方针:维基媒体基金会数字千年版权法案（“DMCA”）方针
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按照DMCA 数字千年版权法（17 U.S.C. § 512）（“DMCA”），维基媒体基金会（“WMF”）可能被要求从维基媒体项目上移除内容，以回应DMCA下架内容的正式要求。法案对互联网服务提供商（ISP）和其它中介的著作权侵权责任建立了一个避风港，或称法律豁免。一直以来，这样的豁免都是整个知识自由运动的宝贵资产，对维护用户的多项自由权利至关重要，而用户的自由帮助了整个运动的成功。为保持安全港地位，WMF应按有效制定的通知要求，移除可能侵权的作品。
为了鼓励和维护我们网站上的言论自由，如果WMF认为相关内容实际上是合法的，我们将对DMCA删除请求提出异议。法律规定，DMCA请求必须由作品的有效版权持有人或经授权代表版权持有人行事的代理人提出，并且要求请求必须出于善意提出，否则将受到伪证处罚。
如果您是著作权持有人……
如果您是版权所有者，并且您认为您的作品受到了侵权，本着开放合作的精神，WMF鼓励您通过维基媒体志愿者社区寻求解决方案。您可以通过[[info-en-c@wikimedia.org|这里]]联系维基媒体志愿者社区以非正式方式请求删除内容。当您联系志愿者社区时，请提供内容的确切网址（您的网络浏览器显示的页面“地址”或“位置”），并提供足够的信息来证实您对版权所有权的主张。您必须提供出版物链接、作品扫描页以及足够的出版物详细信息来支持您的请求，以便志愿者社区评估您的请求。
Alternatively, you may initiate a formal DMCA takedown process as set out here and in our Terms of Use. Please note that a third party may submit a counternotice challenging your takedown request, at which point WMF is required to restore the previously removed content. You may then initiate legal proceedings against the third party who files a DMCA counternotice in order to determine copyright ownership and the legality of the material's use. You may also be liable for damages, such as costs and attorney fees, if you knowingly and materially misrepresent your claim. As WMF is unable to provide you with legal advice, you may wish to consult an attorney before filing a DMCA takedown notice.
To initiate a formal DMCA takedown request, please send a letter to WMF at legal@wikimedia.org or to Wikimedia's designated agent:
- Wikimedia Foundation
- c/o CT Corporation System
- 330 N Brand Blvd.
- Glendale, CA 91203-2336
The takedown notice must substantially comply with the provisions of 17. U.S.C. § 512(c)(3)(A). Submission of a takedown notice further requires that you consent to the jurisdiction of a United States court. Statutory requirements of a valid DMCA takedown notice include:
- your physical or electronic signature;
- your contact information;
- identification of what work is being infringed;
- identification of the material that you believe to be infringing and a description that allows us to locate the material on our website;
- a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- 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 copyright owner.
一旦您发起了DMCA下架通知……
If WMF receives a valid and statutorily-compliant DMCA takedown notice, WMF will remove the content upon satisfactory review of the merits of the infringement claim. Once the content is removed, we will post the notice online on our own site and send the report to Lumen (previously known as Chilling Effects) and other third parties if appropriate. We will also take reasonable steps to notify the content uploader of the DMCA notice. Posted DMCA notices may be found in this category.
The content uploader may respond with a DMCA counternotice. The counternotice operates much like the original notice, but works in the reverse. Please note that there is no statute of limitations for counternotices.
If WMF receives a valid counternotice, we will seek to notify you of its receipt. You will have 10 business days to file suit and enjoin continued use of the content. If you decline to file suit, WMF will restore the content pursuant to 17 U.S.C. § 512 (g)(2)(B)-(C). WMF will also post the counternotice online. Posted counternotices may be found in this category.
如果您是内容上传者……
If you are the uploader of content that has been subject to removal in response to a DMCA takedown notice, we will make reasonable efforts to notify you of the action. In an effort to be transparent, we will also post the DMCA takedown notice online on our own site and on Lumen, and other third parties if appropriate.
If a contribution of yours was the subject of a DMCA takedown and you believe that the contribution did not violate copyright laws, you may wish to file a counternotice. Please consider that filing a counternotice may lead to legal proceedings between you and the sender of the takedown notice to determine ownership and legality of the use of the material. You may also be liable for damages, including costs and attorney fees, if you knowingly and substantially misrepresent your claim. As WMF is unable to provide you with legal advice, you may wish to consult an attorney before filing a counternotice.
Any counternotice that you file must meet statutory provisions under the DMCA and requires that you consent to the jurisdiction of a United States court. Requirements of a compliant DMCA counternotice under 17 U.S.C. § 512 (g)(3) include:
- your physical or electronic signature;
- your name, address, and phone number;
- identification of the material and its location before it was removed;
- a statement under penalty of perjury that the material was removed by mistake or misidentification;
- your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.); and
- your consent to accept service of process from the party who submitted the takedown notice.
假如我提出了DMCA抗辩通知，接下来会发生什么？
If WMF receives a statutorily-compliant counternotice, we will make reasonable efforts to notify the original requestor of the takedown that a counternotice was received. The original requestor will have 10 business days from the date WMF notifies the original requestor of the counternotice to prevent the restoration of the content by filing a lawsuit. If the original requestor has not filed suit, WMF will restore your content between 10 and 14 business days after receipt of the counternotice. WMF will also post the counternotice online. Posted counternotice may be found in this category.
重复侵权者会发生什么？
根据DMCA，适当情况下，我们将终止我们系统和网络中反复侵权的用户和账号持有人（参见17 U.S.C. § 512 (i)(1)(A)）。
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