respect to material residing at the direction of a subscriber of the service provider on a system or network controlled or operated by or for the service provider that is removed, or to which access is disabled by the service provider, pursuant to a notice provided under subsection (c)(1)(C), unless the service provider— (B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and (C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network. (3) Contents of counter notification.—To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following: (B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. (C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. (4) Limitation on other liability.—A service provider's compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C). (2) Contents of request.—The request may be made by filing with the clerk— (B) a proposed subpoena; and (C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only be used for the purpose of protecting rights under this title. (3) Contents of subpoena.—The subpoena shall authorize and order the service provider receiving the notification and the subpoena to expeditiously disclose to the copyright owner or person authorized by the copyright owner information sufficient to identify the alleged infringer of the material described in the notification to the extent such information is available to the service provider. (4) Basis for granting subpoena.—If the notification filed satisfies the provisions of subsection (c)(3)(A), the proposed subpoena is in proper form, and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return it to the requester for delivery to the service provider. (5) Actions of service provider receiving subpoena.—Upon receipt of the issued subpoena, either accompanying or subsequent to the receipt of a notification described in subsection (c)(3)(A), the service provider shall expeditiously disclose to the copyright owner or person authorized by the copyright owner the information required by the subpoena, notwithstanding any other provision of law and regardless of whether the service provider responds to the notification. (6) Rules applicable to subpoena.—Unless otherwise provided by this section or by applicable rules of the court, the procedure for issuance and delivery of the subpoena, and the remedies for noncompliance with the subpoena, shall be governed to the greatest extent practicable by those provisions of the Federal Rules of Civil Procedure governing the issuance, service, and enforcement of a subpoena duces tecum. (B) accommodates and does not interfere with standard technical measures. (2) Definition.—As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and— (B) are available to any person on reasonable and nondiscriminatory terms; and (C) do not impose substantial costs on service providers or substantial burdens on their systems or networks. (ii) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is engaging in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order. (iii) Such other injunctive relief as the court may consider necessary to prevent or restrain infringement of copyrighted material specified in the order of the court at a particular online location, if such relief is the least burdensome to the service provider among the forms of relief comparably effective for that purpose. (B) If the service provider qualifies for the limitation on remedies described in subsection (a), the court may only grant injunctive relief in one or both of the following forms: (ii) An order restraining the service provider from providing access, by taking reasonable steps specified in the order to block access, to a specific, identified, online location outside the United States. (2) Considerations.—The court, in considering the relevant criteria for injunctive relief under applicable law, shall consider— (B) the magnitude of the harm likely to be suffered by the copyright owner in the digital network environment if steps are not taken to prevent or restrain the infringement; (C) whether implementation of such an injunction would be technically feasible and effective, and would not interfere with access to noninfringing material at other online locations; and (D) whether other less burdensome and comparably effective means of preventing or restraining access to the infringing material are available. (3) Notice and ex parte orders.—Injunctive relief under this subsection shall be available only after notice to the service provider and an opportunity for the service provider to appear are provided, except for orders ensuring the preservation of evidence or other orders having no material adverse effect on the operation of the service provider's communications network. (1) Service provider.—(A) As used in subsection (a), the term “service provider” means an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received. (B) As used in this section, other than subsection (a), the term “service provider” means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A). (2) Monetary relief.—As used in this section, the term “monetary relief” means damages, costs, attorneys’ fees, and any other form of monetary payment. (2) a service provider gaining access to, removing, or disabling access to material in cases in which such conduct is prohibited by law. (Added Pub. L. 105–304, title II, §202(a), Oct. 28, 1998, 112 Stat. 2877; amended Pub. L. 106–44, §1(d), Aug. 5, 1999, 113 Stat. 222; Pub. L. 111–295, §3(a), Dec. 9, 2010, 124 Stat. 3180.) References in Text The Federal Rules of Civil Procedure, referred to in subsec. (h)(6), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. Codification Another section 512 was renumbered section 513 of this title. Amendments 2010—Subsec. (c)(2). Pub. L. 111–295 struck out “, in both electronic and hard copy formats” after “Internet” in concluding provisions. 1999—Subsec. (e). Pub. L. 106–44, §1(d)(1)(A), substituted “Limitation on Liability of Nonprofit Educational Institutions” for “Limitation on liability of nonprofit educational institutions” in heading. Subsec. (e)(2). Pub. L. 106–44, §1(d)(1)(B), struck out par. heading “Injunctions”. Subsec. (j)(3). Pub. L. 106–44, §1(d)(2), substituted “Notice and ex parte orders” for “Notice and Ex Parte Orders” in heading. Effective Date Pub. L. 105–304, title II, §203, Oct. 28, 1998, 112 Stat. 2886, provided that: “This title [enacting this section and provisions set out as a note under section 101 of this title] and the amendments made by this title shall take effect on the date of the enactment of this Act [Oct. 28, 1998].”
