Copyright & DMCA
Intellectual property notices, takedowns, and repeat-infringer policy.
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The Kemet Network
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1. COPYRIGHT POLICY AND RESPECT FOR INTELLECTUAL PROPERTY
2. DMCA NOTICE AND TAKEDOWN PROCEDURE
7. INTERNATIONAL COPYRIGHT COMPLIANCE
8. FALSE CLAIMS AND MISREPRESENTATION
9. PRIVACY AND ENCRYPTION LIMITATIONS
1. COPYRIGHT POLICY AND RESPECT FOR INTELLECTUAL PROPERTY
1.1 Our Commitment
Kemet ("The Network," "we," "us," "our") respects the intellectual property rights of others and expects all users of The Network to do the same. We comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and equivalent international copyright frameworks.
This Copyright & DMCA Policy ("Policy") explains: • How copyright holders can report infringing content • How we process and respond to takedown notices • How users can dispute takedown notices (counter-notices) • Our repeat infringer policy • The limitations imposed by our encryption architecture
1.2 User Responsibility
By using The Network, you represent and warrant that: • You own all intellectual property rights in content you post, OR • You have obtained all necessary licenses, permissions, and consents to post such content, OR • Your use constitutes fair use under applicable copyright law
You are solely responsible for any copyright infringement resulting from content you post on The Network. We do not monitor or pre-screen user content for copyright infringement.
1.3 Our Role: Neutral Platform
Kemet functions as a neutral platform for user-generated content. We do not: • Curate or edit user content before publication • Act as a publisher of user content • Guarantee the accuracy or legitimacy of copyright claims • Provide legal advice to copyright holders or users
Our role is limited to processing valid takedown notices and counter-notices in accordance with this Policy and applicable law.
2. DMCA NOTICE AND TAKEDOWN PROCEDURE
2.1 Reporting Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on The Network, please notify our Designated DMCA Agent (see Section 6). Your notice must comply with the requirements of 17 U.S.C. § 512(c)(3).
2.2 Required Elements of DMCA Notice
To be effective, your DMCA takedown notice must be in writing and include the following:
A. Physical or Electronic Signature The signature of the copyright owner or a person authorized to act on their behalf. Electronic signatures are acceptable.
B. Identification of Copyrighted Work Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works.
C. Identification of Infringing Material 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 us to locate the material.
For Kemet, this means: • The exact URL or Post ID of the infringing content • The username/Node ID of the poster (if known) • Date and time the content was observed • Description of the content (e.g., "unauthorized copy of photograph titled 'Sunset'").
D. Contact Information Information reasonably sufficient to permit us to contact you, such as: • Your address • Telephone number • Email address
E. Good Faith Statement A statement that you have 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.
F. Accuracy Statement A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.3 How to Submit a DMCA Notice
Submit your completed DMCA notice to our Designated Agent:
Email: dmca@kemet.network (preferred) Postal Mail: [To be updated when Delaware C-Corp formed and registered agent designated]
Online Form: [To be implemented at legal.kemet.network/dmca]
2.4 Our Response to Valid Notices
Upon receipt of a valid DMCA notice:
A. Acknowledgment We will acknowledge receipt of your notice within 2 business days (typically within 24 hours).
B. Review We will review the notice for completeness and validity. Incomplete notices will be rejected with explanation.
C. Takedown For valid notices regarding public content: • We will promptly remove or disable access to the identified material • We will notify the user who posted the content (the "Node Operator") • We will provide the Node Operator with a copy of the takedown notice (with your contact information) • We will inform the Node Operator of their right to file a counter-notice
D. Timing We aim to complete takedowns within 48-72 hours of receiving a valid notice. Emergency situations (e.g., pre-release content) may be expedited.
E. No Retroactive Action We cannot remove content that has already been deleted by the user or removed by our automated systems.
2.5 Limitations Due to Encryption
Critical Limitation: Kemet uses end-to-end encryption for private communications. We cannot access, monitor, or remove content from: • Direct Messages (DMs) between users • Private, encrypted Group communications • Content stored only on user devices
We can only remove infringing content that is: • Publicly posted (visibility set to "public") • Stored on our servers in unencrypted form • Accessible via URL or Post ID
If infringing content is shared via encrypted channels, we cannot remove it. Copyright holders must pursue remedies directly against the user or through legal process compelling the user to disclose the content.
3. COUNTER-NOTICE PROCEDURE
3.1 Right to Dispute
If you are a Node Operator who believes that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notice to our Designated Agent.
