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|APP Surveillance and Complaints of Infringement|
1. Investigation of Complaints
APP's agents under oath, appointed by the rightholder, investigate complaints of infringement. This process establishes proof of the reproduction in question as well as the possibility of its widespread use.
2. Regularization Notice
The concerned sites then receive a warning which brings the complaint to their attention. The warning offers them two possible alternatives: they must either furnish proof that they are legally authorized to reproduce the image or text in question, or, should they fail to do so, remove the unauthorized content from their site within one week.
3. Follow-Up and Prolongation of the Intervention
After this one week period has expired, checks are made to ensure that the situation is in order. If this is still not the case, the intervention is prolonged and word of the infringement is spread to other interveners involved in the protection of Intellectual Property Rights on the Internet.
4. Notice to Other Interveners
Host providers carrying the concerned sites as well as those persons in charge of proxy servers each receive individual e-mail messages which mention both the names and the addresses of the offending web sites they carry. Moreover, a list of the addresses of these illicit sites can if necessary be diffused in InterDeposit's web site. Providers are encouraged to check this site, which is frequently updated, and to deny their members access to any infringing sites. In addition, they are informed that they risk being held accountable as accomplices should they opt not to cooperate in shutting down the concerned sites. Likewise, those in charge of search engines are requested to do away with links to these sites. Finally, third-party sites offering links to the infringing ones are urged to get rid of these links.
5. Possible Legal Action
Should the rightholders decide to proceed with legal action against the infringing parties, warnings previously sent to those in charge of the offending sites and to the interveners negate any claims that they are cooperating and simply need more time. This course of action is taken if the concerned persons persist in not complying to the demands made, at which point those in charge of third-party sites, search engines, etc. automatically become accomplices.