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Terms & Conditions | Brain Metrix us digital millennium copyright act definition

Terms & Conditions Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing the subject of infringing activity.

Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.


To file a notice of infringement with us, you must provide a written communication (by fax or regular mail – not by email, unless by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Your communication must include substantially all of the following:

1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2) Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material

4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and bqiesklz. moncler monaco sneaker, if available, an electronic mail address at which the complaining party may be contacted.

5) The following statement: “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.”

6) Send the written communication to: Jon Wisler PMB 189 256 Eagleview Blvd Exton PA 19341 jdwisler {at} verizon {dot} net

Disclaimer of Damages

Use of this website or material is, at all times, “at your own risk.” If you are dissatisfied with any aspect of the website, any of these terms and conditions or any other policies, your only remedy is to discontinue the use of the website. In no event shall I, the website, or its suppliers, be liable to any user or third party, for any damages whatsoever resulting from the use or inability to use this website or the material upon this site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the website is advised of the possibility of such damages.


All statements within this site are purely my opinion and I intend no malice against any person, religion, country, etc. Any resemblance to persons, places or events either past or present is purely coincidental.

I am not to be liable for direct, indirect or consequential damages or for any loss of revenue, profits or data arising in connection with using this site or material, including, but not limited to, medical, physical and psychological effects. The information contained within this website is provided ‘as-is', without warranties as to its accuracy whether expressed or implied and is intended for entertainment purposes only. The wording of any puzzle, or other content, is not an endorsement of said wording.

The articles and their games are not guaranteed to be free of factual or calculation errors and hence may not be correct. You are advised to independently verify the claims in the articles against other claims made by other parties and make your own conclusion.

I make no warranty about the accuracy or reliability of the material, services, text, graphics, games, and articles. I do not warrant that the website will operate error-free or that this website or its server is free of computer viruses or other harmful items. You are advised to ensure that your computer has all of the latest patches, virus scanners, spyware detectors and any other software that helps to protect it. If your use of this website or the material on this site results in the need for servicing or replacing equipment or data, I am not responsible for those costs.

Linking To

If you would like to link your website to, please freely bookmark or add links to any page contained within this website provided that this site does not appear inside any frames. You may not embed within another web page, using any method, including an iFrame.

Banner Adverts

The site will carry, at my discretion, banner adverts. Clicking on these banners will load a third-party site, which I have no control over, the purpose of which is to present you with an advertisement for a product/service. You are advised to view the information available, before making a commitment of any kind or contacting the advertiser. I am not responsible for any content or activity as these are third-party sites. You are given the option of removing an advert as required.


By using this site or material you agree to defend, indemnify, and hold harmless the website, and its agents, from any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of this agreement.

If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement that you agree to be bound by.

These terms and conditions shall be governed by the laws of the United States of America and the courts of the United States of America shall have exclusive jurisdiction in all matters arising.


This site does not secretly collect any personally identifiable information. We don't monitor scores obtained on games, we don't keep records of any sort, unless via e-mails send by the user. This information will never be shared or sold. If you submitted some information to us to be posted on the website and later decided to remove it you can simply contact us and we will do so.

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moncler baby fleece onesie Monday, February 27th, 2012 Print What Copyright Management Information Does the DMCA Protect? by Andrew Berger


The genesis of this post is a recent copyright infringement case we handled that dealt with a relatively unexplored corner of the Digital Millennium Copyright Act (“DMCA), defendant’s removal of copyright management information (CMI) and the statutory damages that arise from that DMCA violation.

Three DMCA Issues that Divide the Courts

In researching the DMCA claims, we noted that three issues have divided the courts:

(a) is CMI as defined in §1202 of the DMCA restricted to digitally encoded information contained in an automated copyright protection or rights management system or does CMI extend to any identifying information about a copyrighted work, digital or not;

(b) does the DMCA only protect CMI if it’s on the face of a copyrighted work or does protection include CMI that is elsewhere on the page where the work appears; and

(c) what constitutes a violation of the DMCA for purposes of computing statutory damages.

This post will focus on the first issue with a later post dealing with the balance.

But first some brief background. Section §1202(c) of the DMCA broadly defines CMI as “information conveyed in connection with copies . . . of a work,” including its title, author or copyright owner and the terms and conditions governing the use of the work and numbers, symbols, or links referring to terms of use. Section 120(a) and (b) prohibit the knowing distribution of false CMI that enables copyright infringement, as well as the intentional removal or alteration of CMI with knowledge that this will facilitate copyright infringement. Finally,  §1203(c)(3) of the DMCA authorizes an award of statutory damages of up to $25,000 for each violation of §1202 .

