Wahoo! I got my very first Copyright Infringement! I feel so special. Seems that fake ass photoshopped “newsclipping” of John Fuckface Kerry� (KdT) and Hanoi Jane...the one that Snopes says is PHOTOSHOPPED! FAKE AS HELL! has a copyright on the underlying photo, (the one of just Hanoi Jane) and they’s a tad pissed off that it’s on my site.
Considering that practically the entire planet has already seen it, (as it is ALL OVER THE INTERNET, not just here....I got it off another site....which I will not name), nor did I alter the image in any way, shape or form, I think the whole thing is hilarious.
Anyhoo, because my host, Hosting Matters is the best hosting company out there, I will adhere to their e-mail and remove the image immediately. I love the letter they sent....it just makes me love Hosting Matters that much more. (For once, I’m not being sarcastic, I really love HM.)
I was going to put their letter, (the “owners"), in my extended entry but I don’t want to make them cry upset them further. However, I am more than delighted to send it to you in an email if you are far too curious.
February 23, 2004
VIA EMAIL AND U.S. MAIL
Hosting Matters
xxxxxxxxxxxx
Jacksonville, FL xxxxx
USA
RE: http://www.serenitysjournal.com
Matter ID: 14-0486/John Kerry/Jane Fonda Image
Dear Administrator:
[Some Company] Corporation hereby: (1) notifies Hosting Matters of infringements of [Some Company’s] copyrights by your client operating at http://www.serenitysjournal.com and (2) demand the expeditious removal of or prevention of access to http://www.serenitysjournal.com�s infringing material, as identified below. In the event Hosting Matters does not comply with these demands, [Some Company] reserves its right to take all appropriate action against Hosting Matters, which may include, but is not limited to, claims of direct and contributory copyright infringement.
Whether or not your client has a designated agent with United States Copyright Office and/or, if appropriate listed the proscribed contact information on Hosting Matters�s publicly accessible web site to receive notices of infringement as a means to limit its liability for such infringements, as provided for by the DMCA, 17 � U.S.C. 512(c), and despite of whether of not you are entitled to any such statutory limitations on its liability, we nonetheless hereby provide Hosting Matters the following DMCA-proscribed Notification:
(1) Your client has infringed and continues to infringe copyrighted works, to which [Some Company] and its photographers� own the exclusive right to reproduce, adapt, display and distribute, including, but not limited to, [Some Company’s] images;
(2) Your client�s infringing material is currently reproduced, adapted, displayed and distributed through its http://www.serenitysjournal.com web site, and consists of, but is not limited to, [Some Company’s] images and unauthorized derivatives of those images, all of which are literal or substantially similar copies of works which [Some Company] and its photographers� own exclusive rights to reproduce, adapt, display, distribute.
Your client�s current infringements are located at the following Uniform Resource
Locators (�URLs�):
http://www.serenitysjournal.com/archives/000654.html
http://www.serenitysjournal.com/archives/images/hanoijohn.jpg
http://www.serenitysjournal.com/images/hanoijohn.jpg
(3) We believe in good faith that: (a) the material described in subparagraph (2)
above infringes the copyrights in the materials described in subparagraph (1)
above, and that (b) your client�s reproduction, adaptation, display and distribution of the materials described in subparagraph (1) above is not authorized by the copyright or intellectual property owner, its agents or the law;
(4) The undersigned states that the information in this Notification is accurate, and under penalty of perjury, that the undersigned is authorized to act on behalf of copyright or intellectual property owner, who owns the exclusive rights to reproduce, adapt, display, create derivatives, and distribute the material described in subparagraph (2) above;
(5) You may contact us at the following addresses:
xxxxx xxxxxxx
[Some Company] � Legal Department
xxx xxxxxx Avenue, Suite xxx
Seattle, WA xxxxx-xxxx
Direct: (206) xxx-xxxx
Fax: (206) xxx-xxxx
Email: xxxxx.xxxxxxx@xxxxxx.com
Whether or not your client is entitled to any such statutory limitations on its liability, Hosting Matters�s expeditious removal of or prevention of access to the above-described infringing material may result in limiting Hosting Matters�s liability for its direct involvement in and contribution to the above-described infringements.
We look forward to your prompt compliance.
Very truly yours,
xxxxx xxxxxxx
[Some Company]
Legal Department
Oh look! They’re located in Seattle! You think they got pissy because I’m always writing about how much SEATTLE SUCKS DONKEY COCK? Or do you think it’s because the photo makes their phony ass little wanna-be hero look like the traitor that he truly is?
Or both!
Anyway, this: ..."(b) your client�s reproduction, adaptation, display and distribution of the materials..." isn’t entirely true.
I displayed. I did not reproduce, adapt or distribute the material. I merely displayed. But of course, pus sucking lawyers always try to put the fear into the “little people” so I have a message for them since I’m positive they will be checking up on me:
The ONLY reason I removed this was out of respect for Hosting Matters. I could give a damn about your “mean and nasty, that’ll show ‘em” letter.
<--- Here Endeth The Lesson
