policy: update disputes, dmca, and logos-usage

MylesBorins · literarytea · web-flow · commit 692be4d7a747 · 2022-06-30T15:40:09.000-04:00
Co-authored-by: literarytea &lt;literarytea@users.noreply.github.com&gt;
diff --git a/content/policies/disputes.mdx b/content/policies/disputes.mdx
@@ -4,8 +4,8 @@ edit_on_github: false
 ---
 
 This document describes the steps that you should take to resolve 
-naming disputes with other npm publishers.  It also describes special steps
-you should take about names you think [infringe your trademarks](#trademarks).
+naming disputes with other npm publishers.  It also describes the steps
+you should take if you think a name [infringes your trademark](#trademarks).
 
 This document is additive to the guidelines in the
 [npm Code of Conduct][conduct] and
@@ -91,20 +91,12 @@ To dispute a user name, follow these steps:
 
 ## Trademarks
 
-If you think another npm publisher is infringing your trademark, such
-as by using a confusingly similar package, org, or user account name,
-open a support ticket at <https://npmjs.com/support> with a link to
-the package, org, or user account page on <https://npmjs.com>. Attach
-a copy of your trademark registration certificate.
+npm processes Trademark claims under GitHub's [Trademark Policy](https://docs.github.com/site-policy/content-removal-policies/github-trademark-policy).
 
-If we see that the user, org, or package publisher is intentionally
-misleading others by misusing your registered mark without permission,
-we will transfer the account, org, or package name to you.  Otherwise, we
-will contact the relevant user and ask them to clear up any confusion with
-changes to their user account page, or page, or package `README` file.
+If you think another npm publisher is infringing your trademark, such
+as by using a confusingly similar package, org, or user account name, please submit a Trademark Policy Violation Report via our [form](https://support.github.com/contact/trademark-policy).
 
-Use of npm's own trademarks is covered by our Trademark Policy at
-<https://docs.npmjs.com/trademark>.
+Use of npm's own trademarks is covered by our [Logo and Usage Policy][logos-and-usage].
 
 ## Changes
 
@@ -161,4 +153,4 @@ License](https://creativecommons.org/licenses/by-sa/4.0/).
 [acceptable-use]: /policies/open-source-terms#acceptable-use
 [acceptable-content]: /policies/open-source-terms#acceptable-content
 [violations]: /policies/conduct#reporting-violations-of-this-code-of-conduct
-[trademark]: /policies/trademark
+[logos-and-usage]: /policies/logos-and-usage
diff --git a/content/policies/dmca.mdx b/content/policies/dmca.mdx
@@ -1,146 +1,21 @@
 ---
-title: Copyright Policy
+title: Copyright - DMCA Takedown Policy
 edit_on_github: false
 ---
 
 This policy describes how we at npm, Inc., the company behind npmjs.com
-and the npm public registry, respond to claims that materials user
-have submitted to our service infringe copyright.  In short, we follow
-the Digital Millennium Copyright Act, or DMCA.
+and the npm public registry, respond to claims that materials users
+have submitted to our service infringe copyright.  
 
-## What's the DMCA?
+npm follows GitHub's [Copyright - DMCA Takedown Policy](https://docs.github.com/site-policy/content-removal-policies/dmca-takedown-policy). Please carefully review that policy along with GitHub's [Guide to Submitting a DMCA Takedown Notice](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to determine if you should submit a DMCA takedown. 
 
-The DMCA is a United States federal law that sets up a formal process
-for reports of copyright infringement by our users, called takedown
-notices.  It also sets up a process for disputing takedown notices
-by sending counter notices.  The law protects us from liability for
-infringement by our users when we follow these steps.  It also makes
-those who abuse the takedown and dispute processes liable for damage
-they cause.
+If you are ready to submit a DMCA takedown notice, the fastest way to get a response is to enter your information and answer all the questions on GitHub's [Copyright claims form](https://github.com/contact/dmca). Be sure to select the option indicating that your claim involves content on npm.js.
 
-Many online service providers like us handle great numbers of takedown
-notices and counter notices.  Often, the whole process takes place
-online, with the help of automated tools.  However, the legal claims
-and documents involved remain very serious.  Please approach the
-process accordingly.
+You can also send an email notification to copyright@github.com. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.
 
