AMERICAN BUDDHA ONLINE LIBRARY'S DMCA COUNTERNOTIFICATION TO DANIEL HOPSICKER "WELCOME TO TERRORLAND," DATED 1/29/07

AMERICAN BUDDHA STRIKES ITS OWN BLOW FOR INTERNET FREE SPEECH IN KATHLEEN PARKER DUST-UP (AMERICAN BUDDHA VS. CITY OF ASHLAND, OREGON)

See PDF here

See PDF here

American Buddha Online Library

1131 Barrington Circle

Ashland, Oregon 97520

541/292-3104

ambu@american-buddha.com

http://www.american-buddha.com

DMCA COUNTERNOTIFICATION

As required by 17 USC §512(g)(3), I hereby declare that I have a good faith belief that the material previously located at http://www.american-buddha.com/911.welcometoterrorlandhopsicker.htm that was removed from the Internet on January 26, 2007 was identified for removal in response to a mistake.  The mistake was as follows.  Mr. Hopsicker’s book was not being infringed. It was available only to members of the American Buddha Online Library (ABOL), who pledge to use the works in ABOL solely for individual study and research, pursuant to the library exemption from copyright infringement liability under 17 USC § 108.  ABOL posts the following required library notice as part of its membership agreement and elsewhere 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 is a members-only system, whose members all pledge not to infringe materials from the library.  ABOL has implemented secure methods of content delivery to frustrate piracy while maximizing the utility of literary and other media works.  Finally, server records confirm that the ABOL is accessed by a large number of educational institutions.

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 Oregon, and will accept service of process from the person who provided the original notification under subsection 17 USC 512(c)(1)(C).

Pursuant to 28 USC § 1746(2), I declare that the foregoing is true and correct under penalty of perjury under the laws of the United States of America.

January 29, 2007

/signed/Tara Carreon

Tara Carreon

Director, American Buddha

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