Anyone know if an individual can send a C&D? - GoFuckYourself.com

undermyspell · 11-22-2004, 11:34 PM

Can an individual send a C&D or does it have to come from an attorney to be valid. I need to send one regarding text works that I have requested be removed from a website that has not been done so.

And I hope you are reading you piece of shit fucker.. cause next step is calling an attorney

brizzad · 11-22-2004, 11:35 PM

links?

detoxed · 11-22-2004, 11:35 PM

There is no such thing as a valid or invalid C&D, its just a letter saying stop.

undermyspell · 11-22-2004, 11:37 PM

well I can't post the link because it leads to another resource site. However, this person has been the source of severe board drama lately here, is banned and has about 15 different aliases that he sells email lists under... ring a bell? and it's not on his board it's on the resource/news site

undermyspell · 11-22-2004, 11:38 PM

so detoxed if the C&D isn't complied with then next step is legal action.. right?

detoxed · 11-22-2004, 11:40 PM

Quote:

Originally posted by undermyspell
so detoxed if the C&D isn't complied with then next step is legal action.. right?

Well if thats what you want to do

undermyspell · 11-22-2004, 11:41 PM

thank you

JulianSosa · 11-22-2004, 11:44 PM

C&D is a friendly letter. You do not need one to pursue legal action
You can sue and be sued without any C&D. It may help you in court if you can tell the judge you have tried to get them to stop by sending a C&D

baddog · 11-22-2004, 11:44 PM

anyone can send a C&D . . . just that usually an attorney will know what to say to get the message across . . . the letterhead never hurts either.

baddog · 11-22-2004, 11:45 PM

Quote:

Originally posted by undermyspell
so detoxed if the C&D isn't complied with then next step is legal action.. right?

a C&D is not mandatory, it is a courtesy

undermyspell · 11-22-2004, 11:46 PM

thank you even more bd... have any copies of C&D's laying around? I know you have written a few in your time

JulianSosa · 11-22-2004, 11:47 PM

Quote:

Originally posted by baddog
a C&D is not mandatory, it is a courtesy

Exactly

detoxed · 11-22-2004, 11:49 PM

If you really dont like them, dont even send one. Just sue them, if you send a C&D they might get rid of all old evidence, no reason to give warning.

baddog · 11-22-2004, 11:49 PM

Quote:

Originally posted by undermyspell
thank you even more bd... have any copies of C&D's laying around? I know you have written a few in your time

I don't need copies, I do better writing them from scratch, that way it doesn't appear to be cookie cutter.

Give me some info and I can probably hook you up

Kard63 · 11-22-2004, 11:49 PM

Quote:

Originally posted by detoxed
There is no such thing as a valid or invalid C&D, its just a letter saying stop.

Holly · 11-22-2004, 11:57 PM

Contact his host and tell them he has your stuff on their server(s) without your permission. Tell them you want it removed asap or you will be handing it over to your attorney and also contacting their upstream if they're a reseller. Ask for their attorney's contact info and mailing address. Sometimes that's enough to make the host either cancel the account or tell the person to take it down, since they don't want to become involved themselves. Worth a shot.

Mike Okitch · 11-22-2004, 11:57 PM

Quote:

Originally posted by undermyspell
well I can't post the link because it leads to another resource site. However, this person has been the source of severe board drama lately here, is banned and has about 15 different aliases that he sells email lists under... ring a bell? and it's not on his board it's on the resource/news site

?

baddog · 11-23-2004, 12:29 AM

Quote:

Originally posted by Mike Okitch
?

very good, you hit the nail on the head

baddog · 11-23-2004, 12:30 AM

Quote:

Originally posted by Holly
Contact his host and tell them he has your stuff on their server(s) without your permission. Tell them you want it removed asap or you will be handing it over to your attorney and also contacting their upstream if they're a reseller. Ask for their attorney's contact info and mailing address. Sometimes that's enough to make the host either cancel the account or tell the person to take it down, since they don't want to become involved themselves. Worth a shot.

actually, that is a very good idea

latinasojourn · 11-23-2004, 02:12 AM

determine who the the host is of the offending website.

if host is in usa, you are in luck.

determine the contact for the "agent for copyright".

be prepared to make your case to this individual.

if you have the evidence to back up your claim make sure you indicate that if you must sue for damages the host will be named as a contributory infringer.

this is the most efficient way to get your material removed from another website, the host leans on the guy whose stealing your stuff---if he doesn't take it down, the host pulls the plug on his website. (this is relevant to US-based webhosts)

lean on the host.

learn about the "the electronic theft act" signed into law by Bill Clinton.

media · 11-23-2004, 02:15 AM

Be sure it's sent via registered mail and require a signature....

