- [The following is a copy of my counter-claim against the DMCA takedown of a ZIP archive containing Super Mario Fusion: Revival, a Mario fan game. Nintendo is usually friendly towards unauthorized use of its intellectual property (such as the use in fan games), so I was shocked that they would send something like this until I realized that it was poorly made and possibly made by a copyright troll instead of Nintendo. If your fan game or other Nintendo-related thing is taken down by this "Jason Allen" character, you can use my counter-claim as a template so you don't spend an hour or more trying to write one yourself.]
- I am filing a counter-claim against "Jason Allen"'s claim for the following reasons:
- 1) Under the Digital Millenium Copyright Act Section 512 (c) (3) (A) (i), the claimant must have "A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The real Jason Allen worked as a "Wii Specialist" from 2007 to 2008 (source: http://www.linkedin.com/in/jallend1 ). He no longer works for Nintendo of America, and I doubt he even was authorized to file DMCA claims while he was working for Nintendo. I could not find any evidence that a Jason Allen is working for Nintendo, nor any evidence that he has authorization to file DMCA claims.
- I demand that the sender of this claim provide irrefutable proof that he really is who he claims he is. The e-mail provided in his claim is bogus. "nintento.com" redirects to one of those dumb web pages with nothing but text ads. If the claim was genuine, the e-mail address provided would have the domain "noa.NINTENDO.com".
- 2) The claim has no "Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site" (Section 512 (c) (3) (A) (ii)).
- Really, all it says is "Copyright Infringement property of Nintendo."
- 3) There is no adequate "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 the service provider to locate the material" (Section 512 (c) (3) (A) (iii)).
- 4) The claim does not have "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" (Secton 512 (c) (3) (A) (v)).
- 5) The claim does not have "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" (Section 512 (c) (3) (A) (vi)).
- Other information that may be helpful: Nintendo is usally very friendly towards unauthorized use of its intellectual property, such as its use in fan games (like this one). It is very unlikely that they would file a DMCA claim against one, and even if they did, it would be a whole lot more professional than "COPYRIGHT INFRINGEMENT PROPERTY OF NINTENDO LOL!!11!".
- Please do some rudimentary checking for bogus DMCA claims like this one before you act on them.
- [The following is a copy of the claim sent to my e-mail address.]
- Dear MediaFire User:
- MediaFire has received notification under the provisions of the Digital Millennium Copyright Act ("DMCA") that your usage of a file is allegedly infringing on the file creator's copyright protection.
- The file named SMFR 0.4 Beta.zip is identified by the key (4d7epfchc2fpoge).
- As a result of this notice, pursuant to Section 512(c)(1)(C) of the DMCA, we have suspended access to the file.
- The reason for suspension was:
- Copyright Infringement property of Nintendo.
- Information about the party that filed the report:
- Company Name: Nintendo of America Inc.
- Contact Address: 4600 150th Avenue N.E., Redmond, WA 98052
- Contact Name: Jason Allen
- Contact Phone:
- Contact Email: email@example.com
- Copyright infringement violates MediaFire's Terms of Service. MediaFire accounts that experience multiple incidents of alleged copyright infringement without viable counterclaims may be terminated.
- If you feel this suspension was in error, please submit a counterclaim by following the process below.
- Step 1. Click on the following link to open the counterclaim webpage.
- http://www.mediafire.com/myaccount/suspension_claim.php? u=[REDACTED]
- Step 2. Use this PIN on the counterclaim webpage to begin the process:
- Step 3. Fill in the fields on the counterclaim form with as much detail as possible.
- This is a post-only mailing. Replies to this message are not monitored or answered.
Jason Allen Nintendo bogus DMCA claim
CapnCoconuts Jun 2nd, 2013 2,651 Never
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