Last Update: 10/10/2021
If you are unable to resolve the dispute directly with the owner and/or administrator of a website hosted or served by DEV.ME after submitting a complaint to the DMCA agent designated by the owner and/or administrator, DEV.ME will follow the below procedures with respect to Notices of Infringement and Counter-Notifications.
- Prior to Filing a Notice of Infringement with DEV.ME: An owner of a copyright should conduct its own due diligence to ascertain whether the owner in fact owns the copyright to an original work and whether the content on a website hosted by DEV.ME constitutes an unauthorized use of the content and/or infringes on the owner’s copyright and must first have attempted to resolve the issue with the owner and/or administrator of the website.
- Filing a Notice of Infringement: If the copyright owner’s investigation confirms that the owner actually owns the copyright and that the content posted on the website is unauthorized or infringes on the owner’s copyright, the owner (hereinafter referred to as the "Complainant") should prepare and submit a Notice of Infringement to DEV.ME through the Designated Agent. The Notice of Infringement should include all of the statutory requirements listed below and should be sufficiently detailed. Upon receipt of the Notice of Infringement, DEV.ME’s Designated Agent will notify the owner(s) of the website of the copyright infringement claim in the Notice of Infringement. Please note that DEV.ME does not monitor or police deployments and if a deployment or part thereof is taken offline, it is possible that a website owner may spin up a new deployment to push to their website and that deployment may have similar issues (and may be subject to a new DMCA complaint).
- Resolving the Notice of Infringement:
- To the extent that the Notice of Infringement properly alleges that the entirety of the contents or materials of a website hosted by DEV.ME infringe on the Complainant’s copyright, DEV.ME will disable the pages at issue, in its entirety, and will take the pages offline.
- Since DEV.ME is unable to disable access or to remove specific content from its customers’ public websites and can only address deployments made through the DEV.ME Platform, in the event that the Notice of Infringement properly alleges that only portions of the website’s content infringes the copyrights of the Complainant, DEV.ME will disable the specific content from the deployment.
- Filing a Counter-Notification: Where allegedly infringing material was removed (or access to it disabled) in response to a Notice of Infringement, the owner(s) of the website should consult with a professional and/or lawyer about their options and circumstances. If you, as the owner(s) of the website, believe that material you posted on a website deployed through the DEV.ME Platform was wrongfully removed or access to it was disabled by mistake or misidentification, you can file a Counter-Notification with DEV.ME 908\3764446.2 through its Designated Agent. DEV.ME will then promptly provide a copy of the Counter-Notification to the Complainant who originally filed the Notice of Infringement.
- Copyright Owner’s Right to File a Lawsuit: DEV.ME will promptly replace the removed material or restore access to it within ten (10) to fourteen (14) business days after receiving the Counter-Notification from the owner(s) of the website, unless DEV.ME’s Designated Agent receives notice from the Complainant that it has filed an action seeking a court order to restrain the owner(s) of the website from engaging in infringing activity pursuant to Section 512(g)(2)(b) of the DMCA.
Notice of Infringement
DEV.ME will promptly respond to Notices of Infringement that comply with applicable laws and DEV.ME’s DMCA Policy. In the event you believe any materials accessible on or from a website hosted by DEV.ME infringe your copyright, you may request removal of those allegedly infringing materials (or access to them) by submitting a written notification to DEV.ME’s copyright agent designated below.
Pursuant to Section 512(c)(3) of the DMCA, the written notice must include the following:
- Your physical or electronic signature.
- A statement by you that you first attempted to resolve the issue with the website owner or administrator.
- Identification of the copyrighted work you believe to have been infringed (or a representative list of works if the claim involves multiple works), including copies of, or references to, URL’s where your copyrighted works reside so that we can verify that you are the copyright owner.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow DEV.ME to locate that material.
- Adequate information by which DEV.ME can contact you (including your name, mailing address, telephone number, and e-mail address).
- A statement by you that you have a good faith belief that the use of the copyrighted materials is unauthorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notice of Infringement is accurate.
- A statement, under penalty of perjury that you are authorized to act on behalf of the copyright owner.
DEV.ME’s designated copyright agent (“Designated Agent”) to receive DMCA Notices of Infringement and Counter-Notifications (as defined below) is:
1 Yonge Street, Suite 300
Toronto, ON M5E 2A3, Canada
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Infringement may not be effective. Furthermore, if you knowingly and materially misrepresent that the material on the website hosted by DEV.ME is infringing your copyright, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you are a DEV.ME customer and believe that material you posted on a website served through the DEV.ME Platform was wrongfully removed or access to it was disabled by mistake or misidentification, you can file a counter-notification with DEV.ME (“Counter-Notification”), pursuant to Section 512(g)(2) and (3) of the DMCA, by submitting written notification to our Designated Agent identified above.
Pursuant to the DMCA, the Counter-Notification must substantially include the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled, along with the location at which the material appeared before it was removed or access was disabled.
- Adequate information by which DEV.ME can contact you (including, your name, mailing address, telephone number, and e-mail address).
- A statement by you, under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement by you that you will consent to the jurisdiction of the Federal District Court for the judicial district that your address is located (or if you reside outside the USA, for any judicial district in which the website may be found) and that you will accept service of process from the person (or that person’s agent) who provided DEV.ME with the Notice of Infringement at issue.
DEV.ME’s designee to receive Counter-Notifications is the Designated Agent listed above.
Please note that the DMCA allows DEV.ME to restore the removed content if the party filing the original Notice of Infringement does not file a court action against you within ten (10) to fourteen (14) business days of receiving the copy of your Counter-Notification. You should also be aware that if you knowingly and materially misrepresent that the material on the website served or hosted by DEV.ME was removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is DEV.ME’s policy, in certain circumstances and in its sole discretion, to disable and/or terminate the accounts of customers who are repeat infringers upon the copyrights or other intellectual property rights of others.