February 27, 2007
CEASE AND DESIST NOTICE
To: Monmouth RastaMan
At: www.MonmouthRastaMan.blogspot.com
Re: Copyright Infringement against Justified Right, LLC
Dear Monmouth RastaMan,
We represent Justified Right, LLC and are authorized to act on their behalf to investigate and take legal action with respect to the unauthorized dissemination of Justified Right, LLC’s copyrighted material. It has come to our attention that you have posted a photograph of Thomas De Seno, Esq. on your website entitled www.MonmouthRastaman.blogspot.com. The post in question is located at http://monmouthrastaman.blogspot.com/2007/02/bring-it-tom-deseno.html.
The photograph displayed on your website is copyrighted by Justified Right, LLC, and copyright law 17 USC Section 102 et seq. explicitly prohibits unauthorized display and distribution of copyrighted works.
Justified Right, LLC therefore demands that you remove this copyrighted material from your website and refrain from facilitating the further dissemination of Justified Right, LLC’s copyrighted material, by removing the photograph and the link to http://monmouthrastaman.blogspot.com/2007/02/bring-it-tom-deseno.html, where the photograph is being distributed.
In light of this, Justified Right, LLC demands that you provide this law firm at the address above, written confirmation no later than March 04, 2007 by 5 p.m. Eastern Standard time, that you have taken the following steps:
1. You have disabled or terminated all display of the photograph of Thomas De Seno, Esq. at any website that you own or control.
2. You have requested the disabling or termination of any other display of the photograph of Thomas De Seno, Esq. at any website that you are associated with, but which you do not control.
3. You have destroyed all copies you have made of the photograph of Thomas De Seno, Esq.
4. You agree never in the future to publish any copyrighted material owned by Justified Right, LLC.
5. You supply us with the name and address of the owner of the website www.MonmouthRastaman.blogspot.com, as well as the name and address of the person or persons responsible for posting the contents found at http://monmouthrastaman.blogspot.com/2007/02/bring-it-tom-deseno.html.
Should you fail to comply with any of the above demands by the date stated, we will file suit against you immediately. NOTE WELL: Should the time expire, even if you comply at that time, we will file suit and pursue you anyway. There is no turning back after the stated date and time.
Also be advised: Should you fail to comply by the above stated date and time, we will notify both Google and its wholly owned subsidiary Blogger, pursuant to Title II of the Digital Millennium Copyright Act ("DMCA"), namely, the Online Copyright Infringement Liability Act, that certain copyright infringing materials are being hosted by them in their capacity as an online service provider ("OSP").
Pursuant thereto we will exercise our right to demand that Google and Blogger cancel your account, remove your website and enjoin you from further web hosting by their companies.
In the event that you promptly comply with these demands, Justified Right, LLC is willing to waive its various claims against you, which include, without limitation, copyright infringement, trademark infringement, trademark dilution, and unfair competition. Please bear in mind that if you fail to comply with Justified Right, LLC’s demands herein, Justified Right, LLC will be entitled to recover from you a judgment for all of your profits in connection with any infringement, lost sales and profits by Justified Right, LLC, all compensatory damages, statutory damages, treble damages, punitive damages, reasonable attorney's fees and costs of suit, as well as a permanent injunction against you.
We trust that after you have reviewed this matter, you will conclude that the better course is to promptly comply with Justified Right, LLC’s demands herein. However, to the extent you do not so comply, please be advised that this letter is without prejudice to any rights and remedies Justified Right, LLC may have.
Please be guided accordingly.
Very truly yours,
Thomas De Seno
PS RastaMan: Contrary to your web post about me, this isn’t ambulance chasing; this is hardball.
TDS/mys
CC: Justified Right, LLC
Let Me Count the Ways
1 day ago
Posts
5 comments:
you know, it would be worth it to put together an online discussion about just what should be and shouldn't be acceptable in blogging...recommendations and ideas.
e.g. anonymity -- probably necessary for some; off-color posts -- should probably not get light if unqualified about categories like A, B, or C; comment moderation -- a big safety tip?
this is the kind of stuff that starts to create something like an idea of standards in people. boycotting these people is something that should naturally occur because a better product is available elsewhere.
what do y'all think?
DeSeno better hone up on "fair use" standards.
Tommy D sounds allot like Honest Abe
Tommy D sounds allot like Honest Abe
Especially the HONEST part.
Well, I'm not Tommy D, but I wholly support him in this matter.
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