Thursday, May 9, 2013

Blog post removed due to DMCA complaint

Digital Millennium Copyright Act
Minutes ago I received this message from Blogger.

We have received a DMCA complaint for your blog, blog.parakum.com. An e-mail with the details of the complaint was sent to you on May 9, 2013, and we reset the post status to "Draft"; you can edit it here. You may republish the post with the offending content and/or link(s) removed. If you believe you have the rights to post this content, you can file a counter-claim with us. For more on our DMCA policy, please click here. Thank you for your prompt attention.

I checked my email inbox and saw this message. 

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to \"draft\" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.

A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. In order to file a counter-claim, please see http://www.google.com/support/bin/request.py?contact_type=lr_counternotice&product=blogger.

The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org
. We do this in accordance with the Digital Millennium Copyright Act (DMCA). You can search for the DMCA notice associated with the removal of your content by going to the Chilling Effects search page at http://www.chillingeffects.org/search.cgi, and entering in the URL of the blog post that was removed.

If it is brought to our attention that you have republished the post without removing the content/link in question, then we will delete your post and count it as a violation on your account. Repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account including deleting your blog and/or terminating your account. DMCA notices concerning content on your blog may also result in action taken against any associated AdSense accounts. If you have legal questions about this notification, you should retain your own legal counsel.

Sincerely,

The Blogger Team

Affected URLs:

http://blog.parakum.com/2010/05/how-sri-lanka-president-mahinda.html
 
I tried to look for the DMCA notice associated with the removal of my content by going to the Chilling Effects search page but failed to find detail. 

I was not in a position to die for this post and just attempted to to file a counter notice to reinstate content that was removed due to an alleged copyright violation. 

But then I was warned that filing a counter-notification may lead to legal proceedings between me and the complaining party.
Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.


Blogger further said, "After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.
Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way."


I simply gave it up. I will not republish the post here.

-Ajith Perakum Jayasinghe

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