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Old 02-24-2006, 09:25 AM   #1
Sam Granger
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Letter to send to hosting company - copyright infringement

Does anyone have a copyright infringement letter thing that I can send to hosting companies? I often have my designs ripped.

Thanks
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Old 02-24-2006, 09:26 AM   #2
who
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Get some help from a legal professional. That's my advice.
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Old 02-24-2006, 09:29 AM   #3
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Quote:
Originally Posted by who
Get some help from a legal professional. That's my advice.


I remember someone posting a template letter here though and it looked pretty good.

Does anyone have a link? I can't seem to find it
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Old 02-24-2006, 09:45 AM   #4
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Dear Sir/Madam,

I own those. You done rip'd my stuff, man. Knock it off or I'll be forced to come over there, gouge out yer eyes with a rusty spoon and skull fuck you!

Have a nice day.

Pissed Webmaster

PS - Remember...choosy people choose Jif.




(sprinkle with a few colorful expletives to suit your tastes)
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Old 02-24-2006, 09:46 AM   #5
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Quote:
Originally Posted by SilentKnight
Dear Sir/Madam,

I own those. You done rip'd my stuff, man. Knock it off or I'll be forced to come over there, gouge out yer eyes with a rusty spoon and skull fuck you!

Have a nice day.

Pissed Webmaster

PS - Remember...choosy people choose Jif.




(sprinkle with a few colorful expletives to suit your tastes)


I was thinking something like this but for a webdesign that has been ripped.

Quote:
cease and desist letter
Your Company Name goes here)
(Remember send by certified mail return receipt)
[Name of person using your copyrighted material]
You are selling {pictures, graphics or text}, which I own the copyright of. The name of my copyrighted work is {names of pictures, graphics or text}. I have reserved all rights in these copyrighted {pictures, graphics or text}, which was first published in {add date} in {add place of first publication}. I registered the copyright with the U.S. copyright office on {add date}.
Your copying and or use of my {pictures, graphics or text} which appears on your web site at {name of website or publication}, is unauthorized. You neither asked for nor received permission to use the {pictures, graphics or text} nor to make or distribute copies of it. Therefore, I believe you have willfully infringed my rights under 17 USC §101, et seq. and could be liable for statutory damages as high as $100,000. Further, such copyright infringement is a direct violation of the Digital Millennium Copyright Act.
I demand that you immediately cease the use and distribution of the {pictures, graphics or text}, and all copies of it, and that you deliver to me all unused, undistributed copies of it, or destroy such copies immediately, and that you desist from this or any other infringement of my rights in the future.
If I have not received proof of compliance from you by {date}, I shall consider taking the full legal remedies available to rectify this situation.
Sincerely,
{Your Name}


STATEMENTS BY COPYRIGHT OWNER/AGENT:
Please take notice that you are the hosting company and/or O.S.P for the above referenced company and/or website. Pursuant to the Digital Millennium Copyright Act and any applicable amendments notice is given of copyright infringement by the above company [designated hereafter as infringing website]. Notice is given that the company and/or website designated above contains the following copyrighted works to which it has no authorization to use.Demand has been made on the infringing website for removal of the copyrighted materials and for statutory damages for the infringement.Please take notice that if the infringing works are not removed from the infringing website and/or your hosting company that the copyright holder may hold you liable for contributory infringement. Said contributory infringement is authorized under the Digital Millennium Copyright Act due to your failure to designate a Designated Agent or Interim Designated Agent as required under the act.All rights and remedies are reserved by the owner of the copyrighted works under the Digital Millennium Copyright Act and Copyright law.

COPYRIGHT OWNER OR AGENT
AUTHORIZED SIGNATURE:
Dated on:
Title:
Print Name:
Name of Business:
Website Name:
Site Address:
Phone Number:
Fax Number:
Email Address
Got that from a post that Promo Chick made.
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Last edited by Sam Granger; 02-24-2006 at 09:47 AM..
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Old 02-24-2006, 10:35 AM   #6
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Well-worded and sounds intimidating enough. I'd say it should do the trick for ya'.

