Author Topic:  Kokoro Cafe DMCA Policy  (Read 436 times)

kokoro-cafe

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on: February 25, 2017, 11:35:57 PM
Information for Copyright Holders

Kokoro Cafe is a forum dedicated to otome gaming and all matters related to the heart. Our mission is to try to compile and provide information on the latest and best otome games available in English, Japanese, and Chinese. We deeply respect and appreciate the work of otome game developers—without you, this community would not exist.

Likewise, we respect the privacy of our users, and strive to provide a safe, welcoming environment for our users to discuss otome gaming and matters of the heart in general. In addition to an online forum, we provide our users with the capability to upload walkthroughs detailing their personal experiences playing otome games.

Generally, we believe that the discussions, walkthroughs and other materials posted by our users pertaining to otome games help game developers by drawing attention to their work and helping to drive up purchases/downloads of their games. However, Kokoro Cafe recognizes that sometimes copyright holders (mainly game developers) and our users may come into conflict regarding content posted by our users. Therefore, in an attempt to balance the rights and interests of game developers and our users, and to comply with the law, we have established the following policy with regard to claims of copyright infringement over user-posted content:

Kokoro Cafe complies with the Digital Millennium Copyright Act (DMCA). If you find content on our site which you believes infringes one of your copyrights, we will respond promptly to a valid DMCA complaint. In order to be valid, your complaint must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our site are covered by a single notification, a representative list of such works on our site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider, Kokoro Cafe, to locate the material. (Providing us with URLs leading directly to the allegedly infringing content is the easiest way to do this).
  • Information reasonably sufficient to permit the service provider, Kokoro Cafe, to contact you, such as an address, telephone number, and, if available, an e-mail address at which the you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once we receive a valid DMCA complaint, we will attempt to contact the person who posted the content you reported, providing the copyright owner's name, your e-mail address, and the details of your report. After making a good faith effort to contact the person who posted the content, we will normally remove the content subject to applicable laws. We may replace the removed content with a notice containing the copyright holder's name and a copy of your report of infringement.

Please note that a copyright infringement claim is not to be made lightly, and that any person who knowingly materially misrepresents that material or activity is infringing may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation. In the United States, for example, robust “fair use” protections limit the exclusive rights of copyright holders.


Information for Users Who Have Had Content Removed

Under the DMCA, the person who posted the allegedly infringing content may submit a counter notification to Kokoro Cafe within 10 days of receiving our notice of a DMCA complaint. In order to be valid under the DMCA, a counter notification must contain the following information:

  • A physical or electronic signature of the subscriber.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider, Kokoro Cafe, may be found, and that the subscriber will accept service of process from the person who made a complaint of copyright infringement or its agent.

If we receive a counter notification from the alleged infringer, we will forward the full text of the counter notification to the copyright holder. The copyright holder will then have 10 business days to provide Kokoro Cafe with evidence that it has initiated a lawsuit against the alleged infringer in order to keep the allegedly infringing content down. If we do not receive evidence that the copyright holder has initiated court action to keep the allegedly infringing content down, we may reinstate access to the content we removed pursuant to the DMCA complaint.


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