Is Non-Digital As Well As Digital-Encoded CMI Protected by the DMCA?

Let’s now deal with the scope of protectable CMI.

The CMI provisions Congress enacted appear on their face to apply to identifying information about a work whether the information is conveyed in digital or non-digital form. But in IQ Group. v. Wiesner , the District of New Jersey held that information, such as the name of the author of a work, is not CMI unless it is in digital form and functions as part of an automated copyright protection or management system. In other words, in IQ’s view, if a defendant were to remove a printed authorship credit from a photograph before posting that photo on a website, that conduct would not violate § 1202 even though the credit would appear to be protected under that section.

IQ Group neither defined an acceptable form of digital CMI nor articulated the types of automated copyright protection or management systems in which the digital CMI would function. IQ Group only said that § 1202 “should not be construed to cover copyright management information performed by people” but instead should be “construed to protect copyright management performed by the technological measures of automated systems.” Thereafter, Textile Secrets v. Ya-Ya Brand suggested that a “bar code or other marker that could be electronically scanned” might qualify as CMI.

But a number of district courts, including Agence France v. Morel , found IQ Group ’s narrow interpretation of CMI “directly at odds with the broad definition set forth in the statutory text itself.” Agence followed Assoc. Press v. All Headline News , which reasoned that, when a statute’s language is clear, courts in the 2d Circuit “do not resort to legislative history to cloud a statutory text” but instead enforce a statute “according to its terms.” Accordingly, Agence held the authorship credits a photographer had placed adjacent to his photographs were protectable CMI whether in digital form or not.

The Third Circuit Protects Any CMI

The debate whether CMI is limited to digital information has now been settled at least in the Third Circuit by Murphy v. Millennium Radio . It read §1202(c) to extend to any CMI if placed manually or embedded digitally on a copyrighted work. The court stated the “statute imposes no explicit requirement that such information be part of an ‘automated copyright protection or management system’ … In fact, it [the statute] appears to be extremely broad, with no restrictions on the context in which such information must be used in order to qualify as CMI.

The court added that defendants “are essentially asking us to rewrite  §1202 to insert a term — that is, ‘automated copyright protection or management system’ — which appears nowhere in the text of the DMCA and which lacks a clear definition.” Thus under Murphy , any CMI conveyed in connection with a copyrighted work, regardless of its form, may trigger a DMCA claim if that CMI is falsified or removed.

This decision makes sense and I suspect will be followed in other circuits. The face of § 1202 never narrowed CMI to digital information. As Murphy recognized, where the text of a statute is unambiguous, courts enforce the statute as written.

The Future of CMI Litigation

Will Murphy open the floodgates to CMI litigation? I think the answer is no. That’s because plaintiff must meet a high standard of proof to successfully prosecute a CMI claim. Plaintiff will have to show that defendant was contemplating copyright infringement when it removed or distributed the information without the required CMI. In the words of the statute, plaintiffs must demonstrate that, when defendant knowingly distributed false CMI that enables copyright infringement or intentionally removed or altered CMI, defendant did so with knowledge that its conduct will induce, enable, facilitate, or conceal infringement.

I am not aware of any case since Murphy where plaintiff has satisfied this burden at trial though I suspect we will see one soon.

In any case, the DMCA gives plaintiffs a second string to their bow. In addition to a copyright infringement claim, they may also have a claim for CMI removal or falsification for which they will be entitled to additional statutory damages. In a later post I will discuss the extent of the damages that may be awarded; but keep in mind they may be substantial.

You are welcome to share below your CMI litigation experiences under the DMCA.

For my earlier posts on Agence France v. Morel click here and here . For another post on Murphy and its implications see Terry Hart’s fine post here .



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What does DMCA mean?

Digital Millennium Copyright Act (DMCA) is a United States copyright law. DMCA strengthened the legal protection of intellectual property rights.

SHARE Sort By: Popularity Alphabetically Filter by: Country/Region: Select Country/Region United States Category: Select Category Academic & Science We have found 1 more result(s) for DMCA DMCA Digital Media Center for the Arts Academic & Science >> Universities & Institutions Suggest new DMCA Full Form Similar Terms NOV : Non Obstante Veredicto (Notwithstanding the Verdict) ACDA : Assured Clear Distance Ahead POA : Power Of Attorney Nearby Terms DMG DMI DMK DML DMLT Dmoz DMRC DMS DMSRD DMTF DMX DMZ DNA DND DNS DNSSEC DO DOA DOB doc DoCoMo DOEACC DOF DOHC Dojo DOP This page lists the full form or full forms of the acronym/abbreviation/shorthand/term DMCA