DMCA

Copyright Policy

Darknet Proxy has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. The contact information for Darknet Proxy's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed below, and is on file with the United States Copyright Office (https://dmca.copyright.gov/osp/).

Please contact Darknet Proxy's Designated Agent at the following address: 

DMCA
Invisible-Internet, LLC
30 N Gould St.
Suite N
Sheridan,  WY  82801

abuse at invisible-internet.com

 

Procedure for Reporting Copyright Infringements

The Digital Millennium Copyright Act (DMCA) has very specific requirements for notifications of alleged infringement. For Darknet Proxy to process a notification, it must comply substantially with all of the criteria. To help you prepare a notification that can be quickly, efficiently, and successfully processed, we provide the following guidance with respect to how we interpret the need to "comply substantially:"

  1. Notifications must be submitted by email to (PDF attachments are acceptable after a ticket has been created) or by mail to the address listed above.
  1. Notifications must be signed by the holder of the infringed copyright or the holder's authorized agent. Signatures must be a physical signature or an electronic signature in a recognized and industry-standard format that we can verify (e.g. PGP). Unsigned notifications or notifications with unverifiable digital signatures will not be processed.
  1. Notifications must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content sufficient for us to locate the specific material. It is not sufficient to simply identify a site by name or base URL unless you are alleging under penalty of perjury that the entire site and every byte of content therein is infringing. We will not go on a fishing expedition through sites we have no firsthand knowledge of looking for something that possibly infringes on copyrighted material we have no firsthand knowledge of.
  1. Notifications must clearly and specifically identify the exact copyrighted material that is being infringed. If you cannot clearly identify the copyrighted work being infringed, it is likely your claim involves another sort of intellectual property right and the DMCA process is not applicable.
  1. Notifications must include reasonably sufficient contact information for the copyright owner and, if applicable, the copyright holder's authorized agent.
  1. Notifications must include a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  1. Notifications must include 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.
  1. The DMCA is a US law. In cases where the authorized agent submitting the notification is outside the United States, notifications must include a statement that the complaining party is voluntarily submitting to the jurisdiction of United States law and courts with respect to the notification and all actions arising therefrom. If you want our country's protections, be prepared to accept the corresponding responsibilities. Making a bogus DMCA claim can be a very expensive mistake.
  1. The "C" in "DMCA" stands for "copyright." If you file a DMCA notification about any type of issue other than copyright infringement, including but not limited to alleged trademark infringement or content censorship demands, it will not receive a response.

If your notification does not meet all the legal requirements, processing may be delayed until the requirements are met, or it may not be possible to process it at all. If possible and reasonable, we will notify you if there are problems that prevent us from processing your notification. 

Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent...

It is Darknet Proxy's policy: 

  1. to remove or disable access to the content identified in the notice of claimed infringement;
  1. to notify the content provider, member or user that it has removed or disabled access to the content; and
  1. to terminate in appropriate circumstances subscribers and account holders who are repeat infringers*. 

* Note: A notice of claimed copyright infringement is not proof of "repeat infringement", nor is it proof of any copyright infringement; a notice claiming infringement is not the same as a determination of infringement. As we are not legal scholars, a determination of infringement shall only be made if no counter-notice is received within 14 days or by order of a U.S. court.

 

Procedure to Supply a Counter-Notice to the Designated Agent

If the content provider, member or user believes that the content that was removed or to which access was disabled is not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user may send a counter-notice containing the following information to the Designated Agent previously listed above: 

  1. A physical or electronic signature of the content provider, member or user; 
  1. Identification of the content 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; 
  1. A statement under penalty of perjury that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
  1. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider's, member's or user's address is located, or if the Content provider's, member's or user's address is located outside the United States, for Los Angeles County, California, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement or an agent of such person. 

Here is an example counter-notice:

To Whom It May Concern:

This letter is a formal response to a claim of copyright infringement against one or more of the links and/or comments that I’ve posted on DarknetProxy.com. I believe the claims of copyright infringement are inaccurate and should be rejected because:

My use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they must work directly with me, through legally viable channels, to resolve the dispute. Darknet Proxy and its employees are under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant.

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

I ask that Darknet Proxy, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

My name, address, and telephone number are:

[FULL NAME]
[MAILING ADDRESS]
[TELEPHONE NUMBER]

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, the jurisdiction of the Federal District Court for the Los Angeles, California judicial district).

I agree to accept service of process from the complainant.

Best regards,

[ELECTRONIC OR ACTUAL SIGNATURE]

If a counter-notice is received by the Designated Agent, Darknet Proxy may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Darknet Proxy's sole discretion. 

 

In Conlusion

Questions about the Digital Millennium Copyright Act and/or its provisions as they may or may not apply to you or your rights therein should be directed to a legal professional. This document is provided as a courtesy by Darknet Proxy to help persons with legitimate copyright concerns with our members get their concerns addressed in the most efficient possible way. It is not a substitute for competent professional legal counsel.

Darknet Proxy provides complete copies of all notifications received to the parties referenced in the notification, and reserves the right to make copies available to third parties for academic study and legal review as we see fit. Under no circumstances will Darknet Proxy treat any use, or abuse, of the DMCA notification process as confidential, even if the notification specifically requests otherwise.