Date: Fri, 31 Oct 2003 16:42:13 -0500 (EST)
From: C. Scott Ananian <cscott cscott.net>
To: Electronic Civil Disobedience List
Subject: [Diebold-CD] DMCA counter-notice provisions.

Let me remind folks at educational institutions that the DMCA
counter-notice should be directed to the "copyright agent" for *your
educational institution* (i.e. not diebold or walker & jocke).
You've probably heard from your agent already, but if not, the official
agent for your school is listed at:
   http://www.loc.gov/copyright/onlinesp/list/index.html
The chillingeffects site has a stock letter-generator you can use for this
notice, and remember you don't have to be fancy with this: since you are
making a declaration under penalty of perjury you are wise to limit your
letter to the necessary declarations.  Stock letter-generator here:
   http://www.chillingeffects.org/dmca/counter512.pdf
(note that this is a cgi script, not really a pdf file, despite the url).
Be very careful to read
   http://www.chillingeffects.org/question.cgi?QuestionID=132
as you don't want to omit required information from your notice.  You are
required to provide a phone number, for instance.  (!)

Finally, for some light humor, you may wish to read Groucho Marx's
response to *his* C&D (from Warner Brothers):
   http://www.chillingeffects.org/resource.cgi?ResourceID=31

[...some discussion of my draft counter-notice...]
I eliminated some of the threatening "you must replace the files" language
in the stock counter-notice.  Those of you who are not on such good terms
with your ISP (read, university IT dept) may well want to be more
threatening.  Note that there are specific provisions for an educational
institution which is also serving as an ISP:
   http://www.chillingeffects.org/dmca512/faq.cgi#QID135
which you might want to acquaint yourself with to answer any allegations
of university liability.
 --scott

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