Legal:DMCA Video Call Santa

    From the Wikimedia Foundation Governance Wiki
    From: enforcement@dualverse.com
    To: legal@wikimedia.org
    Date: February 12, 2019 at 06:17:42 UTC
    Subject: Copyright infringement DMCA notice
    Content: c:File:Video Call Santa.png
    An attachment to the below has been uploaded as 📎 [[:File:|]].

    Dear Jacob, Thank you for your reply and instructions on filing DMCA. The below are the information you have requested. Please let us know if you need any further information from our side. Thank you again. - A link to where the allegedly infringing content appears on a Wikimedia site: https://commons.wikimedia.org/wiki/File:Video_Call_Santa.png - Identification of our copyrighted work: https://itunes.apple.com/us/app/video-call-santa/id947281623?mt=8 - We have a good faith belief that the posted material is not authorized by us, Dualverse, Inc, the copyright owner, its agent, or the law - Jong Lee on behalf of Dualverse, Inc., <redacted>, Seoul, Korea - I agree to accept service of process in any jurisdiction where I can be found. - The information in the take down notice is accurate, and under penalty of perjury, that I am authorized to act on behalf to elf owner of an exclusive right that is allegedly infringed. - I am attaching the signature and our company stamp Jong Lee, Dualverse, Inc. On Fri, Feb 8, 2019 at 5:52 AM Wikimedia Legal <legal@wikimedia.org> wrote: Dear Jong, The purpose of this email is to inform you that the Wikimedia Foundation (“Wikimedia”) received your letter, dated Jan 28, 2019, requesting that Wikimedia remove allegedly infringing content at https://commons.wikimedia.org/wiki/File:Video_Call_Santa.png. To comply with your request, your notice must meet the statutory requirements provided under the Digital Millennium Copyright Act (“DMCA”), in Section (c) (3)(A). Your notice must include: · A link to where the allegedly infringing content appears on a Wikimedia site and a description of the content in detail sufficient enough for us to locate and identify the alleged infringing content; · Identification of your allegedly copyrighted work; or if multiple copyrighted works at a single online site are covered by a single take down notice, a representative list of such works at that site; · A statement that you have a good faith belief that the posted material is not authorized by the copyright owner, its agent, or the law; · Your name, address, phone number, and if possible, email address; · If your address is in the United States, a statement that says “I consent to the jurisdiction of the Federal District Court in the district where my address is located, and I will accept service of process from the person who complained about the content I posted”; or if your address is outside the United States, a statement that says “I agree to accept service of process in any jurisdiction where I can be found”; · A statement that the information in the take down notice 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; and · The physical or electronic signature of a person authorized to act on behalf of the copyright holder Your notice is missing a majority of this information including complete contact information and the required legal statements. When Wikimedia receives your validly formulated notice, we will assess your claim and respond to you accordingly as promptly as possible. Please be advised that should we eventually remove the content, the content uploader may submit a counter notice to contest the content’s removal. Pursuant to DMCA Section 512(g)(2)(B), Wikimedia will notify you if Wikimedia receives a valid counter notice. Upon your notification that we have received a valid counter notice, you will have fourteen (14) days to file suit to restrain the restoration of the content pursuant to Section (g)(2)(C) of the DMCA. If no suit is filed, the content will be restored. Please be advised that Wikimedia will not be a party to any legal action that arises from you filing suit, and that Wikimedia is unable to provide you with legal advice. Please do not hesitate to contact us if you have any further questions or concerns regarding this notice. Sincerely, Jacob Rogers Wikimedia Foundation NOTICE: This email message and all attachments transmitted with it are intended solely for the use of the addressees and may contain legally privileged, protected, or confidential information. If you have received this message in error, please notify the sender immediately by email reply and please delete this message from your computer and destroy any copies. You must not copy or disclose the contents of this message or any attachment to any other person. On Mon, Jan 28, 2019 at 9:58 PM Enforcement Dualverse <enforcement@dualverse.com> wrote: Dear Sir or Madam, We are Dualverse, Inc, the publisher of and are the owner of all copyright and other intellectual property rights subsisting in the app, ‘Video Call Santa’ (https://itunes.apple.com/us/app/video-call-santa/id947281623?mt=8) in the Apple App Store and its android version (https://play.google.com/store/apps/details?id=com.surrealknight.videocallsanta) in the Google Play Store as well. The apps and their content including the underlying software and assets are original works in which copyright subsists under national and international law, including under the Berne Convention for the Protection of Literacy and Artistic Works. We are the owner of all and any copyright subsisting in the app and its content. Someone uploaded our app icon from our previous version here without our permission: https://commons.wikimedia.org/wiki/File:Video_Call_Santa.png As the copyright holder and owner of our intellectual properties, we therefore submit this letter as official notification under the provision of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the the app mentioned here. We do not consent to, nor authorize, the use of the infringing material, have a good faith belief that use of the infringing material in the manner complained is not authorized by law and seek Wikimedia's legal agent's assistance in limiting damages to our intellectual properties. Please, let us know if you need any further information on this case. Thank you very much. Sincerely, Jong Dualverse, Inc.