Showing posts with label dmca jedi. Show all posts
Showing posts with label dmca jedi. Show all posts

September 8, 2010

Mr. "Unlimited Resources" - Part 2

And yet more exchange with Mr. Carl Amari:


https://bitsnoop.com/search/all/twilight+zone+radio/c/d/1/
1, 2, 3, 5 and 7

https://bitsnoop.com/twilight-zone-radio-q9656487.html
1, 2 and 3 of the above link.

I hope we meet face-to-face someday I'll show you who the moron is moron. And if TWILIGHT ZONE RADIO DRAMAS is ever up on your site again or any sites you control, I will not warn you again - you have been warned already and CBS and I will just file.
Carl Amari


Notice how nice he is? Physical threats, legal threats, "if ever...then else" threats.

And the reply:

Dearest Carl!

With deepest regret we have to inform you that these URLs do not
contain download links and cannot violate anyone's rights.

Download links might be present at torrent "detail" pages. Possibly
one's failure to read and understand
https://bitsnoop.com/info/dmca.html might lead to such unfortunate
outcome.

Also please kindly send us copyright registration info (in Sweden) on
the content you claim that you own.

> I'll show you who the moron is moron.

After reading this "who the moron is moron" I have no doubts who is
really the moron here. :-)

> And if TWILIGHT ZONE RADIO DRAMAS is ever up on your site again or any sites you control, I will not warn you again - you have been warned already and CBS and I will just file.

Do it already, would you?

P.S. Сongrats on making it to our "DMCA Jedi" blog series:
https://blog.bitsnoop.com/search/label/dmca%20jedi

Mr. "I have unlimited resources"

It's not a secret that there are copyright laws we're forced to live by.

It's not a secret that Bitsnoop gets on average 30 emails per day with DMCA notices to remove specific torrents - we index millions of them, so some copyrighted stuff manages to sneak into the index.

We usually remove torrents in a timely manner, as long as the notice we recive is not written by a complete moron.

Here's one of such notices and the following email exchange:

from Carl Amari
to legal@bitsnoop.com
subject Removing my copyrighted materials of THE TWILIGHT ZONE RADIO DRAMAS

You are offering my copyrighted shows illegally, they are THE TWILIGHT ZONE RADIO DRAMAS which are owned by me and CBS Enterprises. This is a demand for you to remove them now and for good. If they are not removed this week and confirmed to me in an email at camari@falconpicturegroup.com I will instruct my attorney William Kummerer at Vedder Price in Chicago to use every avenue of the law to protect my rights which are being copyright infringed while also seeking damages. These shows are clearly copyright protected both in print on the CDs and via announcement as such by the announcer at the end of each episode. Why then would you so willingly and blatantly infringe on my copyrights? As I say if they are not removed this week, I will use the courts to protect my rights. Confirm this to me at camari@falconpicturegroup.com

Sincerely,

Carl Amari
Producer
The Twilight Zone radio dramas
CEO
Falcon Picture Group, LLC
1051 E. Main Street
Suite 105
East Dundee, IL 60118
1-847-428-7355 ext. 222


He is not able to specify what content should be removed and opens conversation with legal threats.

Nice, eh?

Also we really like "courts" - sounds like a proper way to protect "stuffs" on the "internets".

The reply is pretty standard:

Please read: https://bitsnoop.com/info/dmca.html - it is in English and
is written in simple words.

> As I say if they are not removed this week, I will use the courts to protect my rights.

Bring it on.


Obviously he's too important to respect stupid laws and even read rules he's asked to follow:

So you are refusing to remove my copyrighted materials under some guise that you don't host the materials. That might work with others but it won't work with me you are nothing but a bootlegger, pirate and infringer. Why don't you try actually creating something someday as opposed to just stealing other people's work. But that would mean you'd have to be creative and actually do something worthwhile. See you in court and I have unlimited resources as the co-owner in TWILIGHT ZONE radio dramas is CBS.

Now that is insulting - Bitsnoop is a work of art, and developing it is several magnitudes more complicated than "producing" (paying money to writers and actors) some radio shows.

Also we like "unlimited resources" thing - clearly Forbes is stupid for not including this guy in billionaire listings. Here's his profile by the way: https://www.falconpicturegroup.com/AboutUs.html

Hence the reply:

Hello,

You cannot read English? Have trouble understanding English?

