Tuesday, June 19, 2012

DMCA Takedown notice from Sprint

Dear Automattic:
For the following reasons, Sprint Nextel requests that you immediately disable access to the website at http://insidesprintnow.wordpress.com
It has come to Sprint Nextel's attention that the user has posted numerous documents on the site without authorization from Sprint Nextel. Many of these documents are clearly marked as confidential. All are believed to be protected by copyright or to include other Sprint intellectual property that is protected by state and federal intellectual property laws. Moreover, the posting of these documents appears to violate Automattic's Terms and Conditions of Service, in particular Section 2.
1. The intellectual property infringed are copyrights in the Sprint Nextel documents posted and, if marked with the Sprint logo, Copyright No. VA 1-738-903, the Sprint trademark, US Trademark Reg. No. 1104943 and the Sprint Logo trademark, US Trademark Reg No. 3525717;
2. The address of the site where the documents are posted is http://insidesprintnow.wordpress.com
3. The customer's activity also appears to violate the network provider's terms of use.
4. The site is not authorized by the copyright owner, Sprint Communications Company L.P. or its parent, Sprint Nextel Corporation.

It has been indicated to us that "all videos and documents posted between April 28, 2012 and June 16, 2012 are covered by confidentiality and copyright of Sprint Nextel, its subsidiaries or its vendors".

I hereby certify under penalty of perjury that to the best of my knowledge and information that I have a good faith belief that the activity complained of infringes on the intellectual property rights of the owner and that the unauthorized posting and infringing use complained of is not defensible. I also state that I am authorized to act on behalf of the owner.

Sincerely,

Elena Powell
Sprint Nextel Law Department
6450 Sprint Parkway
Overland Park, KS 66251
--
WP says:
"
The blog will remain suspended unless and until you agree to remove the content that is in question or you successfully challenge the DMCA takedown request per the process that was forwarded to you."
>
> "2) Send the above notice to dmca@automattic.com. We will forward the
> counter-notice, in its entirety and including all of your contact details,
> to the claimant. Please ensure that this is sent as a separate email. Do
> not reply to this email with your counter-notice."
>
> so is the only option for me to agree to remove everything they list?
Yes. The laws governing the application of the DMCA require you to expose your personal information to the claimant as challenging the notice is a legal process. You should not challenge the notice unless you are willing to take the matter to court.

1 comment:

  1. Damn... They are going after you. I am sending snail-mail to that lawyer dog in the takedown notice. We need to tell Sprint you did more than their retention department and an ugly blue case did during EVOGATE.

    ReplyDelete