DCMA complaint question

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   Anti-Valentineposted 11 years ago

   DCMA complaint question
   
   I pretty much know how to go about filing a DMCA complaint, but there remains one burning question. When you file a DMCA complaint, I've been told that you need to provide information such as your real name, email address and some even claim you must give your street address. Is this personally identifying information archived at a site such as chillingeffects.org, and displayed publicly for all to see, or is it kept private?

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2. 48

   Ericdierkerposted 11 years ago

   You had me interested with the "DCMA", which is clearly a typo.
   
   You cannot use a government remedy against another, anonymously. clearly there are exceptions. But when the complaint is about money, probably never.
   The right to confront and accuser outweighs you privacy concerns.

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3. 84

   sparksterposted 11 years ago

   Alternatively, you can legally get someone else to act on your behalf (as your representative).

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      Ericdierkerposted 11 years agoin reply to this

      Sparkster that is correct as far as whois databases are concerned. Only a minor can have someone act for them in this manner. Even then they are identified If you want to enforce your rights you are going to have to acknowledge who you are. PO bx.

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      sparksterposted 11 years agoin reply to this

      True, the copyright-holder will still need to be identified.  However, it's not only minors who can use a representative - anyone is entitled to use a legal representative, regardless of age.

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   3. 48

      Ericdierkerposted 11 years agoin reply to this

      sparkster, we agree --- anyone can have a representative, to represent them. The difference being that they must step up and be identified as to who the representative is representing. A child can be a "Doe" and a proxy will not work for copyright.

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4. 84

   mary615posted 11 years ago

   I have filed three separate DMCA complaints.  I was not asked for a street address.  An email address is necessary.  After you complete the form, your signature is electronically done.  I also had to give the URL of the Hubs that had been copied and from which site I read it.   I had results within 3 days, and my copied content was removed.
   Good luck.  In case you haven't found the info from HubPages, it is in the learning center.

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      Ericdierkerposted 11 years agoin reply to this

      The salient fact in these 3 matters is that they were obviously not opposed. Almost nothing is necessary if no one cares to question it. So this is absolutely correct, if nobody cares.

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   molometerposted 11 years ago

   
   
   I think Mary has answered your question perfectly well, but I just wanted to add something for your consideration.
   As the web is currently evolving. The ability to remain anonymous is going to be a thing of the past pretty soon.
   
   I know that many people prefer to write, under cover as it were. There are some very valid reasons for doing so purely from a literary point of view.
   For example:- an author that is well known for writing in one genre may wish to try writing in another genre. In order to not upset his/her fan-base may write under an assumed name. This is quite common.
   However, Google in it's wisdom has decided that authors need to be identifiable and have put this into action using their 'Author link' protocol. Author's will be known to and verified by Google.
   This it is hoped will eliminate the need for DMCA complaints in the future, because it will be blatantly obvious who originated the work in question.
   Hope this gives you some food for thought.

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      wqaindiaposted 11 years agoin reply to this

      Sir, Your answer has put many questions coming to my mind at rest as I have taken to writing Hubs after my retirement and with my  real Google profile as I believe in Speak Truth and Forget.

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      Anti-Valentineposted 11 years agoin reply to this

      Not having to file a DMCA complaint -- that all sounds wonderful and somewhat terrifying at the same time.

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   Faith Reaperposted 11 years ago

   Great question, and it appears Mary has answered it.  When I first joined HP, one of the my very first poems I published was stolen by that Big Ezine (spell?) site, which was also stealing other hubbers' work too.  I would have not had a clue, if it had not been for another hubber who informed me of such.  I was so upset and did not know what to do about it.  Thankfully, some hubbers had gotten that paricular site shutdown.  What does DMCA actually stand for, if you do not mind?

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   1. 48

      Ericdierkerposted 11 years agoin reply to this

      the Digital Millennium Copyright Act.
      The portion that is being discussed here is just the notification process and not a formal complaint in Federal Court or the Office of copyrights.
      This part just deals with quick remedies in the digital realm.

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      Faith Reaperposted 11 years agoin reply to this

      Oh, thank you very much, Ericdierker!

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7. 77

   tlpoagueposted 11 years ago

   I have had to file a few complaints, but to say me some grief, I wrote the party in question first about the content in question. If they didn't take it down in a timely manner, I then filed it. Like Mary, I wasn't asked for a street address, only an email. Like Molometer posted, hopefully, with Google's Author Link, it will help sway people from taking content that isn't theirs. With new technology coming out so quickly, I don't see the ability to remain anonymous much longer.

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      mary615posted 11 years agoin reply to this

      I went to this Blogger's comment section and politely asked him to remove my content.  I waited 3 days, they were still there.  He had copied my entire Hubs right down to the family photographs I had included.  Then I filed the complaints.

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      tlpoagueposted 11 years agoin reply to this

      That is awful when that happens. I remember when that one website was set up to steal everyone's hubs. One of mine was stole with my children's pictures on it. I think that is the only time I went straight to a DMCA complaint.

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   Emanate Presenceposted 11 years ago

   Sorry this does not directly answer your question, but I see that others have addressed it well.
   
   My 'answer' is more a long comment to the answers given, about my experience.
   
   A prose I wrote in the 70s is posted on ReoCities. First I sent emails to the original poster, an older woman who included it as a tribute to her twin brother who passed. I appreciated her intent and wanted to be gentle. There was no answer. Probably she is not online much if she is even still alive.
   
   ReoCities is the content of GeoCities, which Yahoo! abandoned. I found the email address of the person behind it using whois and sent emails. Sent also a Jacquie Lawson e-card as a thank you in advance with the idea that it would tell me if someone was opening the email. No response.
   
   I have a hub all ready to publish and cannot because of this duplicate content. It is time for me to bite the bullet (or as Kati says in her delightful mixed metaphors, 'bite the bull by the horns'.) Next stop, the Learning Center and filing a DMCA complaint.

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