Gazelle/sections/legal/dmca.php

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<h2>DMCA Information</h2>

<section class="tldr">
  <p>
    See
    <a href="https://www.law.cornell.edu/uscode/text/17/512">17 U.S. Code § 512 - Limitations on liability relating to
      material online</a>.
  </p>

  <p>
    We are compliant to all valid requests.
    A valid request strictly complies with all requirements in this document.
    Do not submit a request unless it adheres to the specifications described below.
  </p>

  <p>
    BioTorrents.de respects the intellectual property rights of others.
    It is therefore our policy to expeditiously process, investigate, and address notices of alleged infringement.
  </p>

  <p>
    <em>If</em> you are a copyright owner or an agent thereof,
    <em>and</em> you reasonably believe that user-supplied content on the domain biotorrents.de infringes your
    copyrights:
    <em>then</em> you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our
    Designated Copyright Agent with the following information in writing.
  </p>

  <p>
    All DMCA notice and takedown requests must be sent by email to dmca at biotorrents dot de with the
    subject line "DMCA notice and takedown request."
    Additionally, all requests must include the information below, in the format described, to be eligible for
    processing in the specified way.
    Requests that don't comply with the requirements below will be considered invalid and silently dismissed.
  </p>

  <ul class="p">

    <li>
      A physical and/or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
      that is allegedly infringed.
      <em>If</em> the only signature supplied is a handwritten depiction,
      <em>then</em> it must be accompanied by a digital signature.
      Acceptable digital signatures are Ed25519 keys of exactly 256 bits, and RSA keys of at least 2048 bits.
      All other algorithms and key sizes are "considered harmful" and therefore unable to produce a valid signature.
    </li>

    <li>
      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 BioTorrents.de to locate the material.
      Two pieces of information are necessary for a request to be considered valid:
      (1) the permalink [PL] torrent page URI, and
      (2) and the <a href="https://www.bittorrent.org/beps/bep_0003.html">BitTorrent <code>info_hash</code></a>.
    </li>

    <li>
      No third-party services shall be included,
      nor any subdomains of biotorrents.de,
      nor any formulations of the URI that violate BioTorrents.de's normal access paradigm,
      such as unencrypted HTTP or the <code>www</code> subdomain.
    </li>

    <li>
      One request per DMCA notice, and one DMCA notice per copyrighted work claimed to have been infringed.
      Duplicate and/or subsequent requests will be ignored regardless of the outcome of the first request,
      including silent dismissal in the case of a malformed request.
      Additionally, BioTorrents.de reserves the right to block or filter malicious senders if more than one malformed
      request is ever sent,
      no matter how much time has passed since the last request.
    </li>

    <li>
      Information reasonably sufficient to permit BioTorrents.de to contact the complaining party,
      such as an address, telephone number, and an electronic mail address at which the complaining party may be
      contacted.
      All three pieces of information are <em>required</em> for the request to be considered valid.
    </li>

    <li>
      The address must be a legitimate street address located in the U.S. that can accept USPS Certified Mail for the
      complaining party.
      The telephone number must not be a VoIP number.
      It must start with, and include every time it appears, the +1 country code.
      The email address must use a private domain
      <em>and</em> the mail server must comply with at least two of the following:
      <a href="https://tools.ietf.org/html/rfc7208">RFC 7208 (SPF)</a>,
      <a href="https://tools.ietf.org/html/rfc8463">RFC 8463 (DKIM)</a>, and
      <a href="https://tools.ietf.org/html/rfc7489">RFC 7489 (DMARC)</a>.
      The request email domain must not be from a free email provider,
      e.g., Gmail, Hotmail, Yahoo, AOL, etc.
    </li>

    <li>
      Three forms of ID to authenticate the information above.
      This supplemental requirement inherits the U.S. Department of State's
      <a href="https://eforms.state.gov/Forms/ds11.PDF">Form DS-11</a>
      requirements to obtain a U.S. passport.
      The IDs, taken together, must contain at least:
      a full legal name, a valid street address, a date of birth, and a recent photograph.
    </li>

    <li>
      A statement that the complaining party has 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.
      This statement must be greater than 100 words for the request to be considered valid.
    </li>

    <li>
      A statement that the information in the notification is accurate, and under penalty of perjury, that the
      complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      This statement must be greater than 100 words for the request to be considered valid.
    </li>

    <li>
      Neither of the two essays above may contain plagiarized passages exemplified as
      "about fifteen or so words that yield no specific results in a quoted web search."
    </li>

    <li>
      All requests must be in plain text encoded in either UTF-8 or ASCII to be considered valid.
      Any request sent with HTML formatting or unnecessary attachments, or sent pursuant to the
      <a href="https://www.fcc.gov/general/can-spam">CAN-SPAM Act of 2003</a>,
      will not be processed.
    </li>

    <li>
      In the case of a valid request processed in favor of the complaining party,
      we only delete the torrent from BioTorrents.de using normal software features.
      Any cache among our users, hardware, and software will not qualify for additional action,
      regardless of how long it takes for the content to be removed in the course of normal usage.
      None of the infringing data would've ever been stored on BioTorrents.de's servers in any case.
    </li>

    <li>
      All processed requests will be published unredacted in full, including all documentation, attachments,
      supplementary material in any media, and any further correspondence.
      BioTorrents.de reserves the right to publish all relevant materials and commentary on any number of platforms at
      our sole discretion for all legal purposes.
      Publication can happen at any point in the process, either before or after the content's deletion.
    </li>

    <li>
      Confidentiality notices, such as those appearing in an email signature, will not be honored.
      Additionally, including such a notice for any reason is grounds for silent dismissal as an "unnecessary
      attachment,"
      regardless of which party or software appends it before delivery.
    </li>

    <li>
      Personal or attorney notices will not be processed.
      Valid requests must come from companies or DMCA agents.
      An EIN, filing number, and U.S. filing state is required for all requests,
      to prove the existence in good standing of the entity making the request.
    </li>

    <li>
      No requests will be processed outside the normal business hours of 9:00&ndash;17:00 EST,
      nor on <a href="https://www.law.cornell.edu/uscode/text/5/6103">5 U.S. Code § 6103</a> federal holidays.
    </li>

  </ul>

  <p>
    Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents infringement
    may be subject to liability.
    Consult your legal counsel or See 17 U.S. Code § 512(c)(3) to confirm these requirements.
  </p>
</section>

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