Question about Jenna Lewis legal problem
 

Ok, so I've had some domains up advertising celebsunzipped for the Jenna Lewis sex tape and today I received a phone called (got a message) and two emails.

The first email was a cease and desist at 2pm saying I had to have everything removed by 5pm. I got home at 6:30 pm and removed everything, but there was the second email saying I was too late and they were taking me to court. I emailed back and left a message on the phone number he gave me. Here are the emails. What are your opinions/suggestions on this? What should I say/do? BTW: On the domains, the only things that were available were 6 thumbnail pics...the same 6 thumbnail clips that you will find all over the web if you type in "jenna lewis porn" on Google. There was also an article describing the Jenna Lewis news.

Email 1:

My name

&

ALL PARTIES IN VIOLATION


I manage Jenna Lewis (Survivor ? Survivor All Stars)
and her husband Travis Wolfe. You have wrongfully
and deliberately posted explicit home videos and or
clips of my clients Jenna and Travis on your website(s)
lists some of my domains

for download and or sale sale.

You DO NOT have permission nor the right to do so. This
is your first and final notice to CEASE AND DESIST these
actions at once. You have until 5:00 PM Monday August 30,
2004 Eastern Time (TODAY) to remove all clips and videos
from your website as well as remove all likeness, clips and
reference to my clients. If you fail to adhere you would leave
me no choice but to turn this matter over to litigators at
which time they will vigorously pursue the company and
partners (personally), be it in the US, or some other
foreign land, for immediate injunctive and monetary relief
for damages. Your actions are egregious, harmful,
criminal and without merit.


Andre Jetmir
Manager
310.985.6100


This correspondence serves as an official notice, pursuant to
Section 512 of the United States Copyright Act of 1976 (also
known as the Digital Millennium Copyright Act of 1998 (DMCA)),
of illegal use of material, copyrighted by my clients:
JENNA LEWIS AND TRAVIS WOLFE

In addition [ "monetary remedies" (section 1203(c)(5)(B))], it is a
criminal offense to violate section 1201 or 1202 willfully and for
purpose of commercial advantage or private financial gain. Under
Section 1204 penalties range up to a $500,000 fine or up to five
years imprisonment for a first offense, and up to a $1,000,000
fine or up to 10 years imprisonment for subsequent offences.
Nonprofit libraries, archives and educational instiutions are
entirely exempted from criminal liability. (Section 1204(b))

Email 2:
You have failed to adhere to my clients' request. I have instructed their attorneys to file a complaint in federal court tomorrow morning. They have also been instructed to contact Mastercard and Visa directly regarding your fraudulent activity. We have also contacted your hosting service. We will be contacting you via legal service. You need not respond to this email. This is now a legal matter...that you will lose. It cost realitytail mid six figures to settle out of court and that's what we will be seeking from you at a very minimum.

See you in court.


AJ

Ouch, sounds like you might be voted off the island. ; )

Seriously though, no idea what could happen, but I wish you luck....

Also...in the emails he says that he manages Jenna Lewis and Travis Wolfe and that he also owns Realitytail.net (that's what I took from it)...what do you think about that?

Could be trying to rid himself of his competition (especially if you were ranked higher on the SERP for the term in Google, for instance).

Grab a lawyer, ask for the contact information for their legal team and pass it to yours and go from there.

*Disclaimer - I'm not a lawyer by any means. Get qualified advice - NOW.

First off, I would check if someone is fucking with you. When lawyer's send
cease and desist letters usually use registered mail . So they have proof you got it . Also you got it off line by 6pm . What are they going to tell a judge he was a hour late. Especially when we know email is not 100%.

lawyers dont give you a fucking 5 oclock deadline and then email you at 6:30

:1orglaugh :1orglaugh

someone is playing you

The first thing you should have done was contact an attorney.

But it seems a little strange that they would set such an unreasonable deadline. And I also thought that to get a C and D it had to come in the US mail.

You may want to look into that. I dont think that they will follow up with it. But that is
:2 cents:

Also if he was a lawyer he would of included esq. at the end of his name and possibly his bar license number .

Dose not sound legit to me.

And does anyone know the legalities of editorial/news sites? That's what he called it on the phone and that's basically what it was, a news story with a few thumbnails that every other site on the web has on their sites...so is he going to sue every other site? I know my SERP's were not better than most of the jenna lewis sites on the web right now, so I don't see why it'd put me specifically in the spotlight.

Also contact your host and see if they were contacted. That will give you an idea of what is really going on.

So lawyers have to send cease and desist letters? An ordinary person cannot get one drafted by a lawyer and send it themselves legally? So, what does it mean if he is not a lawyer and he is sending it? Also...what does it mean about ALL of the whois info being incorrect for realitytail.net?

He emailed me at 5:30 btw...i emailed him back at 6:30...my deadline was for 5pm and it was set at 2:30 pm today.

Why do you think that guy owns realitytail? He said in the email that realitytail had to settle for mid six figures.

