Copyright infringement and Lycos

This is how Lycos protects your intellectual rights.

In june 2005, I informed Lycos that one of their customers had copied (on this page) an entire sequence of webpages (this page and following ones) from my website, carefully removing only the lines that had the copyright information. A few of my readers had informed me of this. If my readers can see that this page is a copy of mine, I thought that Lycos could see the same. Lycos instead responded with the attached message. Basically, Lycos makes it so difficult for you to prove that someone has "stolen" a page from your website that you will simply give up. Note that Lycos sent me (the victim) this very elaborate message, but did not send a very simple message to the thief asking him/her a simple question: "Did you copy that page from somewhere?" Lycos does not invest a single second trying to figure out if someone has abused the system. Since then, I have found more than ten Lycos/Tripod pages that are copied from my pages: Lycos expects me to spend my entire life filling forms like this one each and every time some user of Lycos infringes my copyrights. This shows clearly on which side Lycos is.

I am writing in response to your e-mail regarding content hosted through Lycos on one of our free homepage services. You should understand that the content to which you have referred have has been stored on the Lycos system solely at the direction of a Lycos user and has not been initially reviewed, monitored, or edited by Lycos employees. Lycos users bear sole responsibility for such material, and Lycos Inc. has no knowledge of the specific contents of member directories.

Lycos Inc. fully complies with all intellectual property laws. In particular, when the owner of an exclusive right is concerned that this right is infringed by material placed on a provider's system or network by a subscriber of that provider the Digital Millennium Copyright Act ("DMCA") provides certain procedures to ensure that infringing materials are removed without wrongfully injuring the subscriber or unduly burdening the provider. In such instances, the owner of an exclusive right should send to the provider a notification containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Precise identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material including exact URL's and references to specific files.

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and , if available, and electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use the of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right is allegedly infringed.

You have not provided all of the information required above. If you are able to provide the missing information, please submit an appropriate notification meeting all of the above requirements to Lycos Inc.'s registered agent for receiving such notifications:

Registered Copyright Agent Lycos Inc. 100 5th Avenue Waltham, MA 02451 Facsimile: (781)-466-7000 Email Address: copyright@lycos-inc.com

Upon receipt of a proper notification, Lycos Inc. will respond expeditiously to remove or disable access to the materials properly identified in the notification. Lycos Inc. will provide a copy of the notification to the subscriber and give the subscriber an opportunity to respond.

This letter is written without prejudice to any right, remedy, or defense that Lycos Inc. may have which has not been asserted in this letter. All such rights, remedies, and defenses are expressly reserved. If you have any questions about this letter, please do not hesitate to contact Lycos Inc's registered agent. For legal advice, you should consult an attorney.

Sincerely,