Copyright Notice and Takedown Policy
How to report copyright infringement, what a notice must contain, and what happens when one arrives. Linked as "DMCA" because that is the process it follows.
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Catatan: Dokumen ini hanya tersedia dalam bahasa Inggris, dan teks bahasa Inggris itulah yang berlaku.
What this policy is, and what it is not
This is a voluntary notice and takedown procedure. It is modelled closely on the process in the United States Digital Millennium Copyright Act, because that process is well understood by rights holders and works, but it is offered as a matter of practice rather than under a statute. To be explicit about what is not being claimed: the operator is in Pakistan, has not designated an agent with the US Copyright Office, and therefore does not claim the section 512 safe harbour and is not a "DMCA-compliant service provider" in the statutory sense. Nothing here should be read as such a claim. The distinction does not change what a rights holder should do, and it does not reduce what will be done in response: notices are read, assessed and acted on.
Where to send a notice
Copyright notices go by email to support@orbitexaio.com, addressed to Orbitex, with "Copyright Notice" in the subject line. That is a monitored address and the point from which the timescales below are counted. It is a contact for the voluntary procedure described here; it is not a designated agent under 17 U.S.C. section 512, because no designation has been filed. Email is the only formal route offered - no postal address is published, and a notice sent to any other address on this site may be delayed.
What a notice must contain
Six things, following the DMCA's own list because it is the clearest one available, and a notice missing any of them may not be actionable. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf. Identification of the copyrighted work claimed to have been infringed, or, where a single notice covers several works, a representative list of them. Identification of the material complained of, with information reasonably sufficient to locate it - for this service that means the specific media URL or the platform's own media identifier, since there is no page here hosting a copy to point at. Contact details sufficient to reach you: name, address, telephone number and email address. A statement that you have a good-faith belief the use complained of is not authorised by the copyright owner, its agent, or the law. And a statement that the information in the notice is accurate and that you are the owner of the right concerned or are authorised to act on the owner's behalf.
Notices must be accurate
A takedown notice is a serious assertion, not a complaint form. Under US law, section 512(f) makes a person who knowingly and materially misrepresents that material is infringing liable for the damages, costs and legal fees that misrepresentation causes, and US courts have held that a rights holder should consider whether the use complained of is a fair use before sending one. Comparable exposure for knowingly false statements exists in most other legal systems, whatever they call it. Notices sent here are treated on the same footing: if you are not certain you hold the rights concerned, or that the use is unauthorised, take advice before sending anything. A pattern of unfounded notices from the same sender will be treated accordingly.
What happens when a notice arrives
A notice is read by a person, not by a filter. You will normally receive an acknowledgement, and the notice will be assessed against the requirements above; if something required is missing you will be told what, so you can send a corrected notice rather than have it silently ignored. Where the complaint is well founded, the action taken is the action technically possible for a service that stores nothing: the identified media identifier or URL pattern is blocked so the service refuses to process it, and where a complaint concerns a class of content or a whole platform, that can be excluded. What cannot be done is deleting a hosted copy, because none exists, or identifying the people who requested the media, because no record links a person to a download. Nothing on this page commits the operator to a step it cannot carry out. Material hosted on the source platform should also be reported to that platform, which is the only party able to remove it at source.
Counter-notices
If access to material was blocked as a result of a notice and you believe that was a mistake or a misidentification, you may send a counter-notice to the same address. The requirements follow the DMCA's counter-notice provisions, which this procedure adopts voluntarily: your signature; identification of the material that was blocked and where it appeared before it was blocked; a statement that you have a good-faith belief it was blocked as a result of mistake or misidentification; and your name, address and telephone number, together with a statement that you will accept service of process from the person who sent the original notice. A copy of a valid counter-notice is passed to the original complainant. If they do not confirm within ten business days that they have started proceedings, access may be restored, ordinarily between ten and fourteen business days after the counter-notice is received. The accuracy warning above applies to counter-notices exactly as it applies to notices. Send them to support@orbitexaio.com.
Repeat infringers
Access will be restricted, in appropriate circumstances, for people who repeatedly use the service to infringe. What that means in practice is shaped by there being no accounts: there is nothing to close and no identity to ban. The measures actually available are blocking the media identifiers and URL patterns that are the subject of upheld notices, and restricting access from a network address or range where abuse persists and can be identified. Where a pattern of infringing use attaches to a particular source or class of content, that content can be excluded from the service entirely.