Intellectual Property Law

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Intellectual Property Law

Got a DMCa notice from my ISP JA: The IP Attorney will need

Customer Question
Got a DMCa notice from...
Got a DMCa notice from my ISP
JA: The IP Attorney will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the IP Attorney can help you best. Please give me a bit more information, so we can help you best.
Customer: Whe i login to the motices site of my ISP i see couple of compliants from CEG TEK about a copy right issue and assing to login to thei
r site and settle
JA: Intellectual property law can be complex. Fortunately, the attorneys we work with can answer any questions you have about copyrights, and I'd like to match you with the person who's the best fit. Is there anything else the IP Attorney should be aware of?
Customer: no
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the IP Attorney about your situation and then connect you two.
Submitted: 1 year ago.Category: Intellectual Property Law
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Answered in 3 minutes by:
4/27/2016
IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 1 year ago
Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3,546
Experience: Patent Bar Certified
Verified
I hope this message finds you well, present circumstances excluded. I am a licensed IP attorney with over a dozen years of experience handling matters of this nature. It is a pleasure to assist you today. If you have received a DMCA notice from your ISP, then someone that claims ownership of some content on your site has requested this action. Did the notice specify in any great detail what the alleged infringing mark is and have you heard from the owner of this alleged IP? I look forward to hearing back from you at your convenience and working with you on this issue.
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Customer reply replied 1 year ago
yes about a file download from a torrent site .. should i provide all the details?
IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 1 year ago
No, that is enough. Are you familiar at all with how a DMCA takedown notice woks or what it is?
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Customer reply replied 1 year ago
no .. iam not and even confused on what this notice is about?
Customer reply replied 1 year ago
I am not sure who could have done it and should i be setting this issue even though it is not my fault?
IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 1 year ago
Good deal. A DMCA Takedown Notice is a notice from an ISP when they have been contacted by someone that owns what they purport to be intellectual property that is being used without permission. The DMCA is a federal law that attempts to address digital copyright infringement. It was designed to prevent ISP from getting sued for the infringement of their users. It is also designed to allow IP owners to more efficiently remove infringing content from public view without having to go to court, file injunctions, expend attorney fees, etc. So, in reality, the ISP is attempting to absolve themselves from liability because they have been tagged under the DMCA by someone that claims to own the IP that is own your site. The download file from the torrent site is the alleged infringing item. So, what are you to do? You are to immediately remove this download from your website (and I would delete it from your files altogether). There may be directions in the notice to notify the ISP when this is done. You should also follow those directions. Once that is complete, you are good to go. Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) on the ratings interface on your end. Best wishes!
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Customer reply replied 1 year ago
There was site link to settle in the notice i did go to the site and it just said to call them. I have not spoken to any one
IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 1 year ago
Give them a call. Once you know the content specifically, follow their directions and remove the content. I would also delete it from any digital files.
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Customer reply replied 1 year ago
Contact the ISP? or CEGTEK?
Customer reply replied 1 year ago
There is no info about taking down .. this is more from CEG TEK to settle with paying a fine
IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 1 year ago
You need to speak with the individual that is in the site link. If that is CEGTEK, then that is who you need to talk to here. If they demand some amount of money, then simply tell them you will remove the content but you are not paying money because you did not intentionally infringe on any IP they allegedly owe.
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IP Lawyer: Delta-Lawyer, Patent Prosecutor replied 1 year ago
Do you have any additional questions? This is a new and weird area of the law. The IP owners will try to get you for money. However, unless they can prove damage, it is really hard for them to take someone to court when that person voluntarily removes the content. Therefore, don't be afraid that they are going to sue you - let alone recover some great amount. Remove it, tell them it is removed and be done with it.
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Delta-Lawyer
Delta-Lawyer
Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3,546
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Experience: Patent Bar Certified

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