Medium Government Takedown Notice

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Medium Government Takedown Notice

sender

ROSKOMNADZOR

[Private]

,
,
,
RU

Sent on September 27, 2018

recipient

Medium.com

[Private]

SAN FRANCISCO,
CA,
94103,
US

submitter

ROSKOMNADZOR

Other Entities:

Submitter

Principal

Re: Putin post

Sent via: email

Notice Type:: DMCA

Action taken:: Yes

Copyright claim #1

Kind of Work: Unspecified

Description Направляется уведомление о внесении в «Единый реестр доменных имен, указателей страниц сайтов в сети «Интернет» и сетевых адресов, позволяющих идентифицировать сайты в сети «Интернет», содержащие информацию, распространение которой в Российской Федерации запрещено» следующего(их) указателя (указателей) страницы (страниц) сайта в сети «Интернет»: https://medium.com/fighting-russian-censorship/%D0%BF%D1%83%D1%82%D0%B8%D0%BD-%D0%B8-%D1%82%D0%B5%D1%80%D0%B0%D0%BA%D1%82%D1%8B-6a1040eec51a .

В случае непринятия провайдером хостинга и (или) владельцем сайта мер по удалению запрещенной информации и (или) ограничению доступа к сайту в сети «Интернет», будет принято решение о включении в единый реестр сетевого адреса, позволяющего идентифицировать сайт в сети «Интернет», содержащий информацию, распространение которой в Российской Федерации запрещено, а доступ к нему будет ограничен.

Сведения о включении доменных имен, указателей страниц сайтов сети «Интернет» и сетевых адресов доступны круглосуточно в сети «Интернет» по адресу http://eais.rkn.gov.ru .

С уважением,
ФЕДЕРАЛЬНАЯ СЛУЖБА ПО НАДЗОРУ В СФЕРЕ СВЯЗИ, ИНФОРМАЦИОННЫХ ТЕХНОЛОГИЙ И МАССОВЫХ КОММУНИКАЦИЙ.
It is notice of making an entry into the "Unified register of domain names, Internet web-site page links and network addresses enabling to identify the Internet web-sites containing the information prohibited for public distribution in the Russian Federation” the Internet web-site page (s) link (s): https://medium.com/fighting-russian-censorship/%D0%BF%D1%83%D1%82%D0%B8%D0%BD-%D0%B8-%D1%82%D0%B5%D1%80%D0%B0%D0%BA%D1%82%D1%8B-6a1040eec51a .

In case the hosting provider and (or) the Internet web-site owner fail to take these measures, the network address enabling to identify Internet web-sites containing the information prohibited for distribution in the Russian Federation will be decided to be entered into the Register and access will be limited.

The information about entering the domain names, Internet web-site page links and network addresses into the Register shall be available on a 24-hour basis at the following Internet address: http://eais.rkn.gov.ru/en/ .

Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications (ROSKOMNADZOR).
Original URLs:
Allegedly Infringing URLs:
1. https://medium.com/fighting-russian-censorship/%D0%BF%D1%83%D1%82%D0%B8%D0%BD-%D0%B8-%D1%82%D0%B5%D1%80%D0%B0%D0%BA%D1%82%D1%8B-6a1040eec51a

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Related FAQs

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

Does the first sale doctrine mean I can re-sell computer software?

Many makers of computer software say that their software is licensed, not sold, because the user breaks a "shrinkwrap license" on the box or clicks through an end-user license agreement ("EULA") before using the software. The legal rights of the end user may then be limited by the licensing terms, provided that the end user has been contractually bound to those terms. EULAs may attempt to prohibit modification, reverse engineering, or resale. Courts are still working out the tensions between software licensing and copyright's first sale and fair use rights.

What rights are protected by copyright law?

The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying),
(2) the right to create derivative works,
(3) the right to distribution,
(4) the right to performance,
(5) the right to display, and
(6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement regulation protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

Does copyright protect techniques or methods?

No. Copyright protects only expression, not ideas. So while copyright might protect one author's description of a bookkeeping method, it does not prevent others from using the method or copying the forms needed to use it.

This "idea/expression dichotomy" is spelled out in part in the Copyright Act's Section 102(b):

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

What is the Universal Copyright Convention (UCC)?

The Universal Copyright Convention (UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention.

The UCC was developed by United Nations Educational, Scientific and Cultural Organization as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention, but still wished to participate in some form of multilateral copyright protection.

What defenses are there to copyright infringement?

The primary defense to copyright infringement is "fair use." 17
U.S.C.