Short version: SEND URLS TO REMOVE.

Since you've taken "copyright-abusing moron" stance - please send
copyright registration info for the content you claim that you own.

Cheers!


This is a developing story, stay tuned!

August 17, 2010

Kaspersky tries to claim their rights on... something? We're like "WTF?"

Now this is something new!

We really have no idea, what they are smoking there.

Notice the copy-paste legal-sounding-bullshit they're using here. And by the way(s), "Kaspersky" is just a Slavic family(ies) name(s), you cannot trademark(s) it like this, do you?

Read this monument of corporate greed and brainlesness:

from domain-management@kaspersky.com
to kdncgffx@whoisprivacyprotect.com
date Tue, Aug 17, 2010 at 20:00
subject Infringement Notice from Kaspersky

Dear Sir/Madam,

Kaspersky is the owner of the well-known trademark and trade name Kaspersky. As you are no doubt aware, Kaspersky, is a trademark used to identify products, services, activities and events related to Kaspersky.

The trademarks, emblems, words and phrases of Kaspersky are exclusively used by Kaspersky and any other use by a third party constitutes trademark infringement.

In connection to Kaspersky proprietary rights over its famous trademark we are notifying you of the following:

It has come to our attention that our trademark Kaspersky appears as a metatag, keyword, visible or hidden text on the web site(s) located at: https://www.bitsnoop.com without having obtained prior written authorization from our Client. This practice infringes upon the exclusive intellectual property rights of Kaspersky.

Also, by using such trademark, you have intentionally attempted to attract Internet users to your web site(s) or other online location(s), by creating a likelihood of confusion with the Kaspersky’s trademark as to the source, sponsorship, affiliation, or endorsement of your web site(s), online location(s), products or services.

We trust that you will remove all metatags, keywords, visible or hidden texts including trademark presently appearing on the above-cited web site(s) and any other web site(s), or draw this issue to the attention of the appropriate person(s).

As part of our Kaspersky Trademark Enforcement Program, be assured that we will continue to monitor your web site(s) to verify your compliance with this letter. Failure to do so will force us to defer this issue to our Trademark Lawyer for further actions.

Should you require additional information or wish to further discuss this issue, please do not hesitate to contact the undersigned.

Sincerely,

Jeremy Baucom
Head of Website Marketing
Kaspersky Lab, HQ

March 12, 2010

Madness! Christine Filipak tries to blackmail us.

After sending us some fake ref. numbers for some fake complaints for fake accusations Ms. Christine Filipak is writing:

Now, since you made the first attack, I suggest you make the first withdrawal. Kindly remove the torrent on TPB and the photo on bayimg and the other two photos, then I will email the FBI and Контент с признаками детской порнографии withdrawing our complaints. I will CC you on all coorespondence. In the case of the Friendly and FBI, I must enter the info online so I will take a snapshot of the entries. Then I will forward the complaints to the US-RU Embassy as they require,

Finally, remove the blog posts, and I will email Google. Then when you remove the Tweets I will email Twitter. Those posts are also part of the FBI reports and Friendly ru reports but as a show of good faith I will still email them separately.

That is my offer of truce. You started this whole mess. This is the only way you will get out of it. So, what is your final answer? Will you agree to lay down arms or do we continue to do battle? Personally, I hope you choose the former (that means the first option, lay down arms, quit, call truce).


Basically what she is doing is a lame attempt at internet censorship ("remove things I don't like") - with an obvious blackmailing used to enforce it ("or I will frame you as a child predator").

It is pretty clear she does not care about child abuse at all - she just uses it for her own little internet war. Child abuse is classified as a criminal offence (which is how things should be) - promising to withdraw complaints about it in exchange for something is illegal and just plain stupid.

Funny thing is that we have no control over TPB and other sites - yet she demands we remove stuff from there. And no, we did not upload anything anywhere - got hands full rebuilding Bisnoop, no time for nonsense like this.

She probably uploaded the content she is referring to (we did not check it, no idea what's there really). Trying to frame us we guess. Even if it is true and FBI will investigate - will be really funny when they trace Christine's IP address.

Also, if you really want to impress someone with Zee Russish Langvidzh - use online translation service at least: "Контент с признаками детской порнографии" means "Content with signs of child pornography", it's not a name of a law enforcement agency. :)

We're waiting for a visit from FBI, CIA, MI-6, MI-5, Mossad, Interpol, KGB, FSB and her "friend" named "deathdealer0000" who blogged in his (day-old) LJ about going to Russia - apparently to kill us or something. Scary stuff!