3.2 Required Elements of Counter-Notice
To be effective, your counter-notice must be in writing and include:
A. Physical or Electronic Signature Your signature (electronic acceptable).
B. Identification of Removed Material 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 disabled (URL or Post ID).
C. Good Faith Statement A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
D. Contact Information Your name, address, telephone number, and email address.
E. Consent to Jurisdiction A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if outside the United States, for any judicial district in which Kemet may be found), and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person.
3.3 How to Submit a Counter-Notice
Submit your counter-notice to:
Email: dmca@kemet.network Postal Mail: [To be updated]
3.4 Our Response to Counter-Notices
Upon receipt of a valid counter-notice:
A. Notification We will promptly provide the original complaining party with a copy of your counter-notice and inform them that we may restore the removed material in 10-14 business days.
B. Restoration Unless the original complaining party files a court action seeking a court order against you, we will restore the removed material within 10-14 business days of receiving your counter-notice.
C. Legal Action If the original complaining party files a court order, the material will remain removed pending resolution of the legal action.
3.5 Risks of Filing Counter-Notice
By filing a counter-notice, you: • Initiate a legal process that may result in litigation • Consent to jurisdiction in U.S. federal court • Make statements under penalty of perjury • Risk liability for copyright infringement if your use was not lawful
We recommend consulting with an attorney before filing a counter-notice.
4. REPEAT INFRINGER POLICY
4.1 Three-Strikes System
Kemet maintains a strict policy regarding repeat copyright infringers. Nodes that receive multiple valid DMCA takedown notices are subject to escalating penalties:
First Strike: Content removed + warning notification Second Strike: Content removed + 7-day suspension of posting privileges Third Strike: Content removed + Node Termination (permanent ban)
Strikes expire after 12 months of clean record. A Node with no violations for 12 months may petition for early removal of strikes.
4.2 What Constitutes a Strike
A strike is assessed when: • We receive a valid DMCA notice • We remove the identified content • The user does not file a successful counter-notice (or files no counter-notice)
Strikes are not assessed when: • The user files a successful counter-notice and content is restored • The notice is determined to be invalid or fraudulent • The content is removed voluntarily before notice is processed
4.3 Termination of Repeat Infringers
In accordance with 17 U.S.C. § 512(i)(1)(A), we will terminate the accounts of users who are "repeat infringers" in appropriate circumstances.
Termination means: • Permanent disabling of the Node • Blacklisting of Public Key, Device Fingerprint, and IP Hash • Removal of all Public Content • No ability to create new accounts on banned devices
4.4 Exceptions and Discretion
We reserve discretion in applying this policy: • Multiple strikes for the same work (same takedown, multiple URLs) may count as one strike • Fair use disputes may result in warning rather than strike • Good faith mistakes may be treated more leniently than willful infringement • Counter-notices that are withdrawn may not count as strikes
5. FAIR USE AND EXCEPTIONS
5.1 Recognition of Fair Use
We recognize that not all uses of copyrighted material constitute infringement. The doctrine of "fair use" under U.S. law (and similar doctrines internationally) permits limited use of copyrighted material without permission for purposes such as:
• Criticism and commentary • News reporting • Teaching and scholarship • Research • Parody and satire
5.2 Fair Use Factors
When evaluating DMCA notices and counter-notices, we consider the four fair use factors under 17 U.S.C. § 107:
1. Purpose and Character of Use: Is the use transformative? Is it commercial or non-commercial? Parody, commentary, and educational uses are more likely to be fair use.
2. Nature of Copyrighted Work: Use of factual works is more likely to be fair than use of highly creative works. Published works are more likely to be fair than unpublished works.
3. Amount and Substantiality of Portion Used: Using small portions is more likely to be fair than using the entire work. Using the "heart" of the work is less likely to be fair.
4. Effect on Potential Market: Does the use substitute for the original work? Does it harm the market for the original?
5.3 Examples of Likely Fair Use on Kemet
The following are generally considered fair use, though context matters:
• Quoting a few lines from a book in a review or critique • Sharing a thumbnail or low-resolution image for commentary • Memes that transform the original meaning for humorous or critical effect • News reporting that quotes from press releases or documents • Educational content that excerpts works for teaching purposes • Parody accounts that mock public figures (clearly labeled)
5.4 Examples of Likely Infringement
The following are generally NOT fair use:
• Uploading entire movies, albums, or books • Sharing high-resolution commercial photographs without license • Reposting content without adding transformative commentary • Using copyrighted music as background for videos without license • Commercial use of copyrighted material without permission
5.5 Fair Use Disclaimer
We are not a court and cannot make definitive fair use determinations. Our role is to process notices and counter-notices. Ultimately, only a court can determine whether a particular use constitutes fair use.
