12160 - Cease and Desist - 120822.pdf

Replies to This Discussion

Permalink Reply by truth on August 27, 2013 at 10:22am

communication with our host ning. note,despite my desire to be part of this conversation o the zendesk site, I have no way (so far)

Justin Glyer

Aug 22 01:34 pm (PDT)

Hi Amanda,

We have already issued the very same cease and desist directly to Justin TV last night and they ceased streaming the live feed which illegally captured our broadcast and simultaneously streamed it online, something we do not permit. We have no claim against Justin TV’s embeddable player provided it does not contain our content without our authorization as it did here. This is what you must disable. Any links to Current TV should also be removed as Current TV ceased to exist on 8/20/2013.

Best,

Justin

Amanda (Ning Help Center)

Aug 22 01:19 pm (PDT)

Hi Justin,

Thanks for the revised letter. You identified the following link and page (http://12160.info/page/watch-current-tv-channel-shows-online-live-f...), but I need a bot more clarification from you.

Are you looking to have the embedded video player with "Justin.tv" removed from the page and/or all of the links on the page?

Thanks,
Amanda

Justin Glyer

Aug 22 12:33 pm (PDT)

HI Amanda,

I have attached a revised letter here. Please disable the content. I hope this concludes this matter.

Thanks,

Justin

Attachment(s)
12160 - Cease and Desist - 120822a.pdf

Amanda (Ning Help Center)

Aug 22 11:50 am (PDT)

Hi Justin,

Thanks for your response. We are eager to cooperate with you, but we are not able to remove the material until we receive a complete DMCA notice from you. The statements that you have provided do not include some key components, such as a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Therefore, we need to ask that you please provide us with the information of your previous email along with a statement that states “I declare under penalty of perjury that the information in my notification accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and I declare that I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

The easiest way to do this is to fill out our automated form at http://hc.ning.com/contact/legal/dmca.php.

We realize this request may seem unnecessary, but it is required before we are able to remove the material. Once we receive your response, which will complete the DMCA notice, we will remove the material expeditiously.

Please do not hesitate to contact us if you have any questions.

Thanks,
Amanda

Justin Glyer

Aug 22 11:34 am (PDT)

Hello Amanda,

The statement makes clear that the content being streamed both belongs to Al Jazeera America and is being done without our authorization. Our television network only launched yesterday and I assure you that we have not licensed it to any outside party with permission to distribute it via your social network. Please remove and/or disable any distribution of our content immediately.

Sincerely,

Justin Glyer

Amanda (Ning Help Center)

Aug 22 10:32 am (PDT)

Dear Justin,

Thank you for your notice relating to http://12160.info/, which is a social network hosted on the Ning platform. Ning is an online service provider that provides a set of technology applications that enable individuals to build their own social networks (we refer to these individuals as “Network Creators”). Ning is not involved in the decisions relating to material uploaded or published by users of our technology platform. In addition, Ning is not involved in the management or operation of the social networks hosted on our platform. However, our Terms of Service (http://www.ning.com/termsofservice) require that Network Creators and their members have all of the rights necessary in the material they upload or publish to their social networks, including license and copyright. Ning takes the rights of intellectual property owners very seriously and, as a service provider, complies with all applicable provisions of the Digital Millennium Copyright Act (“DMCA”). Our policy is to respond to the valid notices of alleged copyright infringement we receive according to the DMCA by expeditiously removing allegedly infringing material and terminating accounts, when appropriate, according to our Repeat Infringer Policy.

We appreciate your communication of 8/22/13 and are eager to cooperate with you as appropriate. According to the DMCA, however, notices of infringement should substantially comply with the requirements of 17 U.S.C. § 512. Your notification of 8/22/13 does not meet the notification requirements of the DMCA. Specifically, you have not provided us with:

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Therefore, unfortunately, at this time we are not able to take further action in response to your communication.

Please respond at your convenience with a complete DMCA notice by filling out our automated form at http://hc.ning.com/contact/legal/dmca.php. Alternatively, please respond with the missing information described above along with the information of your previous email to submit a complete DMCA notice. Thank you for your cooperation and attention to this matter.

Thanks,
The Ning Team

Justin Glyer

Aug 22 08:31 am (PDT)

Please review attached correspondence and respond as requested.

________________________________

Notice: This email is intended only for the use of the individual or entity named above and may contain information that is confidential and privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this email is strictly prohibited. Opinions, conclusions and other information in this message that do not relate to the official business of our firm shall be understood as neither given nor endorsed by it.

Attachment(s)
12160 - Cease and Desist - 120822.pdf