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11/30/2011

I got a mail regarding the violation of DMCA

Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to \"draft\" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means that your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.

A bit of background: The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe that you have the rights to post the content at issue here, you can file a counter-claim. For more information on our DMCA policy, including how to file a counter-claim, please see http://www.google.com/dmca.html.

The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org
. We do this in accordance with the Digital Millennium Copyright Act (DMCA). You can search for the DMCA notice associated with the removal of your content by going to the Chilling Effects search page at http://www.chillingeffects.org/search.cgi and entering in the URL of the blog post that was removed.

If it is brought to our attention that you have republished the post without removing the content/link in question, then we will delete your post and count it as a violation on your account. Repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account including deleting your blog and/or terminating your account. If you have legal questions about this notification, you should retain your own legal counsel.

Indeed, yesterday I got this dirty mail by Blogger who removed two items from the blog. First of them was Pandr Eyez`s video Eyez On You. Why did I post this video? Because Pandr Eyez`s own label Cascine Records sent it to me saying that you can post the first single Eyez On You on the blog because it is released for free. So I made it just for the label`s and band`s sake. Ok, I am not going to post it again.

The other case is much more irrational - it reminds me of Atlas Sound vs Sony case in the end of 2010 when Sony requested to remove 4 self-made albums by Bradford Cox posted on his blog. Fortunately Cox won this case and the posts were arrived at the previous place. My case is related to Phantom Vibration`s second issue Growing EP which can be downloaded from Bandcamp and Lastfm for free. My question is how did I violate the author`s rights? Especially if to point out that Gunnar Kauth, one member of Phantom Vibration praised me for the review. I contacted today with Gunnar Kauth again, who was firstly surprised and later got truly angry about such case. He confirmed that the EP is thought for free download indeed. Here is my answer to the person-these people (indeed, I have no hint about who you actually are!) who arbitrarily accused me of violating the DMCA. So firstly, please contact with the author instead of playing the dictatorship. I have no objection to repost it again and my right is to do it.