DMCA

Digital Millennium Copyright Act

If you represent a copyright holder and email our addresses without fully reading and understanding this policy, you accept that any further email from you may be refused by our servers. If you are not a representative of a lawfirm and some of the terms contained within this policy are confusing to you, please see this example. If our policy is still unclear to you, please contact a lawfirm that understands DMCA procedures and/or one of many organizations dedicated to handling your rights online. We would suggest either Web Sheriff or GrayZone as they both have a positive reputation with us and are capable of sending emails according to the format specified below. Thanks for your cooperation.

It is our policy to respond to clear notices of alleged copyright

infringement. This page describes the information that should be present in these notices.

Note we have moved servers out of US and is no longer subject to US DMCA laws. But we are keeping this copyright policy and procedure modeled after the DMCA, as it worked for us and for copyright owners in the past, and we find this procedure and takedown process to be mostly fair.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include, removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. See Online Policy Group v. Diebold, Inc. for more information. If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following

information in writing (see 17 U.S.C 512(c)(3) which is incorporated by reference):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) 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;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have 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

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Fiction Books Bay’s designated DMCA Copyright Agent to receive notifications of claimed infringement is:

Brett Yan
Email: fictionbooksbay@gmail.com
Telephone: 86(21) 55196577
WARNING: These contacts are for copyright takedown requests by their rightful owner and representatives ONLY. Not for legal advice, technical support or requests for interviews. Abuse of these contacts for any other purpose than copyright issues or from anyone other than the rightful owner or representative will be dealt with harshly, possibly with the appropriate authorities in your jurisdiction. You have been warned.

For clarity, only DMCA notices should go to the DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Here is a DMCA form you may use for efficiency:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://fictionbooksbay.com/index.php/fiction/abc/”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is the “ABC Guide” by John Doe, published by Jones Publishing, ISBN #0123456789″).

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

FOR WEB OR INTERNET SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEB PAGE OR FILE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result.

For example, suppose (hypothetically) that you conducted a search on fictionbooksbay.com using the query “ABC”, and found that the third and fourth

results directly link to a web page or file that you believe infringes the copyrighted text you identified in item #1 above. In this case, you would provide the following information:

Search Query: ABC
Infringing Web Pages/Files:  www.infringingwebsite.com/abcsample.torrent
directory.infringingwebsite.com

We will not accept links to only search results, as they do not identify any item that may link to material infringing your copyright. You must identify individual items in the search results that you wish us to remove. The following are examples of URLs that we will not accept as identification on their own. If your email contains only one of these URLs, and no other links, we will reject your request:

http://fictionbooksbay.com/index.php?s=query+string
http://fictionbooksbay.com/index.php/fiction/genre/aaa/
http://fictionbooksbay.com/index.php/fiction/tag/aaa/

If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to

fictionbooksbay@gmail.com.

3. Provide information reasonably sufficient to permit Fiction Books Bay to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit Fiction Books Bay to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly

infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Fiction Books Bay
Brett Yan
Email: fictionbooksbay@gmail.com
Telephone: 86(21) 55196577
WARNING: These contacts are for copyright takedown requests by their rightful owner and representatives ONLY. Not for legal advice, technical support or requests for interviews. Abuse of these contacts for any other purpose than copyright issues or from anyone other than the rightful owner or representative will be dealt with harshly, possibly with the appropriate authorities in your jurisdiction. You have been warned.

Notes

To expedite processing, we encourage primary communication with us via email, and please observe the following notes and guidelines:

  • List URLs on separate lines, and communicate your emails in plaintext format.
  • Include URLs in the format aforementioned. Ex. http://fictionbooksbay.com/index.php/fiction/aaa/
  • Group your list of alleged items into one email maximum per day.
  • Send your copyright related inquiries to
    fictionbooksbay@gmail.com only (or copyright@[domain] for any other website we operate). Requests to the wrong address will not be processed.
  • Send your copyright related inquiries from an address under the website of the copyright owner you represent. For example, if you represent “Joe Blow’s Band” and would like to remove a link that allegedly points at one or more of your copyrighted works, email us from janeblow@joeblowsband.com or some other distinguishing email address.
  • Emails to our upstream ISP’s will result in email forwarding and will only slow down processing.
  • Allow up to fifteen business days for us to process your request.

Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that Fiction Books Bay has removed or to which Fiction Books Bay has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”

4. Sign the paper.

5. Send the written communication to the following address:

Brett Yan
Email: fictionbooksbay@gmail.com
Telephone: 86(21) 55196577
WARNING: These contacts are for copyright takedown requests by their rightful owner and representatives ONLY. Not for legal advice, technical support or requests for interviews. Abuse of these contacts for any other purpose than copyright issues or from anyone other than the rightful owner or representative will be dealt with harshly, possibly with the appropriate authorities in your jurisdiction. You have been warned.

Account Termination

Many Fiction Books Bay Services do not have account holders or subscribers. For Services that do, Fiction Books Bay will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Fiction Books Bay and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

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