Starry (lost_cosmos) wrote in cat_macros,
Starry
lost_cosmos
cat_macros

http://www.livejournal.com/legal/dmca.bml

be forewarned. this entire community is copyright infringment according to LJ's OWN policies. unless you are posting pictures of your OWN cats that you took YOURSELF the shit is going to hit the fan.

this is all over user pics.

spread the word to macro communities etc.

i think its complete bullshit personally.

EDIT.



1. Dear user lost_cosmos,

We have received a report, properly formatted under the provisions set forth by United States law, indicating that your userpic located at [http://userpic.livejournal.com/67660813/1465415] violates the copyright of another. As such, we hereby direct you to delete that userpic and cease using the material on LiveJournal as soon as possible, but no later than 12:01 AM (one minute after midnight) on Sunday, March 16, 2008, to avoid further action against your account.

If you feel that this report is in error or that your use of the material falls under one of the categories permitted under copyright law, you are entitled to file a counter-notification, also under the provisions of US law; please contact us for information on how to do this. Filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable.

Regards,
Annika
LiveJournal Abuse Prevention Team

my reply

this user pic i have uploaded [which i have in no way shape or form ever claimed as property of mine or that i have made] is being claimed as copyright infringement and abuse.

its an animated cat macro of three cat macro pictures. i didn't even put them together in the sequence.

if you guys want to start this kind of copyright nonsense then you best start with the cat macro sites such as; lolcats.com and icanhascheezburger.com to name just two such cat macro sites. they both have this picture on them.

there are also several communities on LJ which are purely for cat macros, such as cat_macros where this image has been uploaded i am sure more than a few times. it was uploaded in the 30 days because i commented on it and used that icon.

i give credit whenever possible for my icons and art that i have in my LJ. this entire abuse claim against me is purely ridiculous because i am not the only person who has this icon, i'm being singled out because i am opinionated.


Dear user lost_cosmos,

While I understand your frustration in this situation, LiveJournal cannot provide specific information as to who filed the copyright claim. I can state that the person provided the necessary information required by the DMCA (as explained in this link http://www.livejournal.com/legal/dmca.bml), stating under penalty of perjury that they were the copyright holder of the image. LiveJournal is therefore legally required to process the copyright complaint as we have done.

Please be aware that failure to remove the userpic in question by the deadline given will result in your account being suspended for non-compliance with our directive. This is not meant to 'threaten' in any way, but merely to advise you of the next step of the process. Again, as noted previously, if you feel your use of this image is justified, you may file a counter-notification. Please note, though, that filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable. We strongly recommend that you consult a copyright lawyer before filing a counter-notification, as LiveJournal cannot provide advice on copyright issues.

Regards,
Annika
LiveJournal Abuse Prevention Team


Dear user lost_cosmos,

Thank you for your inquiry into this matter. LiveJournal must follow a strict procedure, outlined by the Digital Millenium Copyright Act (DMCA), when a copyright violation is reported. If a complete and valid notice of infringement is received from the copyright holder, the LiveJournal must act to remove the material from LiveJournal's servers. This is not LiveJournal creating such a policy, but is a procedure mandated by federal law.

Note that LiveJournal does not have any control over content that is stored at external sites such as the two you mention. LiveJournal also does not 'search' for copyright violations on LiveJournal, such as in the community you mention -- infringing material must be specifically reported to us.

Since we received such a report from the copyright holder, you were sent the email notifying you that you must delete this user icon. You are still required to delete this icon by the original deadline given to avoid further action against your account. As noted in that email, you have the right to file a counter-notification if you believe you are justified in your use of this image.

Regards,
Annika
LiveJournal Abuse Prevention Team

reply

please prove to me that the actual copyright holder of the image filed the complaint as i was notified that there is no copyright on the image either way so there cannot be any infringement to be had.

this is insane and a personal vandetta of the person who filed the claim.---

http://community.livejournal.com/toriamos/3065025.html

the user cumaeansibyl here is pissed off that i haven't yet credited them in my user profile for them animating the pictures. as far as i know, s/he didn't do it because i found the 100x100 pixel sized icon on greatest journal either way.

there is more than myself using this icon on all of the internet.

i have been a paid user on LJ for 3 years. i come to the support page and answer questions. i run several communities that are drama free. this entire thing is ALL DRAMA.

can cumaeansibyl claim any of this?


Dear user lost_cosmos,

While I understand your frustration in this situation, LiveJournal cannot provide specific information as to who filed the copyright claim. I can state that the person provided the necessary information required by the DMCA (as explained in this link http://www.livejournal.com/legal/dmca.bml), stating under penalty of perjury that they were the copyright holder of the image. LiveJournal is therefore legally required to process the copyright complaint as we have done.

Please be aware that failure to remove the userpic in question by the deadline given will result in your account being suspended for non-compliance with our directive. This is not meant to 'threaten' in any way, but merely to advise you of the next step of the process. Again, as noted previously, if you feel your use of this image is justified, you may file a counter-notification. Please note, though, that filing a counter-notification indicates that you are willing to defend yourself in court against a charge of copyright infringement, and you may be bound by civil and possibly criminal penalties if you are found liable. We strongly recommend that you consult a copyright lawyer before filing a counter-notification, as LiveJournal cannot provide advice on copyright issues.