Oh, also...these are the other people he sent the 1st email to:
[email protected] [email protected] [email protected] ; [email protected] ; [email protected] ; [email protected] >; [email protected] ; [email protected]

I don't get it...this matter doesn't have anything to do with ccbill or mastercard

Double check ... C&D by email ? that happens but rarely (well we got one from google actually) ...

but make sure he is in his rights

THE GUY NEVER SAID HE WAS AN ATTORNEY. He said he was there manager, and that he instructed their attorneys to go after you. I dont know why people here are posting things about him not being an attorney because he didnt do certain things, of course he's not an attorney.

I figured that he meant that since he owned realitytail, I was basically taking away his money/competition and that he had to settle out of court and so he basically wants to get back at me...it was my own thinking...probably wrong about that.

LOL.. so people didnt pay for it through Visa or Mastercard? He's trying to get them to shutdown your billing genius.

No... he was saying that he sued realitytail and they had to pay him and Jenna Lewis mid 6 figures to settle.... and so will you.

it's not my billing though...i was using a link to an affiliate program.

as far as i know a C n D must be sent through federal mail.

anyone can email you anything.

ive gotten C and Ds and they always come in the mail, i have never gotten one in my email.

Well all of that is irrelevant, they are suing you.

This is probably a stupid question, so I apologize in advance, but is it required that they send a cease and desist for a situation like this before they file any litigations or is the cease and desist just kind of a happy way about giving someone a last chance?

Talk to a lawyer, and dont believe anything said on GFY.

lol :1orglaugh


I think it's real.

And thats what makes it so hillarious.

If they want to win , a c and d is a good start on the road to suing. That way they can say your honor we sent a c and d to Mr. Mpegs on 8/30 he recieved and signed for it on 9/03 . He ignored it and drove us to take legal action.

IMO, I would think that anyone that goes the route that the person abvove did is trying to cut corners & save a buck or two.

And how are you going to give someone a few hours to take something down when you haven't even established contact with them??

That's the part that cracks me up.

Newest email...received just now:
Mr My name,


I have received your phone message. Though I appreciate your eagerness to talk I strongly suggest retaining legal counsel. My clients are in the entertainment industry; their likeness is their livelihood of which you have egregiously infringed upon. They will be seeking a monetary remedy.

I will discuss your offer to settle this as you proposed below. Prior to any serious consideration on their behalf and before I even halt the drafting of their complaint and I must have full knowledge of your site(s) history.

Furthermore, they will only consider acquiring the site(s) fully and their content and programs (shared or affiliate) NOT JUST THE URLs. My clients may elect to sell them off in the future. This is the only proposal I would consider bringing to them. If this is feasible let me know ASAP. I will then forward your technical information to a specialist for revue.

If this is not a consideration we have nothing further to discuss.


Nothing in this email constitutes a release of liability or claim. Nothing in this email should be perceived as a current or future claims waiver. My clients reserve comment and do not waive any portion of their legal right(s).

Asking for legal advice on GFY is like.............hell I can´t find anything that even compares.


Get yourself legal advice from a lawyer so you are sure your ass is covered.

I would like to know what to write in response. I am willing to give up any of my jenna lewis domains, but the domains in question were only html files created for search engines...ex. http://www.mydomain.com/jenna_lewis_porn.html or whatever. I cannot give up one of those domain names, considering it consists of a lot of my business files. Any suggestions on what to say?

:: shakes head :: :1orglaugh :helpme


Go get an attorney, right now.

if it was legit, the manager wouldnt be emailing you with threats, and mentioning settling/giving up domains..

i think its bullshit but speak to a lawyer.

stop fucking talking to him too.

lawyers only

Just spoke to him on the phone...errr...I'm pissed about that 5 pm deadline shit...

:1orglaugh

DUDE! Get a lawyer, you are stupid as fuck for even contacting them. You should NEVER contact them. It should all be done through your lawyer.

Nah.... he's using posturing words like "egregiously" and look who he's the manager OF. I think it's legit.

I'd be willing to bet that there were far bigger "celebs" on that site that someone trying to scare/trick someone could have used.



If it were me, the only thing I would say at this point, via email, if I were to say ANYTHING (which I probably wouldn't.. I would have my attorney on it from step 1) would be:


"If you have a specific complaint, request or demand, I would like to request that you send it in a more traditional method (i.e., registered USPS mail) on the letterhead of your company or that of your legal representative(s) so that I can have my my own legal counsel review it.


Best Regards,


Joe Blow

1234 Joe Blow Dr.
Blowville, KY 12345
"

what fletch said.

a c&d is just a letter saying "we'll sue if you dont stop doing [insert whatever here] and is not filed with a court either.

Call AJ Comparetto 727.328.7900 He is in FL , a very good lawyer and cool guy .He is also not crazy expensive besides adult he does entertainment law so he knows both. . Tell him Tony404 sent you, he will take good care of you .