Greenlight Networks Digital Millennium Copyright Act (DMCA) Notice

Last Updated: September 6, 2024

Overview of Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”), provides that owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may report alleged infringement (“Notification”) to service providers like Greenlight Networks, LLC and its affiliates (collectively, “Greenlight Networks” or “Greenlight”). Once such a Notification is received from the owner of the copyrighted work (or its agent), service providers have certain obligations to attempt to stop the infringing activity from reoccurring.

 

Greenlight Networks takes allegations of copyright infringement seriously.  Accordingly, Greenlight Networks’ policy provides for an escalating series of communications, warnings, and suspension/termination of services in situations where a subscriber is found to be a repeat infringer or if the subscriber’s internet services are used repeatedly for infringing activity. Greenlight Networks may terminate a subscriber’s service under this policy at any time, with or without notice. This policy does not affect any other rights Greenlight Networks may have.

 

In accordance with the DMCA, Greenlight Networks has filed with the United Stated Copyright Office the necessary agent of notification information designating the agent identified in this Notice.  All notices and counter-notices must be sent to the designated agent in order to be effective.

How to Submit a DMCA Copyright Takedown Notification to Greenlight Networks

Greenlight Networks has registered a designated agent to receive notices of claimed copyright infringement with the U.S. Copyright Office.  If you believe a Greenlight Networks subscriber has utilized your work that constitutes copyright infringement, you may file a Notification of Claimed Infringement with Greenlight Networks’ designated copyright agent.

 

You may direct DMCA Notifications to Greenlight’s designated agent as follows:

 

Greenlight Networks, LLC

1777 E. Henrietta Rd., Suite 120

Rochester, NY 14623

E-mail: dmca@greenlightnetworks.com

 

Under DMCA subsection 512(c)(3), a notification of claimed copyright infringement must be provided in writing to Greenlight Networks’ designated agent (listed above) and must include substantially the following in order to be effective:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright.
  2. Identification of the copyrighted work or 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 or access to which is to be disabled, and the infringing IP address, port number, time, date, and the time zone to permit Greenlight Networks to locate the appropriate account.
  4. Information reasonably sufficient to permit Greenlight Networks 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 in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. 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.

Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Greenlight Networks, the alleged infringer, and/or the copyright owner for damages incurred as a result of the misrepresentation.

Greenlight Networks Processing of Notifications

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information to constitute a valid claim, Greenlight Networks will notify the subscriber of the alleged infringement. No personally identifiable information or subscriber information is shared with the copyright owner unless required by law.

 

After receiving Notifications regarding repeated infringement relating to a specific subscriber account, including through unauthorized file sharing and peer-to-peer file sharing, Greenlight Networks will take action to prevent repeated infringement. Such action may include temporarily disabling and/or permanently terminating the subscriber account.

How to File a DMCA Counter-Notification

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Greenlight Networks’ designated copyright agent identified above.

 

To be effective, the Counter-Claim must contain the following information:

 

  1. A physical or electronic signature of the subscriber submitting the counter-claim or on whose behalf the counter-claim is being submitted.
  2. The subscriber’s name, address, and telephone number.
  3. 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.
  4. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  5. A statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the service address is located, and that the subscriber will accept service of process from the person who provided the notification under DMCA subsection 512(c)(1)(C) or an agent of such person.

After receiving a compliant counter notification, Greenlight Networks will forward a copy of the counter notification to the copyright owner. If the copyright owner informs Greenlight Networks that it has initiated an action seeking a court order against the subscriber, Greenlight Networks will take no additional action, and any accused infringing material will continue to be blocked until that action is resolved. If Greenlight Networks does not receive notice from the copyright owner that an action has been initiated against the accused subscriber, Greenlight Networks will inform the subscriber that any removed material may be replaced by the subscriber and/or Greenlight Networks will take steps to restore access to any blocked materials or the subscriber’s account.

Note to Claimants and Agents:
  1. Complaints that are received and cannot be determined to be an actual subscriber of Greenlight Networks will be discarded.
  2. Complaints sent to any addresses other than the specified addresses in our filing with the US Copyright Office or our DMCA Policy will be discarded.
  3. All infringement claims must include IP address, port number, date and time, and time zone to be processed.

The information in this Notice is provided to you for informational purposes only and is not intended as legal advice. If you believe your rights under U.S. Copyright law have been infringed, you should consult an attorney.