11-22-2004, 11:34 PM	#1
undermyspell Confirmed User Join Date: Sep 2002 Posts: 875	Anyone know if an individual can send a C&D? Can an individual send a C&D or does it have to come from an attorney to be valid. I need to send one regarding text works that I have requested be removed from a website that has not been done so. And I hope you are reading you piece of shit fucker.. cause next step is calling an attorney

11-22-2004, 11:57 PM	#16
Holly Too lazy to set a custom title Join Date: Jun 2003 Location: Jesusland Posts: 10,017	Contact his host and tell them he has your stuff on their server(s) without your permission. Tell them you want it removed asap or you will be handing it over to your attorney and also contacting their upstream if they're a reseller. Ask for their attorney's contact info and mailing address. Sometimes that's enough to make the host either cancel the account or tell the person to take it down, since they don't want to become involved themselves. Worth a shot. __________________ War National Damn Champions Eagle

11-23-2004, 02:15 AM	#21
media Confirmed Moneymaker Industry Role: Join Date: Apr 2002 Location: Eugene, OR It's Like Jail, Only with Trees! Posts: 9,852	Be sure it's sent via registered mail and require a signature.... __________________ I'm here for the violence!

11-22-2004, 11:35 PM	#2
brizzad holla Join Date: Jul 2003 Location: KFC Posts: 11,769	links?

11-22-2004, 11:35 PM	#3
detoxed vip member Join Date: Jan 2003 Posts: 17,798	There is no such thing as a valid or invalid C&D, its just a letter saying stop.

11-22-2004, 11:37 PM	#4
undermyspell Confirmed User Join Date: Sep 2002 Posts: 875	well I can't post the link because it leads to another resource site. However, this person has been the source of severe board drama lately here, is banned and has about 15 different aliases that he sells email lists under... ring a bell? and it's not on his board it's on the resource/news site

11-22-2004, 11:38 PM	#5
undermyspell Confirmed User Join Date: Sep 2002 Posts: 875	so detoxed if the C&D isn't complied with then next step is legal action.. right?

11-22-2004, 11:41 PM	#7
undermyspell Confirmed User Join Date: Sep 2002 Posts: 875	thank you

11-22-2004, 11:44 PM	#8
JulianSosa Confirmed User Join Date: Aug 2003 Posts: 3,042	C&D is a friendly letter. You do not need one to pursue legal action You can sue and be sued without any C&D. It may help you in court if you can tell the judge you have tried to get them to stop by sending a C&D

11-22-2004, 11:44 PM	#9
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	anyone can send a C&D . . . just that usually an attorney will know what to say to get the message across . . . the letterhead never hurts either.

11-22-2004, 11:46 PM	#11
undermyspell Confirmed User Join Date: Sep 2002 Posts: 875	thank you even more bd... have any copies of C&D's laying around? I know you have written a few in your time

11-22-2004, 11:49 PM	#13
detoxed vip member Join Date: Jan 2003 Posts: 17,798	If you really dont like them, dont even send one. Just sue them, if you send a C&D they might get rid of all old evidence, no reason to give warning.

11-23-2004, 02:12 AM	#20
latinasojourn Confirmed User Join Date: Oct 2003 Posts: 3,191	determine who the the host is of the offending website. if host is in usa, you are in luck. determine the contact for the "agent for copyright". be prepared to make your case to this individual. if you have the evidence to back up your claim make sure you indicate that if you must sue for damages the host will be named as a contributory infringer. this is the most efficient way to get your material removed from another website, the host leans on the guy whose stealing your stuff---if he doesn't take it down, the host pulls the plug on his website. (this is relevant to US-based webhosts) lean on the host. learn about the "the electronic theft act" signed into law by Bill Clinton.