There are no replies to Comment # 17. End Trace Mode for Comment # 17.
Top • Page Up • Full Thread • Page Down • Bottom/LatestYou're gone: tpane banned at eLPee by sysadmin, Gatlin, Palmdale, community agitators
#7. To: Murron, A K A Stone (#1)
From LP:
RIGHTHAVEN LLC, a Nevada limited liability company,
Plaintiff,
Columbia limited-liability company; and DAVID ALLEN,
an individual,
Defendants.
United States Judge 5. Prior Rulings within this District
Copyright troll Righthaven finally, completely dead
On October 26, 2011, Righthaven was ordered to pay $119,488 in attorney's fees and court costs in its lawsuit against former federal prosecutor Thomas DiBiase. Righthaven had sued DiBiase for posting a Review-Journal story about a murder case without permission. Hunt, who had also presided over the Democratic Underground case, threw out Righthaven's suit that summer after finding Righthaven lacked standing.
#9. To: nolu chan (#7)
#17. To: Murron, A K A Stone (#9)
(a) Transitory Digital Network Communications.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider's transmitting, routing, or providing connections for, material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material in the course of such transmitting, routing, or providing connections, if—
(1) the transmission of the material was initiated by or at the direction of a person other than the service provider;
(b) System Caching.—
(1) Limitation on liability.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which—
(A) the material is made available online by a person other than the service provider;
(A) the material described in paragraph (1) is transmitted to the subsequent users described in paragraph (1)(C) without modification to its content from the manner in which the material was transmitted from the person described in paragraph (1)(A);
(i) does not significantly interfere with the performance of the provider's system or network or with the intermediate storage of the material;
(i) the material has previously been removed from the originating site or access to it has been disabled, or a court has ordered that the material be removed from the originating site or that access to the material on the originating site be disabled; and
(c) Information Residing on Systems or Networks At Direction of Users.—
(1) In general.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider—
(A)(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
(A) the name, address, phone number, and electronic mail address of the agent.
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(d) Information Location Tools.—A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright 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—
(1)(A) does not have actual knowledge that the material or activity is infringing;
(e) Limitation on Liability of Nonprofit Educational Institutions.—(1) When a public or other nonprofit institution of higher education is a service provider, and when a faculty member or graduate student who is an employee of such institution is performing a teaching or research function, for the purposes of subsections (a) and (b) such faculty member or graduate student shall be considered to be a person other than the institution, and for the purposes of subsections (c) and (d) such faculty member's or graduate student's knowledge or awareness of his or her infringing activities shall not be attributed to the institution, if—
(A) such faculty member's or graduate student's infringing activities do not involve the provision of online access to instructional materials that are or were required or recommended, within the preceding 3-year period, for a course taught at the institution by such faculty member or graduate student;
(f) Misrepresentations.—Any person who knowingly materially misrepresents under this section—
(1) that material or activity is infringing, or
(g) Replacement of Removed or Disabled Material and Limitation on Other Liability.—
(1) No liability for taking down generally.—Subject to paragraph (2), a service provider shall not be liable to any person for any claim based on the service provider's good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.
(A) takes reasonable steps promptly to notify the subscriber that it has removed or disabled access to the material;
(A) A physical or electronic signature of the subscriber.
(h) Subpoena To Identify Infringer.—
(1) Request.—A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.
(A) a copy of a notification described in subsection (c)(3)(A);
(i) Conditions for Eligibility.—
(1) Accommodation of technology.—The limitations on liability established by this section shall apply to a service provider only if the service provider—
(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and
(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;
(j) Injunctions.—The following rules shall apply in the case of any application for an injunction under section 502 against a service provider that is not subject to monetary remedies under this section:
(1) Scope of relief.—(A) With respect to conduct other than that which qualifies for the limitation on remedies set forth in subsection (a), the court may grant injunctive relief with respect to a service provider only in one or more of the following forms:
(i) An order restraining the service provider from providing access to infringing material or activity residing at a particular online site on the provider's system or network.
(i) An order restraining the service provider from providing access to a subscriber or account holder of the service provider's system or network who is using the provider's service to engage in infringing activity and is identified in the order, by terminating the accounts of the subscriber or account holder that are specified in the order.
(A) whether such an injunction, either alone or in combination with other such injunctions issued against the same service provider under this subsection, would significantly burden either the provider or the operation of the provider's system or network;
(k) Definitions.—
(l) Other Defenses Not Affected.—The failure of a service provider's conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider's conduct is not infringing under this title or any other defense.
(m) Protection of Privacy.—Nothing in this section shall be construed to condition the applicability of subsections (a) through (d) on—
(1) a service provider monitoring its service or affirmatively seeking facts indicating infringing activity, except to the extent consistent with a standard technical measure complying with the provisions of subsection (i); or
(n) Construction.—Subsections (a), (b), (c), and (d) describe separate and distinct functions for purposes of applying this section. Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.
Replies to Comment # 17.
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