Notes

given the below criteria:

Overview

The AWS Trust & Safety team receives and processes reports of copyright or trademark infringements relating to content hosted on the AWS network. These are handled as DMCA or Copyright (Non-DMCA) abuse cases according to the policies outlined below and forwarded to the AWS customers that own the hosting resources for them to address.

This wiki's purpose is to provide guidance to Trust and Safety Specialists vetting unclassified copyright/trademark cases. Associates will still work these as per normal according to their wiki's for escalating copyright cases and once vetted for classifying and working the classified cases.
Recorded Training Session

Recorded Training Session featuring Example cases

Refresher Training

Counter Notice Vetting - DMCA

Vetting for Counter Notices should be done only for ES customers by the ES team. If you receive a counter notice that requires review for an ES customer, please escalate to the ES team. Vetting steps for the ES team can be found here

Any counter notices received by the team for regular customers should follow the same workflow, by escalating to the copyright team for vetting.

A Brief Overview of Copyright and Trademark
Copyright

Protects original works of authorship, such as videos, movies, songs, books, musicals, video games, sculptures, paintings, software and photos, for example:

copyright.png


Trademark

A word, phrase, symbol, and/or design that identifies and distinguishes the brand or source of the goods such as a logo, symbol, word/phrase or design. Counterfeit products fall under trademark

trade.png


Safe Harbors, the DMCA, and AWS

Section 512 of the United States Digital Millennium Copyright Act contains limitations on liability—referred to as safe harbors— for four types of online service providers. The safe harbors shield qualifying online service providers such as AWS from monetary liability for copyright infringement based on the actions of their users, in exchange for cooperating with copyright owners to expeditiously remove infringing content and meeting certain conditions.

Note that the DMCA covers copyrights, not trademarks. AWS works to expeditiously remove infringing copyrighted content to maintain safe harbor protections.
Copyright Cases

DMCA Definition: “DMCA” is an acronym for the “Digital Millennium Copyright Act.” It is a US copyright law and applies to US copyright claims only. It allows copyright holders or their authorized representative(s) to submit claims to third-party service providers and request that copyrighted materials be removed if they are used without authorization. The DMCA removes the necessity for service providers like AWS to determine if a copyright claim is right or wrong substantively; as long as each of the things the DMCA requires for a notice is present, we process the notice. Note: Claims and Notices of copyright infringement are synonymous
Valid DMCA Processing Requirements

To process an AWS claim for copyright infringement under the DMCA we require the following 5 notice elements outlined below. A valid notice must contain all of the following:

A description of the copyrighted work that the reporter claims has been infringed upon.
The description should contain sufficient details to allow the customer to identify the content at issue.
Example: A written description of the work such as a photograph, the title of the work, specific text, etc.
A description of where the material that the reporter claims is infringing is located on the site.
Example: A URL that directs to the described work.
Reasonably sufficient contact information for the reporter.
(Minimum requirements = name and e-mail address).
A statement by the reporter that they have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
The statement must contain the words “a good-faith belief”.
The statement needs to contain any text indicating the usage is not authorized.
A statement by the reporter, made under penalty of perjury, that the information in the notice is accurate and that they are the copyright owner or authorized to act on the copyright owner's behalf.
The statement must to contain the word “perjury”.
The statement needs to include any text indicating they acknowledge the penalty of committing perjury.
The statement needs to include any text indicating the notice is accurate.

Counterfeit products fall under trademark, not as DMCA.
Counterfeit products fall under trademark, not as DMCA.
Trademark Cases

To process an AWS claim for trademark, we only require that the reporting party:

Identify the trademark or offending content which they claim is being infringed upon.
Ex) Product name, logo, wordmark, etc.
Identify with sufficient clarity where the trademark or offending content is located on AWS.
Direct URLs to the offending content is preferred.
Domain names are not normally sufficient unless the trademarked content is readily identifiable when viewing the website.
Ex) A product matching the trademark described is present when the domain is viewed.
If the domain name itself is the basis of the claim (not the content on the domain) AND the domain is parked for sale – this is considered Cybersquatting.
Ex) Instagramfollowers.com
If the domain name itself is a close match to the trademark described but has an obvious typo AND is parked for sale – this is considered Typosquatting.
Ex) Facebok.com
For both cybersquatting and typosquatting – Use the cybersquatting blurb – It directs claimants to ICANN for resolution.
If the domain is NOT parked for sale but allegedly infringes upon a trademark within the domain name itself, treat as a standard trademark claim and use the standard trademark wording.
This means any notice relating to a domain that may or may not be parked and NOT offered for sale. It also includes when the domain is active but has no content: Treat as a standard trademark claim.
Make sure to annotate that complaint is about the domain, not the content so that the TSA does not resolve it as content down.
For domain complaints where the domain itself is a 404 or unreachable : Send “Content Down - Already Gone“ blurb

"Other" Claims (not Copyright or Trademark)

Patent - Type of protection that allows it's owner to exclude others from making, using or selling an invention.
Design Rights - Protects the way a product looks.
Defamation - The action of damaging the good reputation of someone: slander or libel.
Personality Rights - Use of a person's name, image, likeness, or other unequivocal aspects of their identity without authorization.
Registrar often receives requests that a domain name should be suspended or cancelled because the domain name itself violates a trademark (e.g., amazondeals4life.com) even though there is no content on the domain. These complaints are governed by ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) and must be accompanied by a valid and binding legal demand or from an approved dispute-resolution service provider.
Refer to Registrar wiki for more information

Counterfeit products fall under trademark, not as DMCA.


Review below issue and output as `ANS:DMCA` if valid DMCA issue based on above definitions and constraints, and `ANS:NON-DMCA` if not DMCA. If counterfeit is mentioned, output ANS:NON-DMCA.