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THE COMMON READER: SECOND SERIES |
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DMCA NOTICE From:
Crippen, Trevor <Trevor.Crippen@hmhpub.com>
Date: November 4, 2009
Designated Agent Ralph Nader Library To whom it may concern, I, the undersigned, state UNDER PENALTY OF PERJURY that * I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights ("IP Owner"); * I have a good faith belief that the electronic file identified below (by title and URL) contains materials that are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner's rights; and * The information in this notice is accurate. I May Be Contacted At Names of IP Owners: Houghton Mifflin Harcourt Publishing Company, the estate of Rachel Carson, the estate of George Orwell, the estate of Virginia Woolf Name and Title of Authorized Agent: Trevor Crippen, Intellectual Properties Associate Company: Houghton Mifflin Harcourt Publishing Company Address: 222 Berkeley
Street Work(s) infringed: A ROOM OF ONE’S OWN by
Virginia Woolf. Copyright © 1929 by
Harcourt Brace Jovanovich. Copyright © renewed 1957 by
Leonard Woolf. [
http://www.naderlibrary.com/room.own.toc.htm ] DMCA COUNTERNOTIFICATION As required by 17 USC §512(g)(3), I hereby declare under penalty of perjury that I have a good faith belief that the materials previously located at [
http://www.naderlibrary.com/room.own.toc.htm ] were identified for removal in response to a mistake. The mistake was as follows. None of these books were being infringed. They were available to Library Visitors to the American Buddha Online Library (ABOL) located at www.NaderLibrary.com, whose use thereof is for individual study and research use, pursuant to the library exemption from copyright infringement liability under 17 USC § 108. ABOL posts the following required library notice prominently in the library: The American Buddha Online Library ("ABOL") is a project of American Buddha, an Oregon religious non-profit corporation dedicated to the dissemination of literary and artistic cultural treasures in digitally available form. When an ABOL member requests to view any HTML document that is in the ABOL archive, ABOL will permit the member to make a copy, that becomes their property, to be stored in the files of the member's computer. The creation of this file is performed within the fair use limitations of 17 U.S.C. 108, which requires that all ABOL members therefore be provided this notice, pursuant to 37 C.F.R. 201.14: The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research.'' If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use,'' that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law. ABOL does not provide digital files of copyrighted works for download, and is deliberately put into a format that, while easy to read, is cumbersome to copy. ABOL’s HTML-only format seeks to frustrate piracy while maximizing the utility of literary and other media works. Finally, server records confirm that ABOL is accessed by a large number of educational institutions and for times and periods consistent with limited fair use. ABOL is operated by American Buddha, an Oregon nonprofit corporation. American Buddha consents to the jurisdiction of the Federal District Court for the District of Arizona, and will accept service of process from the person who provided the original notification under subsection 17 USC 512(c)(1)(C). November 9, 2009 |