[CIMC-work] Fw: [Imc-legal] [iplaw@walkerandjocke.com: Copyright Infringement Notification]

Mon Oct 13 20:30:30 PDT 2003

----- Original Message -----
From: "Shayne O'Neill" <shayne at guild.murdoch.edu.au>
To: "micah" <micah at indymedia.org>
Cc: <imc-legal at lists.indymedia.org>
Sent: Saturday, October 11, 2003 4:26 AM
Subject: Re: [Imc-legal] [iplaw at walkerandjocke.com: Copyright Infringement
Notification]


>
> I think its incredibly important that these people are instructed to go
> and fuck themselves.
>
> Something like this;-
>
> Dear sir / madam,
>
> In response to your request,
>
> No.
>
> Also. Please contemplate euthenasia.
>
> Yours sincerely.
>
>
> Serioiusly. Just ridicule the idiots. The Murdoch-U media collective
> recently got cease-and-desisted (actually a year ago) , and we just posted
> it to the front page and launched a cease-and-desist haiku contest.
>
> Stuff like;-
>
> Please take down the post.
> It contains defamation.
> Satan spreads his wings.
>
> Like the sun above.
> It must fade into the night.
> So to with your post.
>
> You get the idea. Tactical embarassment.
>
> Shayne.
>
> ------------------------------------
> "Must not Sleep! Must warn others!"
> -Aesop.
> Shayne O'Neill. Indymedia. Fun.
> http://www.perthimc.asn.au
>
> On Fri, 10 Oct 2003, micah wrote:
>
> > This is pretty serious!
> >
> > micah
> >
> > ----- Forwarded message from Walker & Jocke
<iplaw at walkerandjocke.com> -----
> >
> > Date: Fri, 10 Oct 2003 13:38:00 -0400
> > From: Walker & Jocke <iplaw at walkerandjocke.com>
> > X-Mailer: Mozilla 4.79 [en] (Windows NT 5.0; U)
> > To: abuse at speakeasy.net
> > Cc: abuse at indymedia.org, help at indymedia.org
> > Subject: Copyright Infringement Notification
> >
> > October 10, 2003
> >
> > Abe Usetonsen, Support
> > SPEAKEASY.net, Speakeasy Network
> > 2222 Second Ave,
> > Seattle,  WA  98121
> >
> > abuse at speakeasy.net
> >
> > Re:    Copyright Infringement
> >
> > Dear Mr. Usetonsen:
> >
> > We represent Diebold, Incorporated and its wholly owned subsidiaries
> > Diebold Election Systems, Inc., and Diebold Election Systems ULC
> > (collectively "Diebold").
> >
> > Diebold is the owner of copyrights in certain software and documentation
> > relating to its electronic voting machines and in certain correspondence
> > and other material relating to its electronic voting machines that was
> > stolen from a Diebold computer ("Diebold Property").
> >
> > It has recently come to our clients' attention that you appear to be
> > providing a DSL connection for a web site that contains information
> > location tools that refer or link users to one or more online
> > location(s) containing Diebold Property.  The material and activities at
> > the online location(s) infringe Diebold?s copyrights in the Diebold
> > Property because the Diebold Property was copied and posted to the
> > online location(s), and is being publicly displayed at and distributed
> > from the online location(s), without Diebold?s consent.  The web site to
> > which you provide a DSL connection clearly infringes Diebold's
> > copyrights by providing information location tools that refer or link
> > users of the web site to an online location containing infringing
> > material or activity.  See 17 U.S.C. 512(d).
> >
> > This is the second notification to you within the last week regarding
> > material posted at indymedia.org.  In addressing this matter, please
> > bear in mind that this is repeat infringement in a very short period by
> > the same web site.
> >
> > The web site, Diebold Property, information location tools, and online
> > location(s) are identified follows this letter.
> >
> > The purpose of this letter is to advise you of our clients' rights and
> > to seek your agreement to the following:  to require your client to
> > disable or remove the information location tool(s) identified in the
> > attached chart.  Please ensure that their actions destroy the
> > usefulness, as information location tools, of any textual director,
> > index, hypertext link, pointer, or similar items.
> >
> > Please confirm, in writing, that you have complied with the above
