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Limited Right to Post Content on the Site’s Blog
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From time to time we permit the postings of guest bloggers to appear on The Icahn Report. The posting of such material does not necessarily reflect the opinion of The Icahn Report, Icahn or Mr. Icahn nor does it reflect or constitute the agreement of The Icahn Report, Icahn or Mr. Icahn with the matters set forth in any such posting. All such guest postings are the statements of the guest blogger who are solely responsible for the contents of such postings.
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The Icahn Report Website DMCA Policy
Procedure for Submitting a Copyright Infringement Claim
Icahn Blog LLC (“Icahn”) is registered under the Digital Millennium Copyright Act of 1998 (“DMCA”) (See 17 U.S.C. §512). Under the DMCA, copyright owners have the right to notify Icahn if they believe that a poster to the Icahn blog has infringed the copyright owner’s work(s). If you believe that an Icahn blog poster has copied your work in a way that constitutes copyright infringement, you may file a Notification of Claimed Infringement with our designated DMCA agent. The DMCA provides the following procedure for parties to follow who wish to file a Notification of Claimed Infringement with Icahn.
To serve a Notification of Claimed Infringement on Icahn or any affiliated entities, send your Notification to:
Address to which Notification should be sent:
Attn: DMCA Agent c/o Research Director
Icahn Blog LLC
767 Fifth Avenue, Suite 4700
New York, New York 10153
To be effective under the DMCA, the Notification of Claimed Infringement must be a written communication provided to Icahn’s designated agent and 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 at a single online site are covered by a single Notification, a representative list of such works at that 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 the infringing IP address, time, date and the time zone to permit Icahn to locate the material.
- Information reasonably sufficient to permit Icahn to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in 1 through 6 above, Icahn will notify the customer of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on an Icahn domain. No personal, customer information is shared with the copyright owner unless required by law.
If Icahn receives more than one Notice of Copyright Infringement on the customer’s part, the customer may be deemed a ‘repeat copyright infringer.’ Icahn reserves the right to terminate the accounts of ‘repeat copyright infringers.’
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Icahn’s designated agent.
To be effective, a Counter-Claim must be a written communication provided to Icahn’s designated agent and must include 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 may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a DMCA Counter-Claim, Icahn will provide the complaining party with a copy of the DMCA Counter-Claim. When Icahn receives a Counter-Claim that meets the requirements of the DMCA, Icahn will process the Counter-Claim in accordance with the requirements of the DMCA.