Copyright & Content Takedown Process

Legal Rights & Agreement Rules · Restriction or exception

Accepting a claim by email or mail waives no objection about international legal process

"For international legal process requirements, the acceptance of a claim by email or mail is merely for convenience and does not waive any rights or objections, such as lack of jurisdiction or proper service." So a claim accepted through the convenient email or mail routes does not, by itself, settle that the company accepts the forum or the service of foreign process; "such as" makes jurisdiction and proper service examples rather than a closed list.

Supporting quotations

For international legal process requirements, the acceptance of a claim by email or mail is merely for convenience and does not waive any rights or objections, such as lack of jurisdiction or proper service.

Qualifications & exceptions

• The statement is framed for "international legal process requirements".
• The listed objections ("lack of jurisdiction or proper service") are examples introduced by "such as", not a closed list.

Not stated here

• What the company accepts as valid international legal process, or whether it accepts service at the San Jose address, is not stated in this document.

Cross-references

• qualifies (model-proposed): Claims should go to a designated Copyright Agent by email or registered mail to San Jose — The convenience of the email and mail routes does not extend to international legal process: accepting a claim that way preserves objections such as lack of jurisdiction or proper service.

Legal Rights & Agreement Rules · Procedure

A counternotice must identify the content, swear good faith, and consent to a Federal District court

Four items are required: "Your physical or electronic signature"; "Identification of the content (that has or will be) removed or to which access has been (or will be) disabled"; a statement "under penalty of perjury that you have a good faith belief that removal or disablement of the content was (or would be) a mistake or that the content was misidentified"; and "Your name and telephone number, and (unless prohibited by applicable laws) a statement that you consent to the jurisdiction of the Federal District court (1) in the judicial district where your address is located, if the address is in the United States, or (2) in Santa Clara County, California, if your address is located outside the United States and that you will accept service of process from the complainant submitting the notice." The forum therefore depends on where the filer's address is, and the consent and service acceptance are dropped back only where applicable law forbids them. Compared with the two notices, this section asks for less contact detail: name and telephone number, not address or e-mail.

Supporting quotations

Your physical or electronic signature;

Identification of the content (that has or will be) removed or to which access has been (or will be) disabled;

A statement under penalty of perjury that you have a good faith belief that removal or disablement of the content was (or would be) a mistake or that the content was misidentified; and

Your name and telephone number, and (unless prohibited by applicable laws) a statement that you consent to the jurisdiction of the Federal District court (1) in the judicial district where your address is located, if the address is in the United States, or (2) in Santa Clara County, California, if your address is located outside the United States and that you will accept service of process from the complainant submitting the notice.

Qualifications & exceptions

• The signature may be "physical or electronic".
• It covers content already removed or to be removed, and access already disabled or to be disabled.
• Forum depends on the filer's address: the judicial district of that address if it is in the United States, otherwise Santa Clara County, California.
• The consent to jurisdiction and acceptance of service apply "(unless prohibited by applicable laws)".
• This section requires only "Your name and telephone number", not the address and e-mail the notices require.

Not stated here

• The document does not say how the company would contact a counternotice filer, since no address or e-mail is required here.

Cross-references

• qualifies (model-proposed): A person targeted by a claim may send a counternotice on request, with no stated deadline — The permission to send a counternotice is conditioned on supplying the four items, including the good-faith statement under penalty of perjury and the consent to a Federal District court.
• referred to by (model-proposed): An optional counternotice form is offered, and it must be completed in full — The optional Counternotice form is offered for the same four-item counternotice; completing it in full is required for effectiveness.