[cc-community] Creative Commons Take Down Notice
David Lewis
davidrobertlewis at yahoo.co.uk
Fri Jan 16 06:44:05 EST 2009
Dear Creative Commons Community,
I have just received word from Bretton Vine of the ISPA secretariat in South Africa that they have complied with my request and enforced the by-nc-nd license conditions by removing material under license from a site owned by the Mail and Guardian. This must rate as a first in the country and I dare say, a relevent and well-thoughtout use of the often maligned service provider 'take down' notices which for obvious reasons can cause a lot of trouble if they are misused. I urge you all to do likewise in enforcing the Creative Commons licensing system, and to limit outright theft of creative material.
Regards
David Robert Lewis
My correspondence is below.
Dear Bretton,
Thank you so much. I feel a lot better now, knowing that somebody on Amagama side deleted the account as per the original agreement with Vince Maher some 12 months after the fact and am grateful to ISPA for enforcing the Creative Commons by-nc-nd http://creativecommons.org/licenses/by-nc-nd/2.5/za/ ; licence. I will be reporting back to Creative Commons directly and to
board member Joi Ito personally. The only way Creative Commons is going
to get anywhere in South Africa is if there is strong support from
service providers. I urge you to examine the license in particular the
non-commercial, no-derivatives section. I guess one can see this as a
bit of history unfolding in cyberspace,
Thanks once again,
David Robert Lewis.
________________________________
From: ISPA Complaints <complaints at ispa.org.za>
To: davidrobertlewis at yahoo.co.uk
Cc: complaints at ispa.org.za
Sent: Thursday, 15 January, 2009 10:23:45
Subject: Confirmation of content removal: TDN.#81: IS, M&G Media (amagama.com)
Dear David,
You recently submitted the attached take-down request to the Internet
Service Provider's Association (ISPA), and the request was forwarded on
to the service provider concerned.
ISPA has been informed by the service provider that the content has been
removed, and we have confirmed that this is the case. This message
serves as notification that your take-down request has been processed,
and that we now consider this matter to be closed.
(refer attached screenshot)
Should you have any questions regarding this process please feel free to
contact us via the contact details listed on the following page:
http://www.ispa.org.za/code/how_to_request_takedown.shtml
regards
Bretton Vine
ISPA Secretariat
The Internet Service Providers' Association
http://www.ispa.org.za | complaints at ispa.org.za
---------------------------------------------------------------------------
Take-Down Notice TDN.#81 (lodged via the ISPA website):
---------------------------------------------------------------------------
name:
David Robert Lewis
Address:
PO Box 4398, Cape Town 8000
Telephone:
0214480021
Cellphone:
+27824251454
email:
davidrobertlewis at yahoo.co.uk
NameOfISP:
amagama.com
ProblemActivity:
Spam, Rights Violation, Theft
I started blogging at the M&G blogmark under a Creative Commons licence.
About 24 months ago, a book review of A Secret Burden was deleted
without my permission and user access to the rest of the material was
blocked.
Over two years of my postings then migrated to Amagama without bothering
to consult me. The creative commons license was replaced without
notification with another license scheme under "terms and conditions"
and Amagama proceeded to sell hits and page impressions to advertisers
without my permission.
Despite numerous phonecalls and promised by Vince Maher and Mathew
Buckland to
1. Return the work.
2. Remove the work attributed to David Robert Lewis,
nothing has been done to date and the material is still at
davidrobertlewis.amagama.com. I am now being spammed by the site and my
inbox if filling up with crap. I am extremely annoyed.
ProblemDescription:
My rights under the Creative Commons
http://creativecommons.org/licenses/by-nc-nd/2.5/za/ have been violated.
I started blogging at the M&G blogmark under a Creative Commons licence.
About 24 months ago, a book review of A Secret Burden was deleted
without my permission and user access to the rest of the material was
blocked.
Over two years of my postings then migrated to Amagama without bothering
to consult me. The creative commons license was replaced without
notification with another license scheme under "terms and conditions"
and Amagama proceeded to sell hits and page impressions to advertisers
without my permission.
Despite numerous phonecalls and promised by Vince Maher and Mathew
Buckland to
1. Return the work.
2. Remove the work attributed to David Robert Lewis,
nothing has been done to date and the material is still at
davidrobertlewis.amagama.com. I am now being spammed by the site and my
inbox if filling up with crap. I am extremely annoyed.
RemedialAction:
Please remove all material under licence from the amagama.com site.
goodfaith:
The above information is to my knowledge, true and correct and has been
provided in good faith
________________________________
From: David Lewis <davidrobertlewis at yahoo.co.uk>
To: cc-community at lists.ibiblio.org
Sent: Thursday, 8 January, 2009 14:55:49
Subject: [cc-community] Creative Commons Take Down Notice
CC Comrades,
I started blogging at the M&G Blogmark under a CC non-commercial, attrib, no-derivs licence. Then 24 months ago a review of a Secret Burden was deleted without permission, user-access was blocked and two-years of material simply migrated to Amagama.com under a different licence scheme where it was used for advertising purposes. I tried to resolve the matter but could not get anyone on the same page in South Africa as far as CC was concerned.
I have now requested ISPA to issue a take-down notice. The remaining material can still be seen at http://davidrobertlewis.amagama.com, in clear contravention of the no-derivs licence.
Will keep everybody posted as events unfold.
David Robert Lewis
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