Copyright or Trademark Infringement/Patent Violation Polices and Procedures

     Allegations of copyright or trademark violations and/or patent infringement are taken very seriously by Rent A Coder. To fully address all such complaints and counter-complaints, our parent company (Exhedra Solutions, Inc.) has a company agent registered with the United States Copyright Office.  Below is full information on how to file either a copyright/patent infringement complaint or a counter-complaint, as well as additional general related policy information.

    Disclaimer: Although we go to great lengths to make sure our legal information is accurate and useful, it is NOT intended as a substitute for the advice of your own competent legal counsel.   

Copyright/Trademark Complaints

    How do I file a copyright/trademark/patent infringement complaint?
    What happens after I file a copyright/trademark/patent infringement complaint?
    What happens if the other party files a counter-complaint?
    Can I find out the identity of the other person/company I'm complaining about?

Copyright Counter Complaints

    How do I file a copyright/trademark/patent infringement counter-complaint?
    What happens after I file a copyright/trademark/patent infringement counter-complaint?

General

     What about repeat copyright/trademark/patent infringement offenders?

How do I file a copyright/trademark/patent infringement complaint?:

   To file a copyright/trademark/patent infringement complaint, please fax or mail us a statement that contains all of the below items.  Please DO NOT email us this information as this is a legal document and it must be received in written format. We also ask that you please send ALL the information below, as omitting information will delay your processing.

1. Your name, address, email address, phone # and fax #(if any).
2. The following statement:
   • (For copyright/trademark infringement): "I swear, under penalty of perjury, that the information in this notification of copyright/trademark infringement is accurate and that I am the copyright/trademark owner (or am authorized to act on behalf of the owner) of an exclusive right that is being infringed.  I have a good faith belief that use of the copyrighted/trademarked materials which I have described fully in the information below is not authorized by the copyright/trademark owner, any of its agents, and the law."
   • (For patent infringement): "I swear, under penalty of perjury, that the information in this notification of patent infringement is accurate and that I am the patent holder (or am authorized to act on behalf of the patent holder) of a patent that is being infringed.  I have a good faith belief that use of the materials which I have described fully in the information below is not authorized by the patent holder, any of its agents, and the law."
   
   
3. The URLs of the infringing materials
4. Any additional information required to identify the copyrighted works. 
5. Your signature.

Then mail or fax it to:

Attn:DMCA Copyright Complaint
14310 North Dale Mabry Hwy
Suite #280
Tampa, FL 33618
USAFax: (813) 960-1495

What happens after I file a copyright/trademark/patent infringement complaint?

   Once the entire information required above is received, Exhedra will remove the content in question, as detailed in the DMCA.  We will then attempt to contact the poster/owner of the content in question that the material has been removed (per DMCA section 512.g.2) to allow them to exercise their rights to file a counter-complaint.

What happens if the other party files a counter-complaint?

  To prevent a party from abusing the complaint process, the DMCA law contains provisions for counter-complaints which Exhedra fully abides by.  If the other party sends us the complete information for a counter-complaint as specified below (which includes a statement under perjury that your original complaint is invalid), you have the right to initiate a lawsuit against them in district court.  Should you decide not to do so within 14 days, the copyright law states that we must restore the original content (per DMCA section 512.g.2.C).  If you do initiate a lawsuit against them, then we will abide by the court's final decision.  As always, you should consult competent legal counsel before pursuing this or any legal action.

Can I find out the identity of the other person/company I'm complaining about?

  Exhedra's privacy policy does not allow us to disclose the identity of site users, unless directed so by court-order or the law.  As such, the safe harbor provisions of the DMCA permit you as a copyright owner or patent holder, to subpoena the identity of the individual allegedly responsible for the infringing activities (under section 512.h).  Such a subpoena is granted on the condition that the information about the individual's identity will only be used in relation to the protection of the intellectual property rights of the copyright owner or patent holder.  If a court issues such a subpoena we will release the information for the purpose above.  As always, you should consult competent legal counsel before pursuing this or any other legal action against the other party.

How do I file a copyright/trademark/patent infringement counter-complaint?

  To prevent a party from abusing the complaint process, the DMCA law contains provisions for counter-complaints which Exhedra fully abides by.  However, filing a counter-complaint has potentially enormous legal ramifications for you, and you should consult competent legal counsel before pursuing this or any other legal action against the other party.

   To file a counter complaint, please fax or mail us a statement that contains all of the below items.  Please DO NOT email us this information as this is a legal document and it must be received in written format. We also ask that you please send ALL the information below, as omitting information will delay your processing.

1. Your name, address, email address, phone #, fax # (if any).
2. The following statement:
   "I swear, under penalty of perjury, that I have a good faith belief that each item identified below was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.  I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (or Hillsborough County, Florida if my address is outside of the United States), and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
3. The URLs of the materials that were disabled or removed.
4. Any additional information required to identify the original copyrighted works.   
5. Your signature.

Then mail or fax it to:

Attn:DMCA Copyright Counter Complaint
14310 North Dale Mabry Hwy
Suite #280
Tampa, FL 33618
USAFax: (813) 960-1495

What happens after I file a copyright/trademark/patent infringement counter-complaint?

    If the copyright/trademark/patent owner does not bring a lawsuit in district court against you with 14 days, we will restore the removed information, per DMCA section 512.g.2.c.  Should the copyright/trademark/patent owner bring a lawsuit against you, we will abide by the court's decision.