1. Before you send a notice
Much of what is on Frazer is open-source software, which its authors chose to share under a license. Before you send a notice, please check:
- Is there a license? A project may be allowed to use your code under the license you published it with. If the problem is a missing attribution or a license condition, writing to the project’s maintainers often fixes it faster than a notice.
- Is it fair use? Commentary, criticism, teaching, research and interoperability can be lawful uses. US law requires you to consider fair use before you send a notice.
- Is it yours? Only the copyright owner, or someone authorized to act for them, may send a notice.
Sending a notice that knowingly misrepresents that content infringes can make you liable for damages, including our costs and the user’s, under 17 U.S.C. 512(f).
2. What a notice must contain
Under 17 U.S.C. 512(c)(3), your notice must include:
- your physical or electronic signature, as the copyright owner or a person authorized to act for them;
- the copyrighted work you say is infringed, or, for several works, a representative list;
- the material you say infringes, with enough detail for us to find it: the full URL of each file, repository, release, package, model or page. Please also say which part infringes, and how the problem could be fixed;
- how to reach you: your name, postal address, telephone number and email address;
- a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law;
- a statement that the information in the notice is accurate and, under penalty of perjury, that you are the owner or are authorized to act for the owner.
If your notice is missing something, we will tell you what, so you can send it again.
3. Where to send it
Send notices to our copyright agent by email to legal@frazer.ai, with “DMCA notice” in the subject, or by mail to Frazer AI LLC, Attn: Copyright Agent, 1221 Brickell Ave, Ste 900, Miami, FL 33131. Email is the fastest route, and we read every notice.
4. What we do with a notice
- We check it. We review that it has every element above and that it identifies content on Frazer.
- We tell the owner of the content and send them a copy of the notice, with your contact details removed unless you ask otherwise.
- We give them a chance to fix it. If the notice is about specific files or parts of a project, we usually give the owner one business day to remove or change them before we act. If they do not, or the notice is about a whole project, or the harm cannot wait, we disable the content without waiting.
- We disable only what the notice identifies. In a Fir repository we redact the identified files: they stop being served everywhere, including copies cached by Frazer, while the rest of the repository and its history stay intact. We do not delete a whole project when part of it is the problem.
- Copies elsewhere. We process each other repository or copy the notice names. Copies of a project made by other people are separate projects, owned by them, and each needs to be identified.
- Circumvention claims get a closer look. When a notice says that code gets around a technical protection measure, our engineers and lawyers review it before we act, and we talk to the project’s owner first.
- We keep a record of the notice and of what we did. We may publish notices and counter notices with personal contact details removed, so people can see what was removed and why.
5. Counter notices
If your content was disabled and you believe it was a mistake or a misidentification, for example because you have a license or your use is fair, you can send a counter notice to the same address. Under 17 U.S.C. 512(g)(3), it must include:
- your physical or electronic signature;
- the content that was disabled, and where it appeared before;
- a statement, under penalty of perjury, that you believe in good faith that it was disabled as a result of a mistake or a misidentification;
- your name, postal address and telephone number, and a statement that you consent to the jurisdiction of the US federal district court for the district where your address is, or, if your address is outside the United States, of any judicial district in which Frazer may be found, and that you will accept service of process from the person who sent the notice, or their agent.
What happens next. We send a copy of your counter notice to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action to keep the content down, we restore it between 10 and 14 business days after we received your counter notice.
6. Repeat infringers
We close, in appropriate circumstances, the accounts of users who repeatedly infringe. A valid notice that is not successfully answered by a counter notice counts against the account. Three within 12 months normally lead to the account’s closure, and we may close an account sooner for a clear and serious infringement.
7. Other rights, and other countries
- Trademarks. Write to legal@frazer.ai with the mark, its registration, the content and why it misleads. A name used to describe or discuss something is usually lawful.
- Notices under other laws. If you are outside the United States, you may send a notice of illegal content under the law that applies to you, including the EU Digital Services Act. Tell us which law, what the content is and why it is illegal, and how to reach you. We assess it under that law and tell you what we decided.
- Personal data in a repository. Write to privacy@frazer.ai. We can redact it from the history.
8. Licenses on public content
When you make content public on Frazer, the Terms of Service let other users view it and copy it within Frazer’s features. Anything beyond that, such as using your code in their own products, needs a license from you. Add a license file to say what others may do.