Update 1
Now we understand why she has sent quite pretentious email with just "Remember this day. You had your chance." in its text.

Christine tried to defame us, framing some guy (by a sad coincidence, he is not really related to our site) as a child predator - see here.

Pretty shocking how low some people would sink in an attempt at "revenge" for imaginary offences. It looks like a case for some sort of anger management therapy.

Guys from isoHunt.com - thanks for doing the right thing, such people should be ridiculed and stopped. And evicted from the internet.

Update 2

We're thinking about starting legal procedures in USA (on behalf of the person she tried to defame), as libel and public defamation are serious offences - and Ms. Filipak was kind enough to produce sufficient evidence for a lawsuit. Stay tuned.

March 9, 2010

And here we go again...

Obviously Christine Filipak (of Monolith Graphics / Nox Arcana) is having some sort of personal problem with us.

We've started to receive threats again from her badly hidden alternative accounts - for no reason at all. She even thinks she is related somehow to to our data loss - what a deficit of attention, indeed.

As we seem to be getting barrages of threats on monthly basis - it really starting to look like she's suffering from something periodically. Kinda sad.

She accused us of pedophilia (what?) - although she seem to be unable to spell this word.

Update

Christine has been busy lately. Now she is trying to frame us as a child pornography distribution ring.

She thinks that torrent sites' users are pedophiles!

Quote: "...but YOU and the child predators who frequent sites like yours...". Really?

In all the time Bitsnoop was operating there were no torrents indexed related to kiddie porn.

That's it. Go find your stuff in other places, child predators!

Also she is demanding that we remove half of the internet - because she does not like it.

P.S. We've found this picture in the internet, enjoy: Mirror 1, Mirror 2. Original images © Eric Verner (aka Ccorvis Nocturnum).

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.

https://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...
https://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: https://www.google.com/search?q=SUDARSHAN+KRIYA+torrent

Please read https://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!

December 7, 2009

The DMCA Jedi, issue #01.02 - "I do not want my letter posted."

When you're communicating in the internets, there is one ground rule: DO NOT FEED THE TROLL. Too few people know about that.

Also it seems that Mrs. [private] is a proud designer of the fine book Allure of the Vampire: Our Sexual Attraction to the Undead (thanks TorrentFreak!)

Things start to get scary - seems like we've touched a nest of Goth vampire things.

Anyway, back to business:

I asked you to remove the hash info and the external results of the files. You refused. Read the DMCA. You are bound by law to remove these things as they PROMOTE the theft of our music, which is in direct violation of DMCA.

And the phone is not listed online. I do not want my letter posted.

I have contacted Google.

[private]

Monolith Graphics
[private]
Cleveland OH 44144 U.S.A.

And the reply:

Hello, [private], glad that you're in good health!

> I asked you to remove the hash info and the external results of the files.
> You refused. Read the DMCA.

We kind of read DMCA all the time. What exactly section and paragraph
are you referring to?

We have a very special page for people like you:
https://bitsnoop.com/info/how_we_block_torrents.html

> You are bound by law to remove these things as
> they PROMOTE the theft of our music, which is in direct violation of DMCA.

We do not PROMOTE anything. We just index internet information.

I see you're fond of US laws. This isthat:
1) We're not under US/DMCA jurisdiction
2) Our country laws are not precedent-based

But fair is fair.

We would gladly remove this if you present us with any precedent US
court ruling on this matter - when web publisher was ordered to remove
file names (not links, we do not post links to content infringing on
your rights).

> And the phone is not listed online.

O RLY?
https://www.ziplocal.com/companies/105400852-Monolith-Graphics

> I do not want my letter posted.

Too bad. Then you shouldn't have sent it to us with lawsuits threats.

> I have contacted Google.

I'm sure Sergey Bring himself will hurry to remove us from the internet.

The DMCA Jedi, issue #01.01 - Jedi Strikes Back!

This is just in:
from: Monolith Graphics <[private]>
subject: Re: DMCA takedown and block

Bitsnoop
The letter you have posted contains personal information.
I am an individual not a corporate entity, and therefor this is harassment. Please remove my letter immediately.
Also you did not remove the torrent as requested. The page still shows the info and the files listed.
Since you have proven that you would prefer to fight rather than comply with my polite request, I will now contact your ISP for removal.

