| HIRAM_NJ | 10-03-2008 03:06 PM |
DMCA Infringement notice can be issued by a VeRO member for any DMCA allegation for their specific copyright. I am a VeRO member myself for a common compilation copyright that I hold, but if I say list a OEM Windows XP CD, Microsoft VeRO will surely come after me. What is not explained and you have to know the law, is that once you get a VeRO auction pulled you can file a counter notice that essentially says sue me, I am not it violation and then list again and they can do nothing after the waiting period is done. For everyone’s use, here is the DMCA Counter-Notice. I am not a lawyer, but I am a Wharton School Alumni and a VeRO member and been through this before, but as never suspended until this month for SNP after nearly 10 years of FEEbay…..
Dear eBay Seller,
eBay recognizes that sometimes an auction may be mistakenly identified by a Verified
Intellectual Property Owner, its agent, or law enforcement, as including an infringing or otherwise unauthorized or illegal item. In the event that such a mistake occurs, you should contact the complaining party directly. eBay will gladly allow you to re-list the item upon receipt of acknowledgement of the mistake from the complaining party.
Alternately, if the complaining party does not agree that the allegation was in error, you may also provide eBay the attached Counter-Notice Regarding Ended Auction. The Counter Notice form requests a sworn statement under the penalty of perjury and other information which substantially complies with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. section 512, which states:
To be effective under this subsection, a counter notification must be a written communication provided to the service provider’s designated agent that includes substantially the following:
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has 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.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent from such person.
Please fill out the Counter-Notice form for each occurrence of an alleged act of mistakenly reported or misidentified infringement and return it to the address provided below. We require that you physically sign the form. Notification from a seller that fails to comply with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances sufficient to require eBay to allow re-listing of the removed items. Upon receiving the original of your fully completed Counter-Notice, eBay will notify the reporting entity of the Counter Notice and inform that entity that eBay will allow the re-listing of the removed items within 10-14 days, unless, following receipt of the Counter Notice, eBay receives notice from the reporting entity that it has filed an action seeking a court order to prohibit you from re-listing such infringing items. If the reporting entity disagrees with your Counter-Notice, they may file a legal action against you to prevent the re-listing of the ended auction item(s). Alternatively, if they notify us in writing or by e-mail that they no longer object to the auction item or material, we will allow it to be re-listed.
Very truly yours,
eBay Inc.
COUNTER-NOTICE REGARDING
ENDED AUCTION*
I. Penalty of Perjury Statement. I CERTIFY UNDER SWORN PENALTY OF
PERJURY that I am sending this notification on the basis of my good faith belief that the
auctions referred to below do not involve infringing materials or uses and have been
identified by a Verified Intellectual Property Owner, its agent, or law enforcement as
infringing by mistake or due to misidentification: (List Auction Items Below)
__________________________________________________ ___________________
__________________________________________________ ___________________
II. Consent to Federal Jurisdiction. I consent to the jurisdiction of the Federal District
Court for the address provided below, or if such address is outside the United States, I consent to jurisdiction of the Federal District Court, County of Santa Clara, California.
III. Consent for Service of Process. I agree to accept service of process from the Verified Intellectual Property Owner, its agent, or law enforcement.
IV. Contact Information. I certify that the following contact information is accurate and valid. I acknowledge that eBay will compare the contact information provided herein with my eBay contact information, and false or fraudulent information may result in suspension of my eBay account.
V. I understand that my knowing misrepresentation herein that material was removed by mistake or misidentification may make me liable under federal law for damages, including costs and attorneys’ fees. See 17 U.S.C. section 512.
VI. I understand that if the reporting party disagrees with the Counter-Notice it may file a legal action against me to prevent the re-listing of the ended auctions.
VII. Acknowledgement. I acknowledge that this notice is filed under penalty of perjury.
I may be contacted at:
Name____________________________________
Street Address____________________________________
___________________________________________
City and State____________________________________
Zip____________________________________
E-mail____________________________________
Telephone____________________________________
Fax____________________________________
Date____________________________________
Signature____________________________________
UNDER SWORN PENALTY OF PERJURY
Send to: eBay Inc., Attn: Legal Counter-Notice, 2145 Hamilton Ave., San Jose, CA 95125.
Attach to this notice any relevant correspondence, including emails, with eBay or the intellectual property owner.
* This Counter-Notice complies substantially with the requirements of the Digital Millennium Copyright Act, 17 U.S.C. section 512. | 
