Anyone know if an individual can send a C&D?

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  • undermyspell
    Confirmed User
    • Sep 2002
    • 875

    #1

    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
  • brizzad
    holla
    • Jul 2003
    • 11769

    #2
    links?

    Comment

    • detoxed
      vip member
      • Jan 2003
      • 17798

      #3
      There is no such thing as a valid or invalid C&D, its just a letter saying stop.

      Comment

      • undermyspell
        Confirmed User
        • Sep 2002
        • 875

        #4
        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

        Comment

        • undermyspell
          Confirmed User
          • Sep 2002
          • 875

          #5
          so detoxed if the C&D isn't complied with then next step is legal action.. right?

          Comment

          • detoxed
            vip member
            • Jan 2003
            • 17798

            #6
            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

            Comment

            • undermyspell
              Confirmed User
              • Sep 2002
              • 875

              #7
              thank you

              Comment

              • JulianSosa
                Confirmed User
                • Aug 2003
                • 3042

                #8
                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

                Comment

                • baddog
                  So Fucking Banned
                  • Apr 2001
                  • 107089

                  #9
                  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.

                  Comment

                  • baddog
                    So Fucking Banned
                    • Apr 2001
                    • 107089

                    #10
                    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

                    Comment

                    • undermyspell
                      Confirmed User
                      • Sep 2002
                      • 875

                      #11
                      thank you even more bd... have any copies of C&D's laying around? I know you have written a few in your time

                      Comment

                      • JulianSosa
                        Confirmed User
                        • Aug 2003
                        • 3042

                        #12
                        Originally posted by baddog
                        a C&D is not mandatory, it is a courtesy

                        Exactly

                        Comment

                        • detoxed
                          vip member
                          • Jan 2003
                          • 17798

                          #13
                          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.

                          Comment

                          • baddog
                            So Fucking Banned
                            • Apr 2001
                            • 107089

                            #14
                            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

                            Comment

                            • Kard63
                              Confirmed User
                              • Nov 2003
                              • 8944

                              #15
                              Originally posted by detoxed
                              There is no such thing as a valid or invalid C&D, its just a letter saying stop.

                              Comment

                              • Holly
                                Too lazy to set a custom title
                                • Jun 2003
                                • 10017

                                #16
                                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

                                Comment

                                • Mike Okitch
                                  Confirmed User
                                  • May 2004
                                  • 4126

                                  #17
                                  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
                                  ?
                                  SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

                                  Comment

                                  • baddog
                                    So Fucking Banned
                                    • Apr 2001
                                    • 107089

                                    #18
                                    Originally posted by Mike Okitch
                                    ?
                                    very good, you hit the nail on the head

                                    Comment

                                    • baddog
                                      So Fucking Banned
                                      • Apr 2001
                                      • 107089

                                      #19
                                      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

                                      Comment

                                      • latinasojourn
                                        Confirmed User
                                        • Oct 2003
                                        • 3191

                                        #20
                                        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.

                                        Comment

                                        • media
                                          Confirmed Moneymaker
                                          • Apr 2002
                                          • 9853

                                          #21
                                          Be sure it's sent via registered mail and require a signature....
                                          I'm here for the violence!

                                          Comment

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