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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR
NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR
TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT
RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Microsoft Corporation; The Microsoft
Network, LLC; MSNBC Interactive News, LLC
Name of Agent Designated to Receive
Notification of Claimed Infringement:
M. Skelton
Full Address of Designated Agent to
Which Notification Should be Sent:
One Microsoft Way, Redmond, WA 98052
Telephone Number of Designated Agent: (425) 703-5529
Facsimile Number of Designated Agent: (425) 936-7329
Email Address of Designated Agent: dmcaagnt@microsoft.com
To be effective, the Notification must include the following:
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A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
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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;
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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;
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Information reasonably sufficient to permit the service provider to contact the
Complaining Party, such as an address, telephone number, and if available, an
electronic mail address at which the complaining party may be contacted;
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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; and
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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.
Upon receipt of the written Notification containing the information as outlined
in 1 through 6 above:
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Service Provider shall remove or disable access to the material that is alleged
to be infringing;
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Service Provider shall forward the written notification to such alleged
infringer ("Subscriber");
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Service Provider shall take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes substantially
the following:
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A physical or electronic signature of the Subscriber;
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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;
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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;
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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 of 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 or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined
in 1 through 4 above:
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Service Provider shall promptly provide the Complaining Party with a copy of
the Counter Notification;
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Service Provider shall inform the Complaining Party that it will replace the
removed material or cease disabling access to it within ten (10) business days;
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Service Provider shall replace the removed material or cease disabling access
to the material within ten (10) to fourteen (14) business days following
receipt of the Counter Notification, provided Service Provider's Designated
Agent has not received notice from the Complaining Party that an action has
been filed seeking a court order to restrain Subscriber from engaging in
infringing activity relating to the material on Service Provider's network or
system.
© 2009 Microsoft Corporation. All rights reserved. Terms of Use.
Last Updated: June 5th, 2009
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