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DMCA

What is the (DMCA)?

The Digital Millennium Copyright Act (DMCA) creates a standardized process for copyright holders (including software developers) to ask Jack Rabbit/its distributors to take down infringing content. You can find more information about the DMCA at the U.S. Copyright Office's official website.

As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. Our guides are NOT legal advice and shouldn't be taken as such.

Before You Start

Tell the Truth. The DMCA requires that you swear to the facts in your notice of infringement under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration. (See U.S. Code, Title 18, Section 1621). Submitting false information could also result in civil liability—that is, you could get sued for money damages.

Investigate.

Filing a DMCA notice of infringement against such is a serious legal allegation that carries real consequences for real people. Because of that, we ask that you conduct a thorough investigation and consult with an attorney before submitting a takedown request to make sure that the use isn't actually permissible.

Ask Nicely First.

A great first step before sending us a takedown notice is to try contacting the user directly.

No Bots.

You should have a trained professional evaluate the facts of every takedown notice you send. If you are outsourcing your efforts to a third party, make sure you know how they operate, and make sure they are not using automated bots to submit notices in bulk. These notices are often invalid and processing them results in needlessly taking down content.

No Response Is a Response.

If we respond to your request and you don't get back to us within 30 calendar days your request will be thrown out as a bot notice.

You May Receive a Counter Notice.

Any user affected by your takedown notice may decide to submit a counter notice. If they do, we will re-enable the content within 14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on Jack Rabbit.

Jack Rabbit/Its Distributors Isn't The Judge!

Jack Rabbit exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

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