Geeknet, Inc. Digital Millennium Copyright Act ("DMCA") Notification Procedure:
To comply with the Geeknet DMCA Notice, send a written notification (by fax, postal mail, overnight mail, or, when digitally-signed, by email) to our copyright agent with the following information, in the following format (including section numbers):
a. 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.
b. 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 Geeknet to locate the material (e.g., URL).
c. Information reasonably sufficient to permit Geeknet to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: "I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law."
e. Include the following statement: "The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
f. A physical, electronic or digital signature, in a form reasonably acceptable to Geeknet, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send written communication to the following contact:
Geeknet, Inc. Attn: Legal Services, DMCA Notifications 594 Howard St., Suite 300 San Francisco, CA 94105 Fax: 650-425-3815
i. Send electronically-signed communication to dmca@sourceforge.net
A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. A link to your published notice may also be displayed in SourceForge.net's search results in place of the removed material.
DMCA Counter-Notification Procedure:
After receiving a notification of alleged infringement, Geeknet will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Geeknet will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice.
The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by fax, postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.)
To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that Geeknet has removed or to which Geeknet has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or if your address is outside of the United States, the judicial district in which Geeknet is located, and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
d. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Geeknet.
e. Send written communication to the following address:
Geeknet, Inc. Attn: Legal Services, DMCA Notifications 594 Howard St., Suite 300 San Francisco, CA 94105 Fax: 650-425-3815
f. Send electronically- or digitally-signed communication to dmca@sourceforge.net
Upon receipt of a counter notification in substantial compliance with the DMCA, Geeknet will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly.
After receipt of the counter notification, Geeknet will generally replace the removed material and cease disabling access to it, unless Geeknet's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