What is the "first sale" doctrine?

First sale is a doctrine in copyright law saying the owner of a particular copy of a copyrighted work has the right to sell, lend, or transfer that copy. In other words, the copyright holder's rights over a physical copy of a work end with the "first sale." The doctrine is codified in the Copyright Act, 17 U.S.C. 109.

What is a patent?

A patent is a set of exclusive rights granted by a state to a patentee (the inventor or assignee) for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or composition of matter (substance) (known as an invention) which is new, inventive, and useful or industrially applicable.

What constitutes copyright infringement?

Subject to certain %22>defenses</a>,%20it%20is%20copyright%20infringement%20for%20someone%20other%20than%20the%20author%20to%20do%20the%20following%20without%20the%20author's%20permission:%20<br>%0A1.%20reproduce%20(copy)%20the%20work;<br>%0A2.%20create%20a%20new%20work%20derived%20from%20the%20original%20work%20(for%20example,%20by%20translating%20the%20work%20into%20a%20new%20language,%20by%20copying%20and%20distorting%20the%20image,%20or%20by%20transferring%20the%20work%20into%20a%20new%20medium%20of%20expression);<br>%0A3.%20sell%20or%20give%20away%20the%20work,%20or%20a%20copy%20of%20the%20work,%20for%20the%20first%20time%20(but%20once%20the%20author%20has%20done%20so,%20the%20right%20to%20sell%20or%20give%20away%20the%20item%20is%20transferred%20to%20the%20new%20owner.%20This%20is%20known%20as%20the%20%22first%20sale%22%20doctrine:%20once%20a%20copyright%20owner%20has%20sold%20or%20given%20away%20the%20work%20or%20a%20copy%20of%20it,%20the%20recipient%20or%20purchaser%20may%20do%20as%20she%20pleases%20with%20what%20she%20posesses.)%2017%20U.S.C.%20?109(a);<br>%0A4.%20perform%20or%20display%20the%20work%20in%20public%20without%20permission%20from%20the%20copyright%20owner.%20<a%20HREF=" http:>17 U.S.C. ?106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed here.

What kinds of things are copyrightable?

In order for material to be copyrightable, it must be original and must be in a fixed medium.

Only material that originated with the author can support a copyright. Items from the public domain which appear in a work, as well as work borrowed from others, cannot be the subject of an infringement claim. Also, certain stock material might not be copyrightable, such as footage that indicates a location like the standard shots of San Francisco in Star Trek IV: The Voyage Home. Also exempted are stock characters like the noisy punk rocker who gets the Vulcan death grip in Star Trek IV.

The requirement that works be in a fixed medium leaves out certain forms of expression, most notably choreography and oral performances such as speeches. For instance, if I perform a Klingon death wail in a local park, my performance is not copyrightable. However, if I film the performance, then the film is copyrightable.

Single words and short phrases are generally not protected by copyright, even when the name has been "coined" or newly-created by the mark owner. Logos that include original design elements can be protected under copyright or under trademark. Otherwise, words, phrases and titles may be protected only by trademark.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

What are screenshots, and is using them copyright infringement?

Screen shots or screen dumps are still images taken from computer programs. Screen shots are often used in training materials to explain how to use a computer program. Screen shots are protected by copyright law if the original work is protected. This is due to the fact that screenshots are viewed as derivative works.

The US Copyright Act of 1976, Section 101, says:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."

What is a copyright notice?

A copyright notice is placed on copies of a work by the owner in order to inform the public that the owner - an individual or business - holds copyright in the work. The public is then "on notice" that the work is copyrighted and unauthorized copying may infringe the copyright owner's rights.

Generally, a proper copyright notice must contain:
1. The symbol ©, the word “Copyright”, or the abbreviation “Copr.”
2. The year of first publication of the work.
3. The name of the copyright owner, a recognizable abbreviation of the copyright owner's name, or a generally known alternative designation of the owner.

The notice must also be placed on copies of a work so that they give reasonable notice of the claim of copyright.

The legal effect of proper copyright notice is to prevent a defendant in a copyright infringement suit to raise a defense based on innocent infringement. Simply, it prevents a defendant from saying "I had no idea that this work was copyrighted and I should not have to pay damages for willful infringement."

The specific notice provisions are set forth in 17 U.S.C. § 401-406.

What are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

Does copyright protect words or short phrases?

No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be "original works of authorship" under the Copyright Act. Names may be protected by trademark, in some instances. See the  FAQ for more information.

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