If such an individual or organisation
belongs to
India, you are better situated as he/she/it can be hauled as per
Indian Copyright Act, 1957 and other laws. However, if such an
individual or organisation is located outside India, that make the
whole equation complicated. In such cases you have to invoke laws of
foreign jurisdictions.
In United States (US), the Digital
Millennium
Copyright Act (DMCA) and Online
Copyright Infringement Liability Limitation Act (OCILLA)
primarily cover copyright issues of cyberspace. They confer a “safe
harbour” upon US online service providers (OSPs) and intermediaries
if they exercise due diligence and remove the offending contents upon
proper intimation to them.
On similar principles, Internet
intermediary liability in India has been
prescribed
through the cyber
law of India. The Internet
intermediaries in India are required to remove
an
offending material within 36 hours of sending of the intimation to
them in this regard.
Perry4Law
and Perry4Law
Techno Legal Base (PTLB) have been sending DMCA
notices and Intermediary notices to US and
Indian websites
and companies for long. Till now we have sent more than 100
successful DMCA notices to US websites. All of them have been duly
complied with by US websites and companies.
In this article we are discussing about
those US
websites/companies that have been very supportive and cooperative
regarding DMCA notices for alleged copyright violation, trademark
infringement and removal of other objectionable contents. We have
arranged them in alphabetic order (with no preference or priority).
These US/foreign websites/companies are:
(1) Google/Blogspot
(2) Hostgator
(3) Maars Net
(4) Posterous
(5) Singlehop
(6) Typepad
Further, we also found Facebook very
cooperative
while resolving a copyright violation matter with a third party.
All you have to do to get desired
results is to send
the DMCA notice in proper format to the most appropriate person in
the best possible manner. We would cover this issue subsequently.
