IP Infringement & DMCA Policy

1. Overview

Open Brain respects the intellectual property rights of others and expects users of Meridian to do the same. This policy describes how we handle claims of copyright infringement under the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), as well as trademark and other IP infringement claims.

If you believe that content on the Service infringes your intellectual property rights, please follow the procedures below. We respond to valid notices promptly and in good faith.

2. Copyright Infringement (DMCA)

Open Brain qualifies for the DMCA safe harbour provisions as an online service provider under 17 U.S.C. § 512. This means we are not liable for infringing content posted by users provided we: (a) have no actual knowledge of infringement; (b) act expeditiously to remove or disable access upon receiving proper notice; and (c) do not receive a financial benefit directly attributable to the infringing activity.

To invoke the safe harbour, we have registered a Designated Copyright Agent with the U.S. Copyright Office and maintain the notice-and-takedown procedures described below.

3. Takedown Notice Requirements

To submit a valid DMCA takedown notice under 17 U.S.C. § 512(c)(3), your written communication must include all of the following:

1. A physical or electronic signature of the copyright owner or an authorised agent
2. Identification of the copyrighted work claimed to have been infringed (or, if multiple works on a single site are covered by a single notification, a representative list of such works)
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (e.g., URL, screenshot, description)
4. Your contact information: name, address, telephone number, and email address
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorised to act on the owner's behalf

Notices that do not comply with all requirements of 17 U.S.C. § 512(c)(3) may not receive a response. Do not submit notices for content you do not own or are not authorised to act on.

4. Response Timeline

• Acknowledgement: We will acknowledge receipt of a valid notice within 2 business days
• Action: We will remove or disable access to the allegedly infringing content within 5 business days of receiving a complete, valid notice
• User notification: We will notify the user whose content was removed and provide them with a copy of the notice (with your personal contact information redacted if requested)
• Reinstatement: If the user submits a valid counter-notification, we will restore the content after 10–14 business days unless you notify us that you have filed a court action

5. Counter-Notification

If content you posted was removed as a result of a DMCA notice and you believe the removal was in error or based on misidentification, you may submit a counter-notification under 17 U.S.C. § 512(g). Your counter-notification must include:

1. Your physical or electronic signature
2. Identification of the material that was removed and its location before removal
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification
4. Your name, address, and telephone number
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Northern District of California if your address is outside the United States), and that you will accept service of process from the person who submitted the original takedown notice

6. Repeat-Infringer Policy

In accordance with 17 U.S.C. § 512(i), Open Brain will terminate the accounts of users who are determined to be repeat infringers. We define a "repeat infringer" as any user who has had two or more pieces of content removed pursuant to valid DMCA takedown notices within a 12-month period, or any user who has been subject to a final court judgment of copyright infringement in connection with the Service.

We reserve the right to terminate accounts at our discretion where we have reasonable grounds to believe infringement is occurring, even before the two-strike threshold is reached.

7. Trademark Infringement

If you believe content on the Service infringes your trademark or other intellectual property rights (other than copyright), please contact us at legal@openbrain.ai with:

• Your full name and contact information
• The trademark registration number(s) and jurisdiction(s), or other evidence of your rights
• A description of the allegedly infringing content and its location on the Service
• A statement explaining how the content infringes your rights
• A declaration that the information provided is accurate to the best of your knowledge

Trademark and rights-of-publicity claims are handled separately from the DMCA process and may take longer to resolve. We will investigate and respond within 10 business days.

8. AI Output and Safe Harbour

Meridian routes user prompts to third-party AI model providers. The outputs generated by these models are produced by third-party systems outside our direct control. Open Brain's safe-harbour protection under the DMCA applies to user-generated content and content transmitted at user direction. It does not extend to content we have actual knowledge is infringing or to situations where we receive a financial benefit directly from infringing activity.

If you believe an AI-generated output produced through the Service reproduces your copyrighted work, please submit a DMCA notice as described above. We will forward relevant information to the applicable AI provider and take appropriate action on our platform.

9. Misrepresentation & Perjury Liability

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be subject to liability — including damages, costs, and attorneys' fees. Both takedown notices and counter-notifications are made under penalty of perjury.

We take false claims seriously. If we determine that a notice was filed in bad faith, we reserve the right to share the notice with the affected user and pursue appropriate remedies.

10. Designated Agent Contact

Please use the subject line "DMCA Takedown Notice" or "IP Infringement Claim" to ensure your message is routed correctly. Notices sent to other email addresses may experience delays.