Re: Copyright - Timely notice

["Christopher E. Cramer" <chris.cramer () DUKE EDU>]

Actually, the 10 (to 14) day window deals with the time period for putting
info back online *after* receiving a counter notification.

Assume the following.  A student has a copyrighted file on your webserver
which is there without permission of the copyright owner.  The
MPAA/RIAA/ESA/etc. contact you.  Because the material resides on your
server, you are legally obligated to take it offline "expeditiously."

The student files a counter claim.  You receive the counter claim and
send it back to the notifier.  You must then replace the material online
between 10 and 14 business days after receiving the counter claim.  The
notifier may use that time to seek a court order barring the material from
being put back online.

I believe that this is described in section 512(g).

-c

On Wed, 21 Dec 2005, Gary Flynn wrote:

> Jim Williams wrote:
>
> > There's only one portion of the DMCA that is time sensitive & is defined in
> > the statute that I know of - the 10 day window of opportunity in which the
> > accused has to file a counter claim.  That, according to my read of the law,
> > doesn't start until the notice is received by your registered claims agent.
>
> Does that mean if the organization doesn't notify the
> individual accused in a timely manner, the accused
> has lost the opportunity to file a counter claim?
>
> --
> Gary Flynn
> Security Engineer
> James Madison University
> www.jmu.edu/computing/security