Can I be sued just like that.

Also in most states it's illegal to impersonate a lawyer.

 

I don't buy it, all the idiots in the States would be in jail then.

 

Good thing I am a lawyer..am I impersonating myself?
Roses are red, violets are blue..I'm a schizophrenic and so am I

 

I couldn't have said it better nevetS.... a real letter would look like this (please note that all identifiable information has been removed for obvious reasons)

Master & Chiller LLP

125 East 55th Street

New York, NY 99999

T: ### F: ###



September 28, 2005

####
your address
####

Re: DMCA COPYRIGHT INFRINGEMENT ON DOMAIN NAME: ##.COM

Dear Mr. ##,
Please be advised that I am counsel to Retna Ltd, of New York City, an independent photo agency who has authorized me to act on its behalf for copyright infringement notification.

Infringements of Blah's copyrights have been detected on the Web site www.##.com.

The message boards in question are listed below as Exhibit A and appear on the web site at:

urls with violation

This letter is an official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act to effect removal of the detected infringements. I hereby request that you immediately issue a cancel message, as specified in RFC 1036, for the specified postings and prevent the infringer, who is identified by its Web address, from posting the infringing passwords to your servers in the future. Please be advised that by law, as a service provider, you must "expeditiously remove or disable access to" the infringing passwords upon receiving this notice. Noncompliance may result in a loss of the possibility of immunity under the DMCA.

I have a good faith belief that use of the material in the manner complained of herein is not authorized by Retna, its licensing representatives, or the law. The information provided herein is accurate to the best of my knowledge. I hereby swear under penalty of perjury that I am authorized to act on behalf of Retna, Inc. for matters pertaining to notification of infringement of its exclusive rights in its copyrighted material.

Please send to me at the address above a prompt response indicating the actions you have taken to resolve this matter.

Very truly yours,
attorney

Cc: ###

 

RFC 1036? Isn't that the usenet standard?

 

I really belive this guy had always wanted to be a lawyer but is not one. And the letter is certnlly not writted in a legal manner.

 

what about in coutries like india...Does anone know from where i can learn about the rules to keep myself informed??

thnks

 

You should never assume that because the letter does not "appear" professional that it is not from a lawyer. Many lawyers don't know how to write well. There is no law saying they must write with the fluidity and fervor of a professional writer. Usually the letter is only as good as the paralegal that writes it.

However, and I might be wrong, the model released all rights to said picture to the photographer, owner or whomever. Therefore, she can't sue you for anything because she has no claim to said image.

I can tell you that over the past decade I have received countless emails from "lawyers" on this or that. I usually respond by informing the writing party that all legal correspondence must be directed to the address on file with the SoS (Secretary of State). This basically ends the conversation.

The fact that you even posted this concerns me. It implies that you are using items on your website that you do not own the rights to. You do not need to be warned to be sued. Make sure you have permission and/or own the rights to everything on your website.

 

Sorry but lmao @ this guy. Dont worry probably a 16 year old messin about lol

 

It will never hold up in court, if you remove the copyrighted photo immediately you are ok.

Documentation is very important though. Just in case keep a log when you received the message and when you removed the alleged copyrighted photo.

Not to rub it in, but you ought to know as webmaster never use a photo of a affiliate you no longer promote. It's clearly in their "Terms Of Service" .

 

The email that he sent you is by no means from anyone that is very professional. This is more a scare tactic to get you to comply to their demands. It would be easier to just remove the picture and replace it with a new one. Most legal departments do not create such obviously misspelled and grammatically incorrect letters. You are better off just contacting them to let them know that you have removed the picture in question and leave it at this. If they are really going to sue you then nothing you can do will stop them. Good luck with this.

Kevin

 

if only he could learn how to spell, I'd feel more threatened by him.

 

Yes this is true.

 

I think the ccing yahoo thing looks pretty bogous. Maybe you should look up cases that yahoo was sued by this guy?