DMCA Takedown Policy

The DMCA provides a safe harbor for service providers that host user-generated content by creating a copyright liability safe harbor for hosting service providers allegedly infringing user-generated content. Essentially, so long as a service provider such as QuantCDN follows the DMCA's notice-and-takedown rules, it won't be liable for copyright infringement based on user-generated content. Because of this, it is important for QuantCDN to maintain its DMCA safe-harbor status.

The DMCA provides two simple, straightforward procedures that QuantCDN Customers should know about: (i) a takedown-notice procedure for copyright holders to request that content be removed; and (ii) a counter-notice procedure for QuantCDN Customers to get content re-enabled when content is taken down by mistake or misidentification.

The DMCA notice and takedown process should be used only for complaints about copyright infringement. Notices sent through our DMCA process must identify copyrighted work or works that are allegedly being infringed. The process cannot be used for other complaints, such as complaints about alleged trademark infringement or sensitive data.

Submitting a DMCA Takedown Notice

This guide describes the information that QuantCDN needs in order to process a DMCA takedown request. Our form of notice outlined below is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: https://www.copyright.gov.

BEFORE YOU START

  1. Tell the Truth - The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. Submitting false information could result in civil liability — that is, you could get sued for money damages.
  2. Investigate - Millions of users and organizations pour their hearts and souls into the projects they create and contribute to on QuantCDN. Filing a DMCA complaint against such a project is a serious legal allegation that carries real consequences for real people. 
  3. Ask Nicely First - A great first step before sending us a takedown notice is to try contacting the user directly. They may have listed contact information on their website, or you can do a WHOIS search with the offending site’s URL. Not strictly required but is the right thing to do.
  4. Send In The Correct Request - We can only accept DMCA takedown notices for works that are protected by copyright, and that identify a specific copyrightable work. 
  5. No Bots - You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit complaints in bulk.
  6. You May Receive a Counter Notice - Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable their content within 10-14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on QuantCDN.
  7. Your Complaint Will Be Published - After redacting personal information, we publish all complete and actionable takedown notices at https://github.com/quantcdn/dmca.

FOR QUANTCDN TO TAKE ACTION YOUR COMPLAINT MUST...

  1. Include the following statement: "I have read and understand QuantCDN’s ‘Submitting a DMCA Takedown Notice’." We won't refuse to process an otherwise complete complaint if you don't include this statement. But we'll know that you haven't read these guidelines and may ask you to go back and do so.
  2. Identify the copyrighted work you believe has been infringed. This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact.
  3. Identify the material that you allege is infringing the copyrighted work listed in item #2, above. It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit QUantCDN to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. 
  4. Explain what the affected user would need to do in order to remedy the infringement. Again, specificity is important. When we pass your complaint along to the other party, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the other party just need to add a statement of attribution? Of course, we understand that in some cases, all of the content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well.
  5. Provide your contact information. Include your email address, name, telephone number and physical address.
  6. Provide contact information, if you know it, for the alleged infringer. Usually this will be satisfied by providing the URL associated with the allegedly infringing content. But there may be cases where you have additional knowledge about the alleged infringer. If so, please share that information with us.
  7. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law."
  8. Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
  9. Include your physical or electronic signature.

HOW TO SUBMIT YOUR COMPLAINT

The fastest way to get a response is to send an email notification to info@quantcdn.io. 

If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via email have a much faster turnaround than physical mail. If you still wish to mail us your notice, our physical address is:

QuantCDN Pty Ltd
Attention: Public Officer
3 Bravo Loop
Pakenham  VIC  3810
Australia

Submitting a DMCA Counter Notice

This guide describes the information that QuantCDN needs in order to process a counter notice to a DMCA takedown request. 

If you believe your content on QuantCDN was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, outlined below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office's official website: https://www.copyright.gov.

BEFORE YOU START

  1. Tell the Truth - The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. Submitting false information could result in civil liability — that is, you could get sued for money damages.
  2. Investigate - Submitting a DMCA counter notice can have real legal consequences. If the complaining party disagrees that their takedown notice was mistaken, they might decide to file a lawsuit against you to keep the content disabled. You should conduct a thorough investigation into the allegations made in the takedown notice and probably talk to a lawyer before submitting a counter notice.
  3. You Must Have a Good Reason to Submit a Counter Notice - In order to file a counter notice, you must have "a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."  You do need to identify a mistake before you submit a counter notice. 
  4. Copyright Laws Are Complicated - Sometimes a takedown notice might allege infringement in a way that seems odd or indirect. Copyright laws are complicated and can lead to some unexpected results. 
  5. Your Counter Notice Will Be Published - As noted in our DMCA Takedown Policy, after redacting personal information, we publish all complete and actionable counter notices at https://github.com/quantcdn/dmca. 
  6. Additional Resources - If you need additional help, there are many self-help resources online. And if you think you have a particularly challenging case, non-profit organizations such as the Electronic Frontier Foundation may also be willing to help directly or refer you to a lawyer.

FOR QUANTCDN TO TAKE ACTION YOUR COUNTER NOTICE MUST...

  1. Include the following statement: I have read and understand QuantCDN’s ‘Submitting a DMCA Counter Notice’. We won't refuse to process an otherwise complete counter notice if you don't include this statement; however, we will know that you haven't read these guidelines and may ask you to go back and do so.
  2. Identify the content that was disabled and the location where it appeared - The disabled content should have been identified by URL in the takedown notice. You simply need to copy the URL(s) that you want to challenge.
  3. Provide your contact information - Include your email address, name, telephone number, and physical address.
  4. Include the following statement: "I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." You may also choose to communicate the reasons why you believe there was a mistake or misidentification. If you think of your counter notice as a "note" to the complaining party, this is a chance to explain why they should not take the next step and file a lawsuit in response. This is yet another reason to work with a lawyer when submitting a counter notice.
  5. Include the following statement: "I consent to the jurisdiction of the federal court or equivalent in which my address is located, and I will accept service of process from the person who provided the DMCA notification or an agent of such person."
  6. Include your physical or electronic signature.

HOW TO SUBMIT YOUR COMPLAINT

The fastest way to get a response is to send an email notification to info@quantcdn.io. 

If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via email have a much faster turnaround than physical mail. If you still wish to mail us your notice, our physical address is:

QuantCDN Pty Ltd
Attention: Public Officer
3 Bravo Loop
Pakenham  VIC  3810
Australia

 

QuantCDN’s DMCA policies have been influenced by those at GitHub.