I have a few of my own that are similiarly worded - but they're on my other system at the moment.

I had one where we demanded monetary compensation for the loss of revenue based on the copyright infringement of several of our pics on the mainpages of a paysite. Lost track of that particular letter, but it was well-worded enough to get settlement payments from two separate individuals at the time. One scared the guy so bad he called us long distance from Great Britain at 3am to discuss a settlement (he'd forgotten the time difference, lol).

Good luck. Hope the letter has its desired effect.
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Old 02-24-2006, 10:38 AM   #7
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Quote:
Originally Posted by SilentKnight
Well-worded and sounds intimidating enough. I'd say it should do the trick for ya'.

I have a few of my own that are similiarly worded - but they're on my other system at the moment.

I had one where we demanded monetary compensation for the loss of revenue based on the copyright infringement of several of our pics on the mainpages of a paysite. Lost track of that particular letter, but it was well-worded enough to get settlement payments from two separate individuals at the time. One scared the guy so bad he called us long distance from Great Britain at 3am to discuss a settlement (he'd forgotten the time difference, lol).

Good luck. Hope the letter has its desired effect.
Hey SilentKnight, thanks

I just want to scare the shit out of them so they take down the rips in question quickly. I guess I'll try to modify the letter template I posted to fit my needs.
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Old 02-24-2006, 10:44 AM   #8
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http://www.adultsitelaw.com/forms.html
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Old 02-24-2006, 10:54 AM   #9
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Here ya go:

To whom it may concern:

It recently has come to our attention that a customer
of yours is violating our trademark by using the
**** name on their web site at
****.com

This web site has been traced to the IP
*** which shows your company to be
the owner of that IP.

As you know, ****.com maintains the ****.com Web
site. ****.com owns exclusive trademark rights to
the ***** name in the United States and
internationally.

*****.com has made a substantial investment in
developing and providing its services and has
acquired a tremendous amount of goodwill and brand
equity in the **** name.

As we hope you can appreciate, *****.com is
concerned that your customers unauthorized use of
the ***** name may cause confusion as to
whether your customers activities are authorized,
endorsed or sponsored by ******.com when, in
fact, they are not.

Federal and state laws, including the Lanham Act
provides a trademark holder to recover (1)
defendant's profits, (2) any damages sustained by
the plaintiff, and (3) the costs of the action.
The court shall assess such profits and damages or
cause the same to be assessed under its direction.
Infringers who have been notified of such infringing
activity, but do not cease their infringements, may
also be considered "willful" and could be
subject to additional money damages.

Having received this e-mail, you are on such notice.

More information on trademark law may be found at
http://www.fplc.edu/tfield/aVoid.htm.

Nonetheless, under the circumstances, we must
insist that you:
(1) force your customer to stop using the *****
name in their website;
(2) do not use such name on an active web site;

If you choose to ignore your violation legal action will
be filed.

Please confirm (by responding to this email) that you
will comply as requested above. Thank you for your
anticipated cooperation.

******.com Legal Department
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Old 02-24-2006, 11:02 AM   #10
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Thanks everybody for taking the time to reply!! Global-X, that link is perfect!!

Thanks once again!
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Old 02-24-2006, 11:17 AM   #11
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Are you and the host even based in the same jurisdiction?
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Old 02-24-2006, 11:19 AM   #12
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Quote:
Originally Posted by Calvinguy
Are you and the host even based in the same jurisdiction?
Probably not but i jsut want to scare the shit out of them so they take the stuff down
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Old 02-24-2006, 11:27 AM   #13
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Quote:
Originally Posted by Calvinguy
Are you and the host even based in the same jurisdiction?
AS long as they are both in the US it doesnt matter since copyright/trademark infringements are Federal issues one could file at their nearest Federal court.
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Old 02-24-2006, 11:29 AM   #14
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Quote:
Originally Posted by ThunderBalls
AS long as they are both in the US it doesnt matter since copyright/trademark infringements are Federal issues one could file at their nearest Federal court.
I'm in the netherlands
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