Copyright notice and counter-notice process for Stackle services

1. Introduction

This Digital Millennium Copyright Act policy applies to the stacklehq.com website and any related Stackle products and services. It explains how Stackle addresses copyright infringement notifications and how users may submit a complaint about allegedly infringing material.

Protection of intellectual property is treated as important to Stackle, and users and their authorised agents are expected to take that seriously as well.

Stackle states that it will respond expeditiously to clear notifications of alleged copyright infringement that comply with the United States DMCA of 1998.

2. What to consider before submitting a copyright complaint

Anyone who is unsure whether the material they are reporting is actually infringing may wish to consult an attorney before filing a notification.

It also states that Stackle may, at its discretion or where required by law, share a copy of a notification or counter-notification with third parties. That may include the account holder involved in the allegedly infringing activity or publication of the notice itself.

Users concerned about their personal information being forwarded are told that they may wish to engage an agent to report infringing material on their behalf.

3. Notifications of infringement

A DMCA complaint is described as the start of a pre-defined legal process. Submitted complaints are reviewed for accuracy, validity, and completeness before Stackle responds.

Possible responses described on the page include removing or restricting access to allegedly infringing material and permanently terminating the accounts of repeat infringers. The policy also states that Stackle may require a court order from a court of competent jurisdiction before taking action, where Stackle decides that is necessary.

If material is removed or access is restricted in response to a notification, Stackle states that it will make a good-faith effort to contact the affected user with information about the action taken, which may include a full copy of the notification and instructions for filing a counter-notification.

4. Counter-notifications

A user who receives a copyright infringement notification may submit a counter-notification under the relevant provisions of the US Copyright Act. Receipt of a notification means the identified material has been removed from the services or access to it has been restricted.

The policy says that a counter-notification must be submitted in writing and must comply with the relevant DMCA requirements. It also recommends obtaining legal advice before filing one where there is uncertainty about infringement, mistake, or misidentification.

The policy reserves the right for the operator to take no action upon receipt of a counter-notification. If Stackle receives a compliant counter-notification under 17 U.S.C. § 512(g), it may forward that notice to the person who filed the original notification.

The process described in the policy does not limit Stackle's ability to pursue any other remedies it may have to address suspected infringement.

5. Changes and amendments

Stackle reserves the right to modify the policy or its terms relating to the website and services at any time in its discretion. When changes are made, the updated date at the bottom of the page is revised and notice may also be provided in other ways, including through the contact information a user has provided.

An updated version of the policy becomes effective immediately when posted, unless another effective date is specified. Continued use of the website and services after that point constitutes consent to the changes.

6. Reporting copyright infringement

Anyone seeking to notify Stackle of allegedly infringing material or activity should use the contact details provided here.

The contact email for copyright notices is admin@stacklehq.com. The policy notes a last updated date of August 13, 2021.