plea for help - copyright lawyer needed

Bamfette · Post by **Bamfette** » Thu Jan 06, 2005 6:09 am

ah, about time...

Hello Ms. Johansen,

The owner of the Angelfire member site found at:

http://www.faerywoods.com/ AKA
http://www.angelfire.com/jazz/faerywoods/

- has been informed of your complaint and advised to remove the
infringing images from their site directory within three business days,
Monday January 10, 2005. If they do not comply, their site will be
removed. In accordance with the DMCA they will be given the opportunity
to contest this action.

I have included a copy of my warning to them below.

Please feel free to contact me with any questions you may have.

Sincerely,

Sam
Registered Copyright Agent
The Lycos Network
copyright@lycos-inc.com
http://reportabuse.lycos.com

#############################################################

THREE BUSINESS DAY WARNING - ISSUED TO SITE OWNER JANUARY 5, 2005

It has been brought to the attention of the Lycos Copyright Office by
Ms. Jill Johansen, that your site:

http://www.faerywoods.com/ AKA
http://www.angelfire.com/jazz/faerywoods/

- is using images for which you have not been given permission. The
images in question are mentioned in detail in the original Notice of
Infringement, provided below, beneath my signature.

In order to resolve this issue as soon as possible and to minimize the
liability of Lycos, Inc., we must ask that you remove said images from
your Angelfire site until such time that the matter has been settled
between you and the claimed intellectual property owner.

We would like to help you keep this site up, so please remove these
images within three business days, Monday January 10, 2005 and confirm
you have done so by replying to this e-mail. If the images have not
been removed from your site directory at that time, we will have no
choice but to close your account.

I have included a copy of the original complaint below. In the event
that you elect to contest this action, feel free to contact me, and I
will send you guidelines so that you may do so.

Please feel free to contact me with any questions you may have.

Sincerely,

Sam
Registered Copyright Agent
The Lycos Network
copyright@lycos-inc.com
http://reportabuse.lycos.com

my message to her was cut becuase it's quite long, and you all know what was said anyway, just not in the legalese.

Post by **HoodedMan** » Thu Jan 06, 2005 12:46 pm

... so please remove these
images within three business days, Monday January 10, 2005 and confirm
you have done so by replying to this e-mail. If the images have not
been removed from your site directory at that time, we will have no
choice but to close your account.

Most excellent! I'm glad you could get this worked out, it'll be interesting to see what's happened on her site by Monday. I would be amused if she chooses to contest the action; it would be virtual suicide for her, there's no way she could win. :x

Post by **HoodedMan** » Sun Jan 09, 2005 9:08 pm

I am glad to announce that it the pages on her site are gone. Sapphire points to a page that has been removed, though Sleepy has not.

Congratulations, Bamfette! I'm glad that you could get this resolved.

Bamfette · Post by **Bamfette** » Sun Jan 09, 2005 9:17 pm

don't forget she'd done this once before. she's either deleted, or most likely re named the files, but last time, she just put it back up a little while later, so it has to be watched. especially since she's left the link to the page. but now she has a history with her host, so the next time, i somehow doubt they'd give a warning, just *poof* deleted/locked if i were to report it again

but, if sleepy's still there, her whole site is toast come tomorrow anyway, becuase she clearly did not read the infringement notice closely enough to see that that one's removal was required as well, so it probably doesn't matter a whole lot.

Post by **HoodedMan** » Mon Jan 10, 2005 4:32 pm

Originally posted by Bamfette
don't forget she'd done this once before. she's either deleted, or most likely re named the files, but last time, she just put it back up a little while later, so it has to be watched.

Absolutely, and I can leave a program running that'll do that. If she just renamed the files, however, she still has infringing content that Lycos at the least can see and the renamed pages will (or should be) destroyed.

Originally posted by Bamfette
but now she has a history with her host, so the next time, i somehow doubt they'd give a warning, just *poof* deleted/locked if i were to report it again

but, if sleepy's still there, her whole site is toast come tomorrow anyway, becuase she clearly did not read the infringement notice closely enough to see that that one's removal was required as well, so it probably doesn't matter a whole lot.

Indeed; if she continues to put up the page, it's up to Lycos what to do; just send another infringement notice and if you want I can modify the template I gave you to ask for a harsher consequence since it's happened before.

Her whole site is not necessarily toast unless that's Lycos policy. The infringement notification asked for destruction of those two specific pages and for links to them to be rendered useless, not her entire site.

Bamfette · Post by **Bamfette** » Mon Jan 10, 2005 4:45 pm

Lycos did say in their letter to Michelle that if she did not remove the images by today, her ENTIRE site was going to be deleted. so it would appear that is their policy.... and she has now removed 'Sleepy', but not the link. hmmm...

Post by **steyn** » Thu Jan 20, 2005 2:44 pm

wow, this is more exciting than Bold and the Beautifull.

Panz · Post by **Panz** » Sun Jan 23, 2005 12:41 am

This might help

This site may be able to help you Bamfette. I don't know much about the legal side of things.

:

Bamfette · Post by **Bamfette** » Sun Jan 23, 2005 6:34 am

the site looks very usefull, thanks Panz,i will keep it bookmarked. however in this case, it's over, the images are removed, and have not made a comeback (at least not so far)