Digital Millenium Copyright Act

The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the U.S. Copyright law to provide limitations for Internet service provider liability relating to on-line material and to protect copyright protected works in accordance with World Intellectual Property Organization Copyright Treaty and Performances and Phonographs Treaty.

Subsection 512(c) of the House Resolution 2281 provides limitations on service provider liability with respect to information residing, at direction of a user, on a system or network that the service provider - in this case Zhonka Broadband LLC (Zhonka) - controls or operates.

Zhonka Broadband claims this limited liability by providing the required information forthwith. Further, Zhonka broadband has designated an agent for notification of claimed infringement by providing contact information to the U.S. Copyright Office and posting the agent's contact information the Zhonka Broadband's publicly accessible website, http://www.zhonka.net/.

As per Zhonka Broadband's Terms of Service agreement, any Zhonka customer or guest providing or tranferring content is a considered a user and is bound to this agreement.

To learn more about Copyrights visit the Library of Congress U.S. Copyright Office.

Download/read the entire Digital Millenium Copyright Act (324Kb .pdf)

Procedure for filing a claim

DMCA section (512) (f) defines penalties for knowingly misrepresenting a claim.
DMCA Section 512 (c) (3) (A) requires the following of notices alleging copyright infringement:

Elements of Notification. 
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:

* A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

* 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.

* 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.  [Please include a URL such as http://... or ftp://... identifying the material or representative material.  If possible specify any IDs, passwords, or other authorization required to access the material.  Please specify date, time, and timezone from which the material was observed.  Technicians may require time information in order to identify dynamically assigned internet locations.]

* 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.

* 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.

* 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.

DMCA Section 512 (d) (3) requires similar information for notices requesting removal of links or other references to infringing materials.

Please provide all required information by postal mail or common courier to the designated agent.

The DMCA requires prompt acknowledgment and action from the registered DMCA agent.

Procedure for filing a counter-claim

DMCA section (512) (f) defines penalties for knowingly misrepresenting a claim.
DMCA Section 512 (g) (3) requires the following of notices alleging copyright infringement:

To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following:

* A physical signature of the subscriber.

* Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. [Please include a URL such as http:// & or ftp:// & identifying the material or representative material, such as in the DMCA agent notice to you. You may want to expand on it or distinguish some materials from others. If possible specify any IDs, passwords, or other authorization required to access the material. Please specify date, time, and timezone from which the material was observed. Technicians may require time information in order to identify dynamically assigned internet locations.]

* A statement under penalty of perjury that the subscriber has a good faith belief that the material was re-moved or disabled as a result of mistake or misidentification of the material to be removed or disabled. [If you have any permission for subject materials, please identify them. If you believe materials to be quotable under Fair Use doctrine, please state your case with reference to the four principles of Fair Use.]

* The subscriber's name, address, and telephone number, and 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 (c)(1)(C) or an agent of such person.

Once the complaining party receives your claim, the DMCA permits the service provider - in this case Zhonka Broadband - to restore materials or access in 10 - 14 business days unless the complaining party serves notice that it intends to seek a court order to restrain infringement. Zhonka policy may mandate for other reasons that materials or access not be restored, and that other investigation, containment, or disciplinary measures proceed.

DMCA RegisteredAgent

DMCA Agent authorized to receive claims of copyright infringement, initiate takedown, receive counter-claims, and initiate restoration as appropriate is:

Dave Olson
Zhonka Broadband, LLC
Managing LLC Member and Minister of Marketing Affairs
204 Quince St, NE, Suite 201
Olympia, WA 98507

Phone: 360-357-8776
E-mail: info (at) zhonka.net (please change to correct syntax) - Send no Unsolicited E-mail!

This page is http://www.zhonka.net/dmca.html - Last updated 3/2/2004

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This site and all contents - unless otherwise specified - are © Zhonka Broadband LLC 2002 and beyond. "Zhonka Broadband" and "Surfbreaks" are ™.
Zhonka maintains a registered DMCA agent to receive claims of copyright infringement.
As per RCW 19.190.40, it is a punishable offense to send unsolicited e-mail to Washington state addresses.