“Repeat Infringer” Policy
Last Revised: March 24, 2021
BBM Enterprises, Inc., a Delaware corporation (“Company”), the owner and operator of www.niftease.io (“Website”), will withdraw all rights and privileges from its users who are deemed repeat infringers. For these purposes, the Company will count “strikes.” A strike will arise against a user every time (1) that user has been adjudicated, in a court of competent jurisdiction, to have committed copyright infringement; (2) that the Company receives a separate DMCA notice that substantially complies with 17 U.S.C. § 512(c)(3), sent on a different calendar day from any other DMCA notice, alleging copyright infringement within any 12-month period; or (3) that the Company has actual knowledge that the user has committed an act of copyright infringement.
Each separate adjudication or DMCA notice gives rise to a separate strike. In addition, if a single adjudication or DMCA notice pertains to different copyrights that were infringed on different days, it can give rise to multiple strikes.
No strike arises from a notice of claimed infringement (regardless of whether subject to counter-notification from the user) that fails to comply with 17 U.S.C. § 512(c)(3), or from facts or circumstances from which the user’s infringement seems apparent, absent actual knowledge on the Company’s part.
The Company follows the rule of “three strikes, and you’re out.” Accordingly, a user against whom there are three strikes will be deemed a “repeat infringer.” The Company will terminate that user from the Website as soon as practical (in the ordinary course of business, within one week). Nonetheless, the Company reserves the right to excuse a strike under appropriate circumstances, such as when the user provides adequate evidence that it infringed unintentionally or in the good faith belief that its conduct did not constitute infringement, or that the adjudicating court considered the issue of infringement to be open to different interpretations. The Company will also consider “appropriate circumstances” to excuse a strike as including a requirement of proportionality: A user who engages in widescale exploitation, a small percentage of which is determined to constitute copyright infringement (even if willfully so), will not gain a strike if that infringement appears aberrational in the entire context of the user’s exploitation.
A strike will arise from any act of copyright infringement. Typically, those activities will consist of the violation of rights provided under Title 17, United States Code. However, if the Company gains actual knowledge that a user has violated the copyright laws of a foreign country or one of the several states, that conduct equally constitutes a strike. The subject infringement is cognizable regardless of whether it occurred in an online context or elsewhere.
Once terminated from the Website, the user will not be allowed to rejoin the Website until ten years after the most recent strike. If a user who was previously terminated returns to the Website, then for one year, the user will be “on probation.” If during that year, the Company receives a notice of claimed infringement as to that user, even absent corroboration or court judgment, to which the user fails to reply by an appropriate counter-notification, the user will be terminated again. Any time that an individual or entity has been twice terminated, the user will be banned permanently from rejoining the Website.
For these purposes, the Company will keep a registry of its terminated users. The registry will be updated monthly and will keep all implicated names for 30 years.
Because of the risks of acting on inaccurate information, the Company will not accrue strikes against its users based on allegations that another service provider has previously terminated those users.
The Company will gain a strike for the user-only. If the user is an entity, that entity will be deemed the only entity against whom one strike exists for purposes of the repeat infringer policy (meaning that no individual will be implicated by it).
Concomitantly, if the user is an individual, he or she will be deemed the only individual against whom a strike exists for purposes of the repeat infringer policy (meaning that no corporate entity will be implicated by it).
Once an individual or entity has been terminated, the Company will not allow another individual or entity bearing substantially the identical name, email address, or IP address to create an account on the Website, absent evidence showing that it is not the same individual or entity that was previously terminated. In addition, if the Company is provided with evidence that a current user is the same individual or entity that was previously terminated, and the current user does not credibly challenge that evidence, the Company will terminate service to that user. This exclusion does not apply, however, to previously terminated users who are already allowed to join after the passage of the requisite years or after satisfying the other criteria stated above.
A user’s activity of taking down challenged material or settling a lawsuit for copyright infringement, without more, will not be deemed to create a strike. All the circumstances must be considered. If, for example, in the context of a settlement, the user admits to having committed copyright infringement and the Company gains actual knowledge of that admission, a strike arises.