December 8, 2009

DMCA Jedi, issue #02 - "The Legal Counsel"

Looks like we've got us another DMCA Jedi - The Legal Counsel[tm].

What is funny about this one is that he not only sends anonymous @yahoo.com letters - he even tries to forge US Patent Office records!

Here goes:

December 8, 2009

To:     legal@bitsnoop.com

From:   Art of Living Foundation
       [private]@yahoo.com
       Legal Counsel

Re:     Violation of the  Digital Millennium Copyright Act ("DMCA") and Exclusive Licensing Authority. Notice to Remove Content / Cease and Desist.

Violation of the  Digital Millennium Copyright Act ("DMCA")

This is to let you know that you are in violation of the Digital Millennium Copyright Act ("DMCA") by posting our copyrighted materials.

You must remove these to comply with the Digital Millennium Copyright Act ("DMCA") and international copyright laws.

We presume this notice will cause you to respond to this infringement notice and take appropriate actions under enforceable intellectual property laws. You must close out all access to our materials through your website or be subject to litigation.

The Art of Living Foundation is the registered owner of the Sudarshan Kriya trade name and wants this material removed. We are providing this written communication with exact references to the content we claim ownership to.

 Here is a list of content we want removed. We do not have access to your site and cannot provide the url where the content can be accessed. That information is obviously part of your system.

Please remove the following from your:

1.      Sudarshan Kriya References used for commercial purposes
2.      Sudarshan Kriya talks
3.      Sudarshan Kriya download
4.      Sudarshan Kriya torrent

Evidence that Art of Living Foundation owns the copyright to this content or evidence that I am a representative of the person/company owning the content.

Here are the registration information from the US Patent Office:

This page was generated by the TARR system on 2008-12-10 14:09:43 ET
Serial Number:                  77033509
Registration Number:            3535838
Mark (words only):                      SUDARSHAN KRIYA
Standard Character claim:               Yes
Current Status:                         Registered.
Date of Status:                         2008-11-25
Filing Date:                            2006-10-31
Registration Date:                      2008-11-25
Register:                               Principal: Art of Living Foundation
     Contact Info:                           [private]@yahoo.com

We are sure that you will act on this removal requests within 48 hours. We have provided the information required under the DMCA and ask for your affirmation that you will remove requested content from the index in a timely manner.

Notice to Remove Content / Cease and Desist.

Your site has posted references and facilitates downloads for pay from an audio file designated Sudarshan Kriya. The Foundation is the legal owner of the Sudarshan Kriya process and practices and holds the exclusive authority to license its release. The posted material is the private property of the Foundation and is protected by law so that release must be pre approved. This audio tape involves trade secret materials that the Foundation seeks to protect and keep out of the public arena. Proper use required professional training and the guidance of knowledgeable persons. The Kriya that you are publishing was taken without permission from our organization and issued on your site without licensing authority.

Your organization is promoting the unlawful distribution of this material in violation of the Foundation’s rights and interests. This is in violation of various federal laws and protections.

We insist that you stop posting this material immediately. We also insist that you agree not to post this material in the future. To protect the Foundations’ rights and privacy, please cease and desist from carrying this audio material. We ask you to immediately take the torrent down so that no one can access it from your site.

I also ask you to provide the source of the torrent so that I can send cease and desist instructions directly to the offender who inappropriately took the material without authority.

With your cooperation, this matter can be addressed swiftly without serious repercussions. Please respond promptly so that we can assure a meeting of the minds on these efforts to protect the legal interests of the Foundation. Failure to confirm receipt and failure to take the simple and honorable to protect our property may result in further legal action.

If you have questions or comments, please contact me at [private]@yahoo.com .

Thank you for your understanding and compliance.

[private]


What a nerve! Our response:

Hello [private] and thanks for your letter!

> Legal Counsel
Are you sure?

> We do not have access to your site and cannot provide the url where the content can be accessed. That information is obviously part of your system.

http://www.chillingeffects.org/dmca512/faq.cgi#QID130

> In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:
> The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
> The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)]. Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
> A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
> A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

> We have provided the information required under the DMCA and ask for your affirmation that you will remove requested content from the index in a timely manner.

You have not. Obviously you're not familiar with DMCA at all.

> Here are the registration information from the US Patent Office:

Hmm...
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77033509

You've forged the information by adding your yahoo.com address. Nice one.

> Your site has posted references and facilitates downloads for pay from an audio file designated Sudarshan Kriya.

We do not provide anything for pay.

> I also ask you to provide the source of the torrent so that I can send cease and desist instructions directly to the offender who inappropriately took the material without authority.

List of our sources: http://www.google.com/search?q=SUDARSHAN+KRIYA+torrent

Please read http://bitsnoop.com/info/legal.html

Thank you for your understanding and compliance.

P.S. Your letter will be posted in our blog (sans personal info).


To be continued, this one sure looks promising!

1 comment:

  1. Copyright lawyers (and people pretending to be them, it's not hard) can be so stupid.

    ReplyDelete