We encourage users to: • Use only content they have created or have permission to use • Limit use of third-party content to what is necessary for their purpose • Add transformative commentary or criticism • Credit original creators where possible • Seek legal advice if uncertain
6. DESIGNATED DMCA AGENT
6.1 Agent Information
Our Designated Agent to receive notification of claimed infringement is:
Name: Kemet DMCA Agent Organization: Kemet Protocol Governance Email: dmca@kemet.network (preferred method) Postal Address: [To be updated upon formation of Delaware C-Corp and designation of registered agent]
Phone: [To be designated]
6.2 Registration with Copyright Office
We will register our Designated Agent with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2). Registration information will be available at the Copyright Office's DMCA Designated Agent Directory.
6.3 Agent Responsibilities
Our Designated Agent is responsible for: • Receiving DMCA notices and counter-notices • Acknowledging receipt of notices • Reviewing notices for completeness and validity • Forwarding valid notices to Node Operators • Processing takedowns and restorations • Maintaining records of all actions • Coordinating with legal counsel as needed
6.4 Contacting the Agent
For fastest response, email dmca@kemet.network. Include "DMCA Notice" or "DMCA Counter-Notice" in the subject line.
7. INTERNATIONAL COPYRIGHT COMPLIANCE
7.1 European Union (E-Commerce Directive)
We comply with Article 14 of the EU E-Commerce Directive (2000/31/EC), which provides safe harbor for hosting providers who: • Do not have actual knowledge of illegal activity • Act expeditiously to remove or disable access upon obtaining such knowledge • Do not control or monitor the information transmitted
Our DMCA procedures align with EU notice-and-takedown requirements.
7.2 United Kingdom
We comply with the Copyright, Designs and Patents Act 1988 and the E-Commerce Regulations 2002. Our procedures align with UK notice-and-takedown frameworks.
7.3 Other Jurisdictions
We comply with applicable copyright laws in jurisdictions where we operate, including: • Canada (Copyright Act) • Australia (Copyright Act 1968) • Japan (Copyright Act) • Other jurisdictions as applicable
7.4 International Takedowns
We process takedown notices from copyright holders worldwide, regardless of their location. However, we apply U.S. fair use standards (which are generally more permissive) to all content, recognizing that this is where our servers are primarily located.
8. FALSE CLAIMS AND MISREPRESENTATION
8.1 Penalties for False Claims
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
8.2 Our Policy on False Claims
We take false claims seriously:
By Copyright Holders: • Knowingly false DMCA notices will be rejected • Repeat false claimants may be barred from using our takedown system • We may pursue legal action against those who abuse the DMCA process • Users harmed by false claims may have claims for damages
By Users (Counter-Notices): • Knowingly false counter-notices will be rejected • Users who file false counter-notices may face Termination • Users may face liability for perjury and copyright infringement
8.3 Identifying Fraudulent Claims
We may reject or investigate notices that appear fraudulent, including: • Notices from email addresses not associated with the copyright holder • Claims over content clearly in the public domain • Claims over content the notifier does not own • Automated, bulk notices without human review • Notices targeting clearly transformative fair uses
8.4 Good Faith Mistakes
Not all incorrect claims are fraudulent. Good faith mistakes (e.g., mistaken identification of content) are not subject to penalties, though we may require corrected notices.
9. PRIVACY AND ENCRYPTION LIMITATIONS
9.1 What We Can Remove
We can remove infringing content that is: • Publicly posted on The Network • Stored on our servers in unencrypted form • Accessible via URL or Post ID • Identifiable by metadata (timestamps, usernames)
9.2 What We Cannot Remove
Due to our end-to-end encryption architecture, we cannot remove or access: • Content in Direct Messages (DMs) • Content in private, encrypted Groups • Content that has been deleted by the user • Content stored only on user devices
9.3 Why We Cannot Access Encrypted Content
Kemet uses the Kemet Secure Messaging Protocol (KSMP) with end-to-end encryption. This means: • Content is encrypted on the sender's device • Only the recipient possesses the decryption keys • We (Kemet) do not possess the keys • We cannot decrypt the content, even if compelled by legal process • We cannot identify infringing content in encrypted channels
This is not evasion; it is a technical limitation of our privacy-preserving architecture.
