Copywrite Infringement. HELP

Meads Well-Known Member

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#1

I had a domain sitting there so i decided to make it an automatic blog, i added a few rss feeds to pull from and that was it. Today i received this Email. What should i do?

We are writing to you in connection with the below-pasted e-mail from the third party claimant specified therein (the "Claimant") regarding certain materials contained in the specified web site (the "Web Site") that are infringing upon the Claimant''s intellectual property rights (the "Infringing Materials").

Please note that under the Digital Millennium Copyright Act, you have the right to file a "counter-notice" claiming that either (a) that the Claimant is wrong and that the Infringing Material is lawfully posted on the Web Site or (b) that the Infringing Material has been misidentified. We encourage you to review the procedures for filing a counter-notice, which are set forth in our network provider's copyright notification guidelines located at http://www.theplanet.com/about_us/legal.asp and to use this online form at http://www.chillingeffects.org/dmca/counter512.pdf which creates a PDF with all the required elements for counter-notification which you can send back to us.

Please fax this today before 2 PM EST to:
713-942-8621

Please note that eMaxHosting.com LP has only passed on the validity of the Claimant''s notice 17 U.S.C. Sec. 512 and has not sought to determine whether the Infringing Materials on the Web Site do indeed infringe upon the Claimant''s intellectual property rights.

We appreciate your cooperation in this matter.

eMaxHosting.com LP

Please fax the required documentation today before 2 PM EST:
713-942-8621

---
-----Original Message-----
From: Dennis Lloyd [mailto:dennisl@ilounge.com]
Sent: Tuesday, August 07, 2007 5:45 PM
To: Copyright
Subject: Copyright Infringement Notice

To Whom It May Concern:

Your company (The Planet) hosts a web site (iPodexpress.net - http://
www.ipodexpress.net) that is currently in direct violation of the
copyrights of my publishing company and web site, iLounge.com. We are
therefore providing notice to you constituting
"actual knowledge" of your user''s copyright infringement for purposes
of enforcing our rights as necessary under the Digital Millennium
Copyright Act, as found at 17 U.S.C. s 512(c) et seq. We are further
requesting that you immediately disable access to the web site and
inform the owner that he is subjecting himself, his site, and your
company to liability for infringement.

As required by the D.M.C.A., I am providing the following:

(ii) Identification of the works infringed:

http://www.ipodexpress.net/category/ipod/

(iii) Identification of the infringing materials:

http://www.ilounge.com/index.php/news/
feed://www.ilounge.com/index.php/ilounge/rss_1.0/

(iv) My contact information:

Dennis Lloyd, Publisher and Owner, iLounge.com
E-mail:
Address: 19 Spyrock, Irvine, CA 92602
Telephone: 949-302-1336

(v) Statement of belief

I am the owner of the content in question and possess full and
exclusive rights to control its use, display, and republication. No
site, including but not limited to ipodexpress, has permission to use
our copyrighted content.

(vi) Affirmation of accuracy

The information in this notification is accurate, and I agree that
under penalty of perjury, that I am authorized to act as the owner of
an exclusive right that has been infringed.

(i) My electronic signature as the owner of the exclusive rights in
the infringed work:

Dennis Lloyd, Publisher and Owner, iLounge.com

Dennis Lloyd
Publisher iLounge.com

http://www.ilounge.com

ILOUNGE NEED-TO-KNOW CONFIDENTIAL: Do NOT forward, copy, or otherwise
replicate or disseminate verbally, electronically, or in hardcopy
except to those individuals within your organization who have a
legitimate business need to know the information, and who have agreed
in writing, to keep it confidential, unless iPodlounge has given prior
written authorization.

If you have any additional questions, please feel free to reply.

eMax Hosting, LLC
http://www.emaxhosting.com

** http://webblog.emaxhosting.com/ - Creating a Communication Pathway **

By using our help desk you are agreeing to abide by the following:

The content of all support tickets is strictly confidential and is intended solely for the use of eMax Hosting, LLC and its client. Disclosure, copying, distributing, public displaying or use of any information within this support ticket is strictly prohibited.
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Meads, Aug 19, 2007 IP

sarahk iTamer Staff

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#2

Pull the offending feed and any material from it that may be saved on your site.

Write a humble and professional apology - get someone to proof it before it goes out - your lawyer perhaps, a colleague, teacher, friend.

If you stop straight away they should be happy and are unlikely to go to the extra expense of suing you.

If you leave the material up they are likely to take further steps and it's just not worth the grief!

sarahk, Aug 19, 2007 IP

Meads Well-Known Member

Messages:: 547

Likes Received:: 20

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Trophy Points:: 123

#3

sarahk said: ↑

Pull the offending feed and any material from it that may be saved on your site.

Write a humble and professional apology - get someone to proof it before it goes out - your lawyer perhaps, a colleague, teacher, friend.

If you stop straight away they should be happy and are unlikely to go to the extra expense of suing you.

If you leave the material up they are likely to take further steps and it's just not worth the grief!
Click to expand...

Well my hosting account has been suspended, i have emailed the host and told them remove the domain from my account and any content related to the domain. Hopefully this will be enough.

Meads, Aug 20, 2007 IP

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Copywrite Infringement. HELP

Meads Well-Known Member

sarahk iTamer Staff

Meads Well-Known Member

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