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DMCA complaint

         

andybin2003

12:23 am on Nov 17, 2005 (gmt 0)



Hello All. I recently had a small problem with google and my website and have gotten my account disabled. They have sent me an e-mail saying the following: "Google can keep you as an AdSense publisher if you send a proper
counter
notification pursuant to sections 512(g)(2) and 3) of the DMCA. For
more
information about the requirements of a counter notification, and a
link
to a sample counter notification, see [google.com...]

I checked what all of those sections were and found one of my requirements was "and a statement that you consent to the jurisdiction of Federal District Court for the
judicial district in which your address is located (or
Santa Clara 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."

Can someone explain what that means? I know nothing about law or laws, would mean I would have to go to court if asked to? Thanks!

LeChuck

12:35 am on Nov 17, 2005 (gmt 0)

10+ Year Member



Yes, this means you agree to be named defendant in a lawsuit and accept the jurisdiction of the court of Santa Clara County, California.

In other words: You have to tell google you are so sure you did nothing wrong that you would feel comfortable telling that to a judge. You should have evidence, or the plaintiff had better not have evidence.

This doesn't mean they will sue you, but if you did break the law they will probably do it.

If you do not file a counter claim then you will lose your adsense account.

If you file a bogus counterclaim the punisment will be more severe.

Disclaimer: I am not a lawyer. This is not legal advice.

WallyWorld

3:49 am on Nov 17, 2005 (gmt 0)

10+ Year Member



It just says you agree to abide by the decision of that court (which you do anyway) or if you live outside the U.S. you agree the court in Calif. has jurisdiction over any lawsuit.

Learn more about replying to a dmca at tor.eff.org