> > requests.
> >
> > To the best of my knowledge and belief, the information contained in
> > this notification is accurate as of the time of compilation and, under
> > penalty of perjury, I certify that I am authorized to act on behalf of
> > Diebold.
> >
> > Our clients reserve their position insofar as costs and damages caused
> > by the infringement of Diebold?s copyrights in the Diebold Property,
> > including by the unauthorized reproduction, public display, and
> > distribution of the Diebold Property and by the provision of
> > information location tools that direct or link users to infringing
> > online locations.  Our clients also reserve their right to seek
> > injunctive relief to prevent further infringing activity with respect to
> > the Diebold, pending your response to this letter. We suggest you
> > contact your legal advisors to obtain legal advice as to your position.
> >
> > We await your response within 24 hours.
> >
> > Very truly yours,
> >
> > Ralph E. Jocke
> >
> >
> >
> > INFORMATION LOCATION TOOLS (Links) CONTAINED ON www.indymedia.org,
> > LINKING OR DIRECTING THE USER TO INFRINGING MATERIAL OR ACTIVITY AT AN
> > ONLINE LOCATION
> >
> > Page:  http://italy.indymedia.org/news/2003/10/398377.php
> > Link:  http://d176.whartonab.swarthmore.edu/
> > Locating Information:  Link follows the caption near the bottom of the
> > page:  "Diebold keeps knocking these servers down, here's a link -
> > download and mirror! "
> > Links to infringing material or activity at:
> > http://d176.whartonab.swarthmore.edu/ (Link to page which links to
> > Diebold?s Property, posted without Diebold?s consent, and which
> > encourages users to ?take copies of this data and
> > redistribute...?)
> >
> > Page:  http://italy.indymedia.org/news/2003/10/398377.php
> > Link: http://d176.whartonab.swarthmore.edu/diebold_internalmemos.pdf
> > Locating Information:  Link follows the caption near the bottom of the
> > page:  "or get it directly: "
> > Links to infringing material or activity at:
> > http://d176.whartonab.swarthmore.edu/diebold_internalmemos.pdf  (Link to
> > page containing
> > Diebold?s Property, posted without Diebold?s consent, and which
> > encourages users to ?take copies of this data and
> > redistribute...?)
> >
> > Page:  http://italy.indymedia.org/news/2003/10/398377.php
> > Link:  Now Mirrored on Freenet
> > Locating Information:  Link is in comment chart at the bottom of the
> > page, posted by Freenet LOver
> > Links to infringing material or activity at:
> > http://italy.indymedia.org//news/2003/10/398377_comment.php#398388
> > (Information in comment directs users to an online location containing
> > Diebold Property, without Diebold's permission)
> >
> > Page:   http://italy.indymedia.org/news/2003/10/398377.php
> > Link:   http://www.sentry.nu/s/lists/
> > Locating Information:  After ?The following is a link to the
> > incriminating stash of Diebold Election Systems memos...
> > please take copies of this data and redistribute...?
> > Links to infringing material or activity at:
> > http://www.sentry.nu/s/lists/ (Contains Diebold Property, posted without
> >
> > Diebold?s consent)
> >
> > --
> > Walker & Jocke
> > http://www.walkerandjocke.com
> >
> > The information contained in this e-mail message is confidential and
> > intended for the use of the individual or entity named above.  If the
> > reader of this message is not the intended recipient, you are hereby
> > notified that any dissemination, distribution or copy of this
> > communication is strictly prohibited and will be considered as a
> > tortious interference in our confidential business relationships.  If
> > you have received this communication in error, please immediately notify
> > us by telephone at (330) 721-0000 and destroy all copies of the e-mail.
> > Thank you.
> >
> >
> >
> > ----- End forwarded message -----
> > _______________________________________________
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> > Imc-legal at lists.indymedia.org
> > http://lists.indymedia.org/mailman/listinfo/imc-legal
> >
>
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