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wiki:policies:copyright

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Copyright Complaint Policy

I. Purpose

The purpose of this policy is to describe the process for filing copyright complaints in accordance with the Digital Millennium Copyright Act (DMCA). 17 U.S.C. § 512, et al.

DMCA Safe Harbor

Pursuant to the DMCA Safe Harbor, Nested Knowledge, a software service provider, will not be liable for copyright infringement for materials generated and distributed by users on Nested Knowledge platforms. Nested Knowledge users may submit complaints of copyright infringement if they believe the Nested Knowledge software is being used to host or distribute infringed copyrighted material.

II. Scope

This policy applies to anyone who directly, or through an agent, accesses Nested Knowledge software services, which includes “AutoLit”, “Synthesis,” Wiki Documentation, as well as any subsequent software developed by Nested Knowledge that may be used to host user-generated materials (“Affiliated Organizations”).

III. DCMA Policy

Nested Knowledge Users are required to respect the rights of copyright owners and their agents.

Copyright owners, or agents thereof, must send a notice of alleged infringement to the designated agent, a representative at Nested Knowledge. Upon receipt of notification, Nested Knowledge will act quickly to remove or disable access to the infringing materials. After removal, the user alleged to be infringing, may send a counter-notice describing their fair use of the original work or refuting the claim of infringement.


1.Submit a Takedown Notice

As stated earlier, Nested Knowledge and its Affiliated Organizations respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with sufficient information to allow us to locate the material. Specifically, please provide us with including the following information:

  1. Signature: A signature of the copyright owner or a person authorized to act on behalf the copyright owner.
    1. Signatures may be electronic or physical.
  2. Copyrighted Work(s): The copyrighted work claimed to be infringed.
  3. Infringing Material(s):The material hosted on Nested Knowledge software that is claimed to infringe on copyrighted material(s) of the copyright owner.
  4. Contact: Contact information, such as email address and phone number.
  5. Good Faith Belief: A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. Include the statement,
    1. “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.”
  6. Accuracy and Authorization: A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. Include the statement,
    1. “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

Be sure to describe the original work(s), as well as the infringing material(s), in text, if possible. Include plain text URLs, rather than attachments. Nested Knowledge will not open attachments, except under special circumstances.


2. Submit a Counter-Notice

After removing materials for alleged copyright infringement, the infringing party has the opportunity to refute the complaint. The infringing party may send a counter-notice with proof that the material is not violating copyright, or proof that they have fair use to use the copyrighted work.

Upon receipt of a counter-notification, Nested Knowledge will replace or cease disabling access to the removed materials within 10-14 business days (unless the designated agent learns of a court order against the infringing activity). Nested Knowledge will inform the person who sent the original notification that the removed material will be made available again in 10 business days.

Counter-Notice Requirements

A DMCA counter notice must contain:

  1. Signature: A signature of the copyright owner or a person authorized to act on behalf the copyright owner.
    1. Signatures may be electronic of physical
  2. Disabled/Removed Material(s):The material hosted on Nested Knowledge software that was claimed to be infringing and was removed or disabled.
  3. Reasons: Include the reasons why you believe there was a mistake or misidentification.
  4. Contact: Contact information, including legal name, email address, address, and phone number.
  5. Good Faith Belief: A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law. Include the statement,
    1. “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.”—-
  6. Jurisdiction: A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection ©(1)(C) or an agent of such person.

Designated Agent

Please send notification of alleged copyright infringement, as well as counter-notices, to our designated agent via email:

Kevin Kallmes
CEO, Nested Knowledge
kevinkallmes@supedit.com
507-271-7051
PO Box 65431 Salt Lake City, UT 84165

Resolution

Nested Knowledge will review your submission and take whatever action we deem appropriate under the DMCA, including removal of the challenged content from the website. Furthermore, we may, in appropriate circumstances, disable or terminate the accounts of users who violate our DMCA policy.

If, for any reason, the two parties cannot come to a resolution by the rebuttal process, Nested Knowledge will put the two parties in contact to enable negotiation regarding how to treat the potentially infringing materials. Nested Knowledge may keep the potentially infringing materials up until such negotiations are complete and agreed to by both parties.


Repeat Infringers

At our discretion, Nested Knowledge may ban or restrict users who are repeat infringers from accessing Nested Knowledge software.


Other Disputes

Disputes regarding ownership of trademarks are not governed by DMCA. These disputes must be resolved by the parties involved. Nested Knowledge will never act as arbitrators or intermediaries in these disputes and will not take any action without the appropriate legal orders.

Revision History

AuthorDate of Revision/ReviewComments
K. Cowie05/10/2022Revised
K. Kallmes05/10/2022Approved

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wiki/policies/copyright.1652193513.txt.gz · Last modified: 2022/05/10 14:38 by katcow