Home      Site Map      Library Copyright Notice      Bulletin Board      Site Search

THE COMMON READER:  SECOND SERIES

DMCA NOTICE

From: Crippen, Trevor <Trevor.Crippen@hmhpub.com>
Date: Wed, Nov 4, 2009 at 1:10 PM
Subject: DMCA NOTICE
To: "chas@charlescarreon.com" <chas@charlescarreon.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
City, State, and Zip: Boston, Massachusetts 02116
Email address: trevor.crippen@hmhpub.com
Telephone: 617-351-5248
Fax: 617-351-1125

The following links contain, in full or in significant part, the text of the books listed below, published in the United States by Houghton Mifflin Harcourt Publishing Company (previously Houghton Mifflin Company, Harcourt, Inc, Harcourt Brace & Company, Harcourt Brace Jovanovich).  These works may not be reproduced in such a fashion without the expressed written consent of the rightsholders and publishers.

Please act expeditiously to remove the files at the locations listed below.
_______________________________________________________________________

Work(s) infringed:

A ROOM OF ONE’S OWN by Virginia Woolf.  Copyright © 1929 by Harcourt Brace Jovanovich.  Copyright © renewed 1957 by Leonard Woolf.
BETWEEN THE ACTS by Virginia Woolf.  Copyright © 1941 by Harcourt, Inc.  Copyright © renewed 1969 by Leonard Woolf.
THE COMMON READER, FIRST SERIES by Virginia Woolf.  Copyright © 1925 by Harcourt, Inc.  Copyright © renewed 1953 by Leonard Woolf.
THE COMMON READER, SECOND SERIES by Virginia Woolf.  Copyright © 1932 by Harcourt, Inc.  Copyright © renewed 1960 by Leonard Woolf.
THE DEATH OF THE MOTH AND OTHER ESSAYS by Virginia Woolf.  Copyright © 1942 by Harcourt Brace & Company.  Copyright © renewed 1970 by Marjorie Parsons, Executrix.
POLITICS AND THE ENGLISH LANGUAGE by George Orwell.  Copyright © 1945 by George Orwell.
A CLERGYMAN’S DAUGHTER by George Orwell.  Copyright © 1936 by the Estate of Sonia B. Orwell.
ANIMAL FARM by George Orwell.  Copyright © 1945 by Harcourt Brace Jovanovich, Inc.  Copyright © renewed 1973 by Sonia Orwell.
COMING UP FOR AIR by George Orwell.  Copyright © 1939 by George Orwell.
KEEP THE ASPIDISTRA FLYING by George Orwell.  Copyright © 1936 by George Orwell.
HOMAGE TO CATALONIA by George Orwell.  Copyright © 1938 by George Orwell.
BURMESE DAYS by George Orwell.  Copyright © 1934 by George Orwell.  Copyright © renewed 1962 by Sonia Pitt-Rivers.
DOWN AND OUT IN PARIS AND LONDON by George Orwell.  Copyright © 1933 by George Orwell.  Copyright © renewed 1961 by S. M. Pitt-Rivers.
THE ROAD TO WIGAN PIER by George Orwell.  Copyright © 1937 by George Orwell.
NINETEEN EIGHTY-FOUR by George Orwell.  Copyright © 1949 by Harcourt Brace Jovanovich, Inc.  Copyright © renewed 1977 by Sonia Brownell Orwell.
SILENT SPRING by Rachel Carson.  Copyright © 1962 by Rachel Carson.  Copyright © renewed 1990 by Roger Christie.  Introduction copyright © 2002 by Linda Lear.  Afterword copyright © 2002 by Edward O. Wilson.

URL/Locations:

[ http://www.naderlibrary.com/room.own.toc.htm ]
[ http://www.naderlibrary.com/betweenacts.toc.htm ]
[ http://www.naderlibrary.com/commonreader1.toc.htm ]
[ http://www.naderlibrary.com/commonreader2.toc.htm ]
[ http://www.naderlibrary.com/deathmoth.toc.htm ]
[ http://www.naderlibrary.com/orwell.politicsenglishlang.htm ]
[ http://www.naderlibrary.com/orwell.clergymandaughter.htm ]
[ http://www.naderlibrary.com/animalfarm.toc.htm ]
[ http://www.naderlibrary.com/orwell.comingupair.toc.htm ]
[ http://www.naderlibrary.com/orwell.apidistrafly.htm ]
[ http://www.naderlibrary.com/orwell.homagecatalonia.htm ]
[ http://www.naderlibrary.com/orwell.burmesedays.htm ]
[ http://www.naderlibrary.com/down.out.1.orwell.htm ]
[ http://www.naderlibrary.com/orwell.roadwiganapier.htm ]
[ http://www.naderlibrary.com/1984BOOK.htm ]
[ http://www.naderlibrary.com/lit.silentspring.toc.htm ]

Truthfully,

/S/: Trevor Crippen, Houghton Mifflin Harcourt Publishing Company


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 ]
[ http://www.naderlibrary.com/betweenacts.toc.htm ]
[ http://www.naderlibrary.com/commonreader1.toc.htm ]
[ http://www.naderlibrary.com/commonreader2.toc.htm ]
[ http://www.naderlibrary.com/deathmoth.toc.htm ]
[ http://www.naderlibrary.com/orwell.politicsenglishlang.htm ]
[ http://www.naderlibrary.com/orwell.clergymandaughter.htm ]
[ http://www.naderlibrary.com/animalfarm.toc.htm ]
[ http://www.naderlibrary.com/orwell.comingupair.toc.htm ]
[ http://www.naderlibrary.com/orwell.apidistrafly.htm ]
[ http://www.naderlibrary.com/orwell.homagecatalonia.htm ]
[ http://www.naderlibrary.com/orwell.burmesedays.htm ]
[ http://www.naderlibrary.com/down.out.1.orwell.htm ]
[ http://www.naderlibrary.com/orwell.roadwiganapier.htm ]
[ http://www.naderlibrary.com/1984BOOK.htm ]
[ http://www.naderlibrary.com/lit.silentspring.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
Tara Carreon
Director, American Buddha

Go to Next Page