DMCA Notice and contact Agent designation for Peoples' Counsel web site and materials
Many copyright claimants [of other materials/sites - not, apparently, THIS site] are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.
In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
The hosting agent may have a general agent designated, however, the designated agent for this site [Peoples' Counsel] is Maurice Edward, Brahier, who may be contacted via m_brahier "at" hotmail.com, as so noted and linked upon each and EVERY page of this site. The mailing address for Maurice is located upon the PDF court materials. He specifically states and directs that any and ALL purported complaints be directed to him, stating the specific pages AND materials claimed to be under the purvue of any copyright act, Law, statute, or otherwise designated; stating EXACTLY how the materials in question fall under such claim and how these apply towards the materials upon this site in their presented form.
FURTHER: The service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)]. TAKE SPECIFIC NOTE: The court and/or government contact materials on this site were/are materials submitted in official court or other official matters, therefore, potential issues MUST be addressed to the specific office and or court, and which modify their records PRIOR to modification of this site's materials. They will, prior to such modification, supply Maurice with personal Notice that this is intended, and follow any: Laws; rules; codes; or otherwise applicable, during pendency to record change.
Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.
Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.
TAKE SPECIFIC NOTICE: see the main page for this site and the legal Notice and other Notices thereon.
Other matters or issues as might be found or addressed related to Peoples' Counsel web site
Named parties, organizations, associations, and individuals included within pages/documents on this site
The materials on this site are [for the most part and unless otherwise indicated] public court or government office record, however, they are NOT for public or private use beyond viewing upon this site, and listing upon the public search engines {information location tools} [to include the necessary data base collections - Google, Yahoo, MSN, Live, Technorati, and the like, for that type of PUBLIC use ONLY]. If the materials are to be used otherwise, they must first be released by Maurice or his agent/designee [if the materials are his to release], however, they remain his property and/or the property of the respective owner {e.g., trademarks, other's copyrighted materials, etc.}.
Any and all names, party inclusions, or other like indicators within or upon these: court materials; reference materials; and other materials; INCLUDING the web site's pages, are a matter of record within the original court and/or agency documents and {case} records. The recourse for any complaints or requests for removal MUST be addressed to the respective courts and or agencies in which these materials / records reside.
As such, all named parties and/or individuals {defendant/respondent(s), complaintee/complaintant} have had the opportunity to respond upon the official records and within those cases; therefore, the materials upon this site contain no materials in which the potential parties and/or named individuals have NOT previously had the opportunity to respond or otherwise remove their names from these/those records in an official and legal manner; or otherwise address potential issues [save for materials provided upon this site which are not official records - being the Windows materials and/or discussions, or converted materials from government sites found in referenced materials].
Any named parties and/or individual defendant/respondent(s) appearing within these pages has therefore been estopped from further attempts to take any action pursuant these materials. They are part of the official records. The ONLY parties who had this ability [removal of their names from this site's materials], were the children, and as they are now adults, their full names have been removed.
Parties and or their agents that wish to debate and/or demand and/or take issue, or otherwise request or demand modification of Peoples' Counsel web site and/or pages, must directly contact Maurice Edward, Brahier via the afore mentioned contact points, and no other. Attempts to coerce the site provider, hosting agent [HSP}, ISP, and other like related to the presentation on and of this site, will be deemed attempts to: commit fraud; and/or, submit false complaints; and/or, false accusation; and/or, extortion or coersion; and/or, violation of 1st Amendment protections; and/or, false claims under DMCA or other applicable copyright statute; and/or, violations of Public records statutes; and/or, FOIFA; and/or, other international, state, and/or federal statutes, treaties, and/or other agreements.
17 USC 512(f):
"Any person who knowingly materially misrepresents under this
section ... that material or activity is infringing ... shall
be liable for any damages, including costs and attorneys' fees,
incurred by the alleged infringer, by any copyright owner or
copyright owner's authorized licensee, or by a service provider,
who is injured by such misrepresentation, as the result of the
service provider relying upon such misrepresentation in removing
or disabling access to the material or activity claimed to be
infringing, or in replacing the removed material or ceasing to
disable access to it."
17 USC 512
(3) ELEMENTS OF NOTIFICATION-
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) 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.
No court, or agency or agent [public, private, or government], or arbitrator, or other purported authorized agent or agency, may submit or Order blockage and/or removal or in which a blockage or removal might occur, without first contacting Maurice, and supplying sufficient opportunity to respond or otherwise proceed, and for which specific identifying inclusions [name of parties and address(es), contact points, etc.] have been provided.
Stated and assigned; by Maurice Edward, Brahier pursuant peoplescounsel web site and materials, signature on record.