Response to TakeDown Notice on the law review excerpt by Shaytonna V. Bullock, Fee Simple Subject to Executory Interest: an Analysis of the Preemption and Revocation of Black Property Rights, 12 Southern Journal of Policy and Justice 205 (Fall 2018).
This article has been taken down because of a copyright challenge I don't think this was a copyright infringement it fits in the fair use exception however InMotionHosting has said they don't make this determination, that they err on the side of the person complaining and that I must remove it as a condition of terms of agreement. I could probably file a countercomplaint but I am not the committed to keeping the article up. Professor Randall
Response to TakeDown Notice on the law review excerpt by Shaytonna V. Bullock, Fee Simple Subject to Executory Interest: an Analysis of the Preemption and Revocation of Black Property Rights, 12 Southern Journal of Policy and Justice 205 (Fall 2018)
Original Complaint
Somebody used the inquiry form to send you a message on February 20th at 4:11pm EST.
The posted data is as follows:
firstname: (removed to protect privacy in accordance with Inmotionhosting Terms of Service)
lastname: (remove to protect privacy)
companyname:
address: (removed to protect privacy)
city: (removed to protect privacy)
state: MD
country: US
zipcode: (removed to protect privacy)
telephone: (removed to protect privacy)
email: (removed to protect privacy)
Detail of complaint removed to protect privacy in accordance with Inmotionhosting Terms of Service
Response to TakeDown Notice on the law review excerpt by Shaytonna V. Bullock, Fee Simple Subject to Executory Interest: an Analysis of the Preemption and Revocation of Black Property Rights, 12 Southern Journal of Policy and Justice 205 (Fall 2018)
Notification of DMCA Infringement Complaint - racism.org - 24HR Notice
We recently received a complaint that certain infringing material was posted on a website hosted on your server without the owner's authorization. This email is to notify you of the pending suspension of your web hosting account and related services pending resolution of this matter. Our Legal Dept must receive a response within the next 24hrs or your site will be disabled pending your response.
Below is a copy of the complaint for your review.
Please direct any questions or responses to our Legal Dept by emailing them at
As you know, our services permit customers to host and make available content over the Internet. Although we do not affirmatively screen customer content, we also do not tolerate infringing material on our equipment and may suspend a site that appears to infringe on any intellectual property rights. Due to the potential legal exposure to us, no prior notice of a suspension is generally given and in most cases, customers are informed by the complainant of the complaint.
Note, we will not engage in any battle with or between the parties and urge you to contact the complainant or its representative to resolve the matter. If you wish for this site to remain active on our servers and agree to remove the material voluntarily you MUST complete and return the attached declaration form. If you do not resolve this matter, pursuant to the terms and conditions you agreed to abide by, we will have no choice but to suspend your site.
Since intellectual property claims are serious matters, if applicable, a DMCA counter-notifications may be submitted in accordance with the DMCA. Please be advised that any counter-notification, emails or other materials submitted may be forwarded to third parties, including the complainant for purposes of validating its contents.
For additional information please visit: http://www.inmotionhosting.
Thank you for your anticipated cooperation.
InMotion Hosting Legal Admin Dept
Fair Use Notice
In accordance with Title 17 U.S.C. section 107, some material on this website is provided for comment, background information, research and/or educational purposes only, without permission from the copyright owner(s), under the "fair use" provisions of the federal copyright laws. These materials may not be distributed for other purposes without permission of the copyright owner(s). In general, the copyright owner is the author of the article.
Response to TakeDown Notice on the law review excerpt by Shaytonna V. Bullock, Fee Simple Subject to Executory Interest: an Analysis of the Preemption and Revocation of Black Property Rights, 12 Southern Journal of Policy and Justice 205 (Fall 2018)
Additional Communications
Hello Professor Randall,
hello Professor Randall,
Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.
You are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right."
Additionally, the form requires the complainant to acknowledge the following statement by checking a box:
"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. (Please note that you may be liable for damages if you “knowingly materially misrepresent” your copyrights – and we may seek to collect those damages. Fair use should also be taken into consideration.)"
The form requires also to swear under penalty of perjury that all information they are asserting is true and that they are the legal copyright holder or an agent thereof.
You can view that full form here: https://www.
Beyond that though we do not involve ourselves in the determination as to whether the content does or does not fall under fair use. Considering the complexity of determining fair use at times and the inconsistent rulings of the courts on these matters, to ensure that we are not making ourselves legally liable for something that may or may not be considered fair use we err on the side of caution and request the materials from the complaint be removed.
If you have any other questions, please let us know.
Warm Regards,
InMotion Legal Admin Team