9.4 Remedies for Encrypted Infringement
If copyrighted material is shared via encrypted channels, copyright holders may: • Contact the user directly and request removal • Send a DMCA notice to the user (if contact information is available) • Seek a court order compelling the user to preserve or disclose evidence • Pursue legal action against the user directly
We will comply with valid legal process (subpoenas, court orders) directed to us, but we cannot provide content we cannot access.
9.5 Transparency About Limitations
We are transparent about these limitations: • They are disclosed in our Privacy Policy (KEM-LEG-002) • They are disclosed in our Terms of Service (KEM-LEG-001) • They are a feature of our privacy-preserving design, not a bug
Users choose Kemet precisely because of these privacy protections.
10. CHANGES TO THIS POLICY
10.1 Policy Updates
We may update this Copyright & DMCA Policy to reflect changes in: • Legal requirements • Our business practices • Technology • User feedback
10.2 Notification of Changes
Material changes to this Policy will be posted on legal.kemet.network with an updated "Last Updated" date. We will notify users of material changes via: • In-app notifications • Email to registered support addresses (if provided) • Posting on our status page
10.3 Effective Date
Changes are effective immediately upon posting unless otherwise stated.
APPENDIX A: DMCA NOTICE TEMPLATE
To: Kemet DMCA Agent (dmca@kemet.network) Subject: DMCA Takedown Notice
I, [FULL LEGAL NAME], hereby state that:
1. I am the owner of an exclusive right that is allegedly infringed (or authorized to act on behalf of such owner).
2. The copyrighted work that has been infringed is: [TITLE OF WORK, REGISTRATION NUMBER IF APPLICABLE, DESCRIPTION]
3. The infringing material is located at: Kemet Post ID: [POST ID] URL: [URL IF AVAILABLE] Posted by: [USERNAME/NODE ID IF KNOWN] Date observed: ________________
4. My contact information is: Name: [YOUR NAME] Address: [YOUR ADDRESS] Phone: [YOUR PHONE] Email: [YOUR EMAIL]
5. I have 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.
6. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Signature: [ELECTRONIC SIGNATURE ACCEPTABLE] Date: ________________
APPENDIX B: COUNTER-NOTICE TEMPLATE
To: Kemet DMCA Agent (dmca@kemet.network) Subject: DMCA Counter-Notice
I, [FULL LEGAL NAME], hereby state that:
1. I am the operator of the Node that posted the material that was removed (Node ID: [NODE ID]).
2. The material that was removed was: Post ID: [POST ID] Date removed: ________________ Description: [BRIEF DESCRIPTION]
3. I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. My contact information is: Name: [YOUR NAME] Address: [YOUR ADDRESS] Phone: [YOUR PHONE] Email: [YOUR EMAIL]
5. I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or if outside the United States, for any judicial district in which Kemet may be found).
6. I will accept service of process from the person who provided the original DMCA notice or an agent of such person.
7. I swear, under penalty of perjury, that the information in this counter-notice is accurate.
Signature: [ELECTRONIC SIGNATURE ACCEPTABLE] Date: ________________
APPENDIX C: FREQUENTLY ASKED QUESTIONS
Q: How long does a takedown take? A: We aim to process valid notices within 48-72 hours. Emergency situations may be expedited.
Q: What if I can't find the Post ID? A: Provide as much information as possible (username, date, description). We will attempt to locate the content.
Q: Can I submit multiple URLs in one notice? A: Yes, if they all relate to the same copyrighted work. Otherwise, submit separate notices.
Q: What if the user removes the content before you act? A: We cannot take action on content that has already been removed.
Q: Do you notify the user who posted the content? A: Yes, we provide them with a copy of your notice (including your contact information) and inform them of their right to file a counter-notice.
Q: What if I made a mistake in my notice? A: Contact us immediately at dmca@kemet.network to withdraw or correct the notice.
Q: Can I submit a notice for content in private messages? A: No. Due to end-to-end encryption, we cannot access private messages. You must pursue remedies directly against the user.
Q: What is fair use? A: Fair use is a legal doctrine that permits limited use of copyrighted material without permission for purposes like criticism, commentary, news reporting, teaching, and parody. See Section 5 for details.
Q: I got a strike but I believe it was fair use. What do I do? A: File a counter-notice explaining why your use constitutes fair use. We will review and may remove the strike if your argument is persuasive.
Q: How do I know how many strikes I have? A: Check your account status in Settings > Account > Copyright Status.