-## Should I send a takedown notice?
-
-If you aren't absolutely sure both that you own copyright, and that a
-user' material on our service infringes, speak to an attorney before
-sending a DMCA takedown notice.  Knowing, material misrepresentations
-about infringement in a takedown notice can make you liable to us,
-the person you allege infringes, copyright owners, and licensees,
-all for significant damages, including costs and attorneys' fees.
-A lawyer can help you decide if you should file a takedown notice,
-and if so, help you prepare it correctly.  We cannot.
-
-## How do I send a takedown notice?
-
-Send takedown notices to our agent.  You can find their contact
-information [below](#agent).
-
-Per United States Code, title 17, section 512(c)(3), your takedown
-notice must have:
-
-1.  A physical or electronic signature of a person authorized to act
-    on behalf of the copyright owner.
-
-2.  Identification of the copyrighted work you claim is been infringed.
-
-3.  Identification of the infringing material to be removed.
-
-4.  Contact information, preferably an email address, that we can
-    use to reach you.
-
-5.  Your statement of 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.  Your statement that the information in your notice is accurate.
-
-7.  Your statement, under penalty of perjury, that you are authorized
-    to act on behalf of the owner of the copyright allegedly infringed.
-
-## How do we respond to takedown notices?
-
-When we receive a valid takedown notice, we forward a copy to the
-[Lumen Database](https://lumendatabase.org/) and remove or restrict
-access to allegedly infringing material.  We then try to contact
-the user that submitted the material, to notify them that we have
-removed or restricted access to the material, provide them a copy of
-the takedown notice, and direct them to this policy.
-
-When appropriate, we suspend or terminate the accounts of users who
-repeatedly infringe copyright through our service.
-
-## Should I dispute a takedown?
-
-If you aren't absolutely sure that your material doesn't infringe
-copyright, speak to an attorney before sending a DMCA counter notice.
-Knowing, material misrepresentations about mistaken removal or access
-restriction can make you liable to us, the one who filed the takedown
-notice, copyright owners, and licensees, all for significant damages,
-including costs and attorneys' fees.  A lawyer can help you decide
-if you should file a counter notice, and if so, help you prepare
-it correctly.  We cannot.
-
-## How do I dispute a takedown?
-
-Do _not_ resubmit material to our service that we removed or restricted
-in response to a takedown notice.  If you do this, we will suspend
-or terminate your account.
-
-Send counter notices to our agent.  You can find their contact
-information [below](#agent).
-
-Per United States Code, title 17, section 512(g)(3), your counter
-notice must have:
-
-1.  Your physical or electronic signature.
-
-2.  Identification of the material removed access-restricted, and
-    where it was available via our service before we removed or
-    restricted access to it.
-
-3.  Your statement, under penalty of perjury, that you have a good
-    faith belief that the material was removed or disabled as a result
-    of a mistake or misidentification of the material.
-
-4.  Your name, address, and telephone number.
-
-5.  Your 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 Sates, for any any judicial
-    district in which we may be found.
-
-6.  Your statement that you will accept service of process from the
-    person who provided the takedown notice, or their agent.
-
-## How do we respond to counter notices?
-
-When we receive a valid counter-notice, we forward a copy to the
-person who filed the takedown notice.  If they don't notify us in ten
-business days that they are seeking a court order to prevent further
-infringement, we may replace or restore access to to the material
-we removed.
-
-## Where do I send notice?
-
-Send all takedown notices and counter notices to:
-
-You can also send an email notification to
-[copyright@npmjs.com](mailto:copyright@npmjs.com). You may include an
-attachment if you like, but please also include a plain-text version of
-your letter in the body of your message.
-
-If you must send your notice by physical mail, you can do that too, but
-it will take substantially longer for us to receive and respond to it.
-Notices we receive via plain-text email have a much faster turnaround
-than PDF attachments or physical mail. If you still wish to mail us
-your notice, our physical address is:
+If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, GitHub's physical address is:
 
