|
AMERICAN BUDDHA STRIKES ITS OWN BLOW FOR INTERNET FREE
SPEECH IN KATHLEEN PARKER DUST-UP (AMERICAN BUDDHA VS. CITY OF ASHLAND,
OREGON)
CITY OF ASHLAND REJECTS AMERICAN BUDDHA'S
FIRST SETTLEMENT PROPOSAL
SEE PDF HERE
CHARLES CARREON (OSB: 93469)
Online Media Law, PLLC
1131 Barrington Circle
Ashland, Oregon 97520
Tel: 541/840-2798
Attorney for
Plaintiff American Buddha
UNITED STATES
DISTRICT COURT
DISTRICT OF OREGON
AMERICAN BUDDHA,
an Oregon Nonprofit Corporation,
Plaintiff,
vs.
THE CITY OF ASHLAND AND THE WASHINGTON POST COMPANY,
Defendants.
Case No.:
1:06-cv-3054
STIPULATED ORDER BY DEFENDANT CITY
OF ASHLAND
STIPULATION
It is hereby stipulated, by and between Plaintiff American Buddha and
Defendant The City of Ashland, through their undersigned counsel, as
follows:
1.The City of Ashland has adopted a Digital Millennium Copyright Act
Policy, in the form attached as Exhibit A hereto, that shall (a) be
adopted as the official policy of the City of Ashland by City Attorney
Mike Frannel, and (b) be posted at an appropriate location at
www.ashlandfiber.net.
2.American Buddha hosts a website and the members-only American Buddha
Online Library at www.american-buddha.com that operates under the
Library Exemption to copyright liability established under 17 U.S.C. §
108;
3.The City of Ashland acknowledges the applicability of 17 U.S.C. § 108
to the online activities of American Buddha at www.american-buddha.com,
and based thereon, shall take the following action upon receipt of any
notice alleging a violation of copyright by the publication of
copyrighted works at www.american-buddha.com:
a. The City of Ashland will promptly notify the complaining party of the
legitimate library status of the American Buddha Online Library and
forward a copy of this Order in PDF format to the complaining party;
b. If the complaining party persists in claiming a DMCA violation on the
part of the American Buddha Online Library, the City Attorney for the
City of Ashland will personally review the notice to determine that it
is a proper DMCA notice, in compliance with all requirements of 17 USC §
512(c);
c. If the requirements of 17 USC § 512(c) are satisfied by the notice,
the City Attorney for the City of Ashland shall immediately forward the
DMCA notice to American Buddha’s undersigned counsel Charles Carreon via
email to chas@charlescarreon.com and shall confirm his receipt thereof
by a telephone call to Mr. Carrreon at 541-840-2798, or such other
number as he shall from time to time designate to the City Attorney;
d. The City of Ashland will permit the American Buddha Online Library 78
hours from confirmed receipt of actual notice of the DMCA notice to
provide a counter-notice;
e. The City Attorney of the City of Ashland shall determine in writing
and notify Mr. Carreon at chas@charlescarreon.com whether the American
Buddha Online Library counter-notice is an adequate response to the DMCA
notice and shall take no action to disable content at
www.american-buddha.com;
f. If the City Attorney notifies Mr. Carreon that the counter-notice has
been insufficient to rebut the allegations of the DMCA notice, it shall
accord the American Buddha Online Library the additional period of 78
hours (excluding holidays and weekends), to file an action in this or
any other United States District Court, and pending the resolution of
said action, or a court order directing disablement of the allegedly
infringing content, shall take no action to impair the operation of the
www.american-buddha.comwebsite, or the accounts and services supporting
it.
4.This Court shall retain jurisdiction of this matter for purposes of
enforcing this Order, and any future proceedings for such purposes shall
either be made under the original case number, or shall indicate that
this is a related case.
Dated: January 24, 2007
By: ___________________________
Karen O’Kasey
Attorney for the City of Ashland
Dated: January 24, 2007
By: ___________________________
CHARLES CARREON (93469)
Attorney for Plaintiff American Buddha
ORDER
Pursuant to the stipulation of the parties, it is SO ORDERED.
Return to Table of Contents
|