Regards,
Annika
LiveJournal Abuse Prevention Team

reply
http://www.lolcats.com/view/49

are they the copyright holder? jackson brown?

http://community.livejournal.com/cat_macros/1137213.html

anyone in this thread own the copyright?

http://community.livejournal.com/cat_macros/3925204.html?view=31520212#t31520212

here is an ongoing thread right now in cat_macros who all are in my favour that the user cumaeansibyl is just causing drama over something that they have no copyright over at all, they made a false claim, they do not own the cat and they should have THEIR LJ suspended for making a false claim.


Dear user lost_cosmos,

As I have explained in my previous responses, LiveJournal cannot disclose who filed the copyright infringement notice. As for your location, your LiveJournal account is stored on servers that reside in the US -- therefore, the usage and content of your account is bound by US law, including copyright law.

If you believe you have the right to use under one of the categories permitted under copyright law, such as fair use, you are entitled to file a counter-notification, also under the provisions of US law; please contact us for information on how to do this.

At this time, thought, the original deadline of 12:01 AM (one minute after midnight) on Sunday, March 16, 2008 is still in place for the removal of this userpic from your account.

Regards,
Annika
LiveJournal Abuse Prevention Team

reply
http://community.livejournal.com/cat_macros/3925204.html?view=31531988#t31531988

are you reading this thread? this is my counter whatever.

i don't CARE to know who filed the claim. i DO argue that they cannot prove their copyright of the photo.


its very obvious from the initial contact from annika that this community is likely very safe because she isn't doing her job but drama starters can come here and start claiming copyright to anything they wish. wars can ensue. so my posting of the original picture would have no bearing whatsoever again in the thread either.

again complete wank and bullshit.

EDIT 2

d_konstantinov apparently owns the copyright to the image. his LJ is completely in russian so if there are any russian speaking folk here who care to translate and help out, i'd be much obliged.

EDIT 3

i cannot do anything further on the matter because LJ has decided to close the support thread completely; thus cutting off my means of communicating with them on the issue. whether that means they are dropping it or not because i want them to prove their case is up in the air.

*shakes head*

i have to open yet another support/contact email with them over this now.


i asked for the means to being filing the counter claim against the copyright holder of the user pic

http://userpic.livejournal.com/67660813/1465415

which through much delving and whatnot i have found to belong to the LJ user d_konstantinov; whose LJ is completely in russian so i cannot even begin to ask him if his copyright [if still valid in russia] extends to the US.

regardless of your DMCA rules that you have on LJ, to put it in the simplest terms, it does not comply to images which can be found by a google search. this cat image can be found easily [within the first 3 items therein] by typing "poopin'" and "false alarm" in google. therefore it is fair use parody property because it has been uploaded onto the internet. i am not using it for any monetary value, not gaining any profit from its use as an icon, nor claiming it as my property whatsoever. i did not change it from its original state.

if the person whom has this proposed "copyright" on the image would like to argue further some stake of improperity on my part of having a 100x100 pixel animated picture of a cat on a counter about pooping, and you, the LJ Abuse Team would like to further expend time in this issue, perhaps you should take a look into the REAL copyrights that are broken on nearly every single journal on your webservers because its highly unlikely that you will find a single journal that has ALL free use images, self taken images or non-copyright protected images on their journals.

EDIT 4

LJ's reply regarding the counter notification on copyright...


Dear LiveJournal user,

Thank you for your request to receive counter-notification information. Under the provisions set forth by 17 USC 512 (g)(3), a counter-notification must consist of the following:

(A) Your physical or electronic signature;

(B) Identification of the material in question, including the location at which the material appears;

(C) A statement, made under penalty of perjury in a United States court of law, that you have a good faith belief that the material in question was identified as a copyright violation as a result of mistake or misidentification, including the reasons why you believe this;

(D) Your full name, address, and telephone number, along with a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or, if you reside outside the United States, the district in which LiveJournal is located) and that you will accept service of process from the person who provided the initial notification.

Upon receipt of your official counternotification, we will provide your contact information to the individual who has filed the notice of copyright violation, so that he or she may begin legal proceedings against you. You will also be required, again under United States law, to remove the material for a period of 14 calendar days, to permit time for legal action to be filed.

Once again, we strongly urge you to contact a lawyer before filing a counternotification. By filing a counternotification, you indicate that you are willing to allow the courts to decide the right of use of the material in question, and you will be bound by civil and possibly criminal penalties if the case is decided against you.

Regards,
Annika
LiveJournal Abuse Prevention Team

so who was the lawyer again? i recall you saying that i have every right to know who my accuser is [and i knew that beforehand] and i don't think that this falls under the whole whistleblower blanket. before i have to consult any legal advice i should have that right upheld.

its totally bizzare how LJ picks and chooses which laws they uphold and which they choose not to down to the letter.

*head desk*

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