Proposed Changes to Legal Notices Page for DMCA and Trademark Notices
Julie Martin
proposing some changes to the DMCA Notices section of its Legal
Notices webpage, which you can find at http://www.mozilla.com/en-US/about/legal.html.
These changes include updating contact information, making a few
corrections, and adding additional language describing the process.
One new item and change from prior practice is in the last paragraph
where we let folks know that we may post DMCA notices to internet
sites such as chillingeffects.org and may provide them to the accused
party. Although we are not required to disclose this, we feel it is
right to let folks know this in advance. Substantively, Mozilla is
contemplating posting notices to chillingeffects.org because
chillingeffects.org's approach of creating more openness and
transparency around the impact of laws such as the DMCA is consistent
with our values at Mozilla. The public having more information about
the ways in which copyright and trademark laws are affecting
developers--both good and bad--seems to be a good thing and we'd like
to leave open the possibility of contributing to this effort.
We are also adding a new section entitled, "Trademark Notices" to make
explicit that we follow a similar process to our DMCA process for
claims of trademark infringement.
Please let us know if you have any comments or questions about these
proposed changes.
Here is the proposed text:
Digital Millennium Copyright Act Notice
If you are a copyright owner or an agent of a copyright owner and
believe that content available by means of one of Mozilla’s websites
infringes one or more of your copyrights, please immediately notify
Mozilla's Copyright Agent by means of emailed, mailed, or faxed notice
("DMCA Notice") and include the information described below. You can
review 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act
for authoritative detail, or consult your own attorney if you need
assistance. If Mozilla takes action in response to a DMCA Notice, it
will make a good faith attempt to contact the party that made such
content available by means of the most recent email address, if any,
provided by such party to Mozilla. You may be held liable for damages
based on certain material misrepresentations contained in a DMCA
Notice. Thus, if you are not sure content located on or linked to by
the website infringes your copyright, you should consider first
contacting an attorney.
All DMCA Notices should include the following:
* A signature, electronic or physical, of the owner, or a person
authorized to act on behalf of the owner, of an exclusive copyright
right that is being infringed;
* An identification of the copyrighted work or works that you
claim have been infringed;
* A description of the nature and location of the material that
you claim to infringe your copyright, in sufficient detail to permit
Mozilla to find and positively identify that content, including the
URL where it is located;
* Your name, address, telephone number, and email address where we
can contact you; and
* A statement by you: (i) that you believe in good faith that the
use of the material that you claim infringes your copyright is not
authorized by law, or by the copyright owner or such owner's agent;
and, (ii) that all of the information contained in your DMCA Notice is
accurate, and under penalty of perjury, that you are either the owner
of, or a person authorized to act on behalf an owner of, the exclusive
copyright right that is being infringed.
Mozilla's designated Copyright Agent to receive notifications of
claimed infringement is as follows:
Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041
Email: dmcanotice at mozilla dot com
Phone Number: 650-903-0800
Fax: 650-903-0875
If you fail to comply with all of the requirements of a DMCA notice,
Mozilla may not act upon your notice.
Mozilla will terminate a user's account if, under appropriate
circumstances, they are determined to be a repeat infringer.
Only DMCA Notices should go to the copyright agent. Any other
feedback, comments, requests for technical support, and other
communications should be directed to pers...@mozilla.com (if related
to Personas) or http://support.mozilla.com (for support).
Please be advised that any DMCA Notices sent to Mozilla may be sent to
the accused and posted on the internet (including at http://www.chillingeffects.org/).
Trademark Notices
If you are a trademark owner or an agent of a trademark owner and
believe that content available by means of one of Mozilla’s websites
infringes one or more of your trademarks, please immediately notify
Mozilla's Copyright Agent by means of emailed, mailed, or faxed notice
("Trademark Notice") and include the information described above for
DMCA notices. Mozilla handles notices it receives of trademark
violations via a process very similar to the DMCA Notice process that
is described above for copyrights. In addition to the DMCA Notice
requirements, Mozilla requires that the entire Trademark Notice be
made by the trademark owner (or her agent) under penalty of perjury.
Gervase Markham
> Substantively, Mozilla is
> contemplating posting notices to chillingeffects.org because
> chillingeffects.org's approach of creating more openness and
> transparency around the impact of laws such as the DMCA is consistent
> with our values at Mozilla.
Quite right, too :-) Kudos for making this move.
> We are also adding a new section entitled, "Trademark Notices" to make
> explicit that we follow a similar process to our DMCA process for
> claims of trademark infringement.
Are Trademark Notices also supposed to be sent to the email address
"dmcanotice at mozilla dot com"? That's what the text implies...
Other than that, this all seems entirely reasonable (given the legal
environment in which we must operate).
Gerv
Julie Martin
Gerv,
Yes, trademark notices may be sent to the dmcanotice at mozilla dot
com address. It's probably a good idea to make that more explicit.
Thanks for noting it and providing feedback on the new language.
Julie
Julie Martin
Want to make two clarifications to the policy. One is to add a
sentence that this contact info applies to claims worldwide, not just
under U.S. law. Also wanted to make a little clearer the sentence
around sharing take-down requests we receive. Here is the language
with these two sentences revised. Unless these two changes generate
significant discussion, we plan to update the legal notices page next
week or soon thereafter.
The contact information provided above also applies to notices that
are based on non-U.S. copyrights or trademarks.
Only DMCA Notices, Trademark Notices (which are defined below), and
international copyright or trademark notices should go to the
copyright agent. Any other feedback, comments, requests for technical
support, and other communications should be directed to personas at
mozilla dot com (if related to Personas) or http://support.mozilla.com
(for support).
Please be advised that any DMCA Notices sent to Mozilla may be sent to
third parties (including the accused) and posted on the Internet