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Digital Millennium Copyright Act
Clearwire respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA"). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet or other telecommunications networks.
As a provider of transitory digital communications, Clearwire's activities are protected by the safe harbor provision of the DMCA (see 17 U.S.C. 512 (a)). Clearwire is therefore not obligated to respond to a copyright owner (or the owner's agent) nor does Clearwire have a duty to remove or disable access to material transmitted, routed or connected to the Clearwire network(s) that is initiated and/or directed by an individual user.
If you believe that Clearwire has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to our Copyright Agent. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512(c)(3)). In addition, the notice should include the basis for your belief that Clearwire is not merely providing transitory digital communications under 17 U.S.C. 512(a) of the DMCA:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- 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 that is allegedly infringed.
NOTE: The Clearwire Copyright Agent should only be contacted with respect to copyright-infringement matters. The Clearwire Copyright Agent will not respond to general inquiries.
Clearwire Copyright Agent
6391 Sprint Parkway
Overland Park, KS 66251
Phone: (913) 315-9262
COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Copyright Agent. The counter notification must provide the following information:
- Physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Clearwire will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.