[private]

Monolith Graphics
[private]
Cleveland OH 44144 U.S.A.
Fantastic!

And here's our reply to this nonsense:
Hello, nice to hear from you again!

> The letter you have posted contains personal information. I am an individual not a corporate entity, and therefor this is harassment. Please remove my letter immediately.

Letter contains information freely available on the internet.

Can you read and understand English? There is a page
https://bitsnoop.com/info/legal.html which says "By sending email to
the address mentioned above you grant us nonexclusive rights to use it
in any way we deem necessary."

> Also you did not remove the torrent as requested. The page still shows the info and the files listed.

Torrent was removed.

We can "list" whatever we want unless it's not downloadable. Please
save yourself from further embarrassment - get a clue about DMCA and
how internet works.

> Since you have proven that you would prefer to fight rather than comply with my polite request, I will now contact your ISP for removal.

Please do. They will be amused I'm sure. :-)

And for the record - your request was definitely not polite with all
them lawsuits threats and stuff.

Cheerio!

--
Bitsnoop.com - We search, you download.

The DMCA Jedi, issue #01 - Nox Arcana

We plan to start a tradition of presenting the most ridiculous DMCA letters for your amusement.

Normally we don't disclose letters we receive, but some are just unique. Also this is not the first letter like this from specific sender.

They're not only demanding to remove torrent (which is OK with us) but also to:
• Remove some mysterious "files" (looong list is attached) - which we never had;
• Censor anything indexed with the list of generic keywords.
Not copyrighted content (which is OK with us), but ANYTHING. If anyone decides to release short story or video with title "Necronomicon" - this should be blocked!
• Provide them with the "name, login and password for the party making the upload".
Given that we only index torrents and do not have user uploads - we're probably supposed to give them access to our robots accounts?

They are threatening with lawsuit too: "If you refuse to block future uploads and provide us with the requested info, your company will be added to our complaint currently pending in federal court.". How nice of them.

Some people just don't have a clue. We are encouraging our users to boycott them and not to buy their stuff. Here's useful link for you: Google Search.

Here goes:
To: Torrent Providers and Torrent Search Engines.
From: Monolith Graphics (the publisher), Nox Arcana (the composers, [private]), herein known as the "Copyright Owners."

Please remove all torrents for the music of NOX ARCANA. All torrents offering our music and albums are illegal. 
URL(s):
https://bitsnoop.com/torrent/3e632a5b6fa9736b7aef5f38ed5846f220bff6a7/Nox-Arcana-11-cd-complete-discography.html

Attached is a very long list of the files being sent via torrents and illegal copies through your network. Please do a unilateral search, and destroy all instances of these files.

BLOCK all search results and uploads of any files containing our trademark names, songs, and album titles listed below and in the attached file. And provide us with the name, login and password for the party making the upload. If you refuse to block future uploads and provide us with the requested info, your company will be added to our complaint currently pending in federal court.

Nox Arcana
Darklore Manor
Necronomicon
Winter's Knight
Transylvania
Carnival of Lost Souls
Blood of Angels
Blood of the Dragon
Shadow of the Raven
Grimm Tales
Phantoms of the High Seas
Blackthorn Asylum
Zombie Influx
Winter's Eve

AFFIDAVIT:
I swear upon penalty of perjury that this information is true, that the issue complained of infringes upon our copyright, and that I am hereby authorized to act on behalf of the copyright owners.

Thank you,
[private]

Monolith Graphics (publisher)
[private]
Cleveland, Ohio 44144

Tel: [private]
Email: [private]

https://www.monolithgraphics.com
https://www.noxarcana.com
There is attached list of 835 file names. Not quite sure what we're supposed to do with all that goodness.

And here's our DMCA-compliant answer:
Re: DMCA takedown and block

> Please remove all torrents for the music of NOX ARCANA. All torrents
> offering our music and albums are illegal.
> URL(s):
> https://bitsnoop.com/torrent/3e632a5b6fa9736b7aef5f38ed5846f220bff6a7/Nox-Arcana-11-cd-complete-discography.html

Torrent was removed.

--
Bitsnoop.com - We search, you download.

Update #1: Posted to Chilling Effects Clearinghouse
Update #2: They are on Twitter.