 GitHub, Inc  
 Attn: DMCA Agent  
 88 Colin P Kelly Jr St  
-San Francisco, CA. 94107
+San Francisco, CA. 94107  
diff --git a/content/policies/logos-and-usage.mdx b/content/policies/logos-and-usage.mdx
@@ -1,11 +1,11 @@
 ---
-title: npm Trademark Policy
+title: npm Logos and Usage
 edit_on_github: false
 --- 
 
-This policy describes npm trademarks and how you may use them.
+This policy describes npm logos and trademarks and how you may use them.
 For information on what to do if someone infringes a trademark of
-_yours_ with a confusing package name, see the [Dispute Resolution Policy][disputes].
+_yours_ with a confusing package name, see the [Disputes policy][disputes].
 
 ## What is npm?
 
@@ -15,9 +15,9 @@ The npm project contains two main parts:
 2. The npm registry service. npm, Inc. runs the registry as a free (as in beer) public service for anyone
 wanting to publish an open source package and for anyone to install an open source package.
 
-## Why npm, Inc. has a trademark policy
+## Why npm, Inc. has a logo policy
 
-"npm" and the npm logos are trademarks owned by npm, Inc. We have developed this trademark usage policy to make it clear how other businesses and projects can (and cannot) use the npm name and logos.
+"npm" and the npm logos are trademarks owned by npm, Inc. We have developed this policy to make it clear how other businesses and projects can (and cannot) use the npm name and logos.
 
 ## General rules
 
@@ -54,8 +54,7 @@ We like to make it easy for anyone to use the npm name or logo for community-ori
   as a for-profit project or business).
   * Your project neither promotes nor is associated with entities that
   currently fail to comply with the Artistic License 2.0 under which
-  npm is distributed, or which are in violation of this trademark
-  policy.
+  npm is distributed, or which are in violation of this policy.
   
 * For a user group name where:
   * The main focus of the group is the software.
@@ -67,11 +66,11 @@ Any other requests are not likely to be granted licenses, but feel free to [ask]
 
 ## The npm Logos
 
-Our npm Logos are very recognizable and deserves special treatment. The
+Our npm Logos are very recognizable and deserve special treatment. In short, the npm logos represent only npm and should not be used to represent your products. The
 npm Logos signify us, or a special relationship with us, and you
 may use them only with our permission. Since the goal is to avoid
 confusion about you being us, or your relationship with us, context
-counts. We will [consider requests](https://www.npmjs.com/contact) on a case-by-case basis.
+counts. We will [consider requests](https://www.npmjs.com/contact) on a case-by-case basis. 
 
 ## The npm Wombat Mascot
 
@@ -90,7 +89,7 @@ relationship with npm.
 
 This is a living document and may be updated from time to time.
 Please refer to the [git history for this
-document](https://github.com/npm/documentation/blob/main/content/policies/trademark.mdx)
+document](https://github.com/npm/documentation/blob/main/content/policies/logos-and-usage.mdx)
 to view the changes.
 
 ## License
@@ -101,4 +100,4 @@ This document may be reused under a [Creative Commons
 Attribution-ShareAlike
 License](https://creativecommons.org/licenses/by-sa/4.0/).
 
-[disputes]: /policies/disputes
+[disputes]: /policies/disputes
diff --git a/src/gatsby-theme-doctornpm/nav.yml b/src/gatsby-theme-doctornpm/nav.yml
@@ -266,8 +266,8 @@
       url: /policies/unpublish
     - title: Copyright and DMCA Policy
       url: /policies/dmca
-    - title: Trademark Policy
-      url: /policies/trademark
+    - title: Logos and Usage
+      url: /policies/logos-and-usage
     - title: Security
       url: /policies/security
     - title: Replication and web crawler policy
diff --git a/src/nav-base.yml b/src/nav-base.yml
@@ -267,8 +267,8 @@
     url: /policies/unpublish
   - title: Copyright and DMCA Policy
     url: /policies/dmca
-  - title: Trademark Policy
-    url: /policies/trademark
+  - title: Logos and Usage
+    url: /policies/logos-and-usage
   - title: Security
     url: /policies/security
   - title: Replication and web crawler policy
