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Legal/Infringement Notices

7,011 bytes added, 22:39, 28 September 2010
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To Whom It May Concern, I, Elizabeth Rupp, certify under penalty of perjury, that I am the owner of certain intellectual property rights. The items or materials listed below are not authorized for use at the domain of ([infringing website domain here]) and therefore infringes my rights as copyright owner. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing. Infringing material that I demand be disabled or removed in consideration of the above: http://www.getpersonas.com/en-US/persona/84813 Location of ORIGINAL WORKS: http://wildspiritwolf.deviantart.com/art/Veterinary-Shield-Wolf-Tattoo-100475379 This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future. Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately. I am providing this notice in good faith and with the reasonable belief that the rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved. Should you wish to discuss this with me please contact me directly. Thank you. Elizabeth Rupp<br>[street address removed]<br>Aurora, IL 60505
<br>[phone number removed]
<br>Simbacub32@aol.com<br>  ----
Dir sirs,<br>I've been a big fan of Firefox and have enjoyed using and creating <br>Personas. However, I've found a Personas using my creation without my <br>approval and I'd request Mozilla to take down that from Personas gallery <br>asap. Please refer following details, and it would be highly appreciated <br>if you could take appropriate action.<br> <br>Personas infringing my right: http://www.getpersonas.com/ja/persona/70901<br>My creation: <br>http://www.pixiv.net/member_illust.php?mode=medium&amp;illust_id=6077937<br> <br>As you can see, Personas http://www.getpersonas.com/ja/persona/70901 is <br>using graphics created by me <br>http://www.pixiv.net/member_illust.php?mode=medium&amp;illust_id=6077937, <br>but I've never granted reuse right to this Personas author and will <br>never approve.<br> <br>My contact information are as follows.<br>Name: Sayaka Fujita (female)<br>Address:[street address removed] Gifu 501-6015 JAPAN<br>Phone: [phone number removed]<br>e-mail: du_ki@hotmail.co.jp<br> <br>I believe in good faith that the use of the material that I claim <br>infringes my copyright is not authorized by me. In addition, all of the <br>information above is accurate, and under penalty of perjury, that I am <br>either the owner of the exclusive copyright right that is being infringed.<br> <br>It would be great if you could disable this Personas ASAP. If you need <br>any more information, please let me know.<br> <br>Best regards,<br>Sayaka Fujita / du_ki@hotmail.co.jp<br><br>
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Harvey Anderson<br>Mozilla Corporation<br>650 Castro Street, Suite 300<br>Mountain View, CA 94041<br>Email: dmcanotice@mozilla.com<br>Phone Number: 650-903-0800<br>Fax: 650-903-0875
Hello Mr. Anderson,
One of my copyrighted images (a ferret with bunny ears) is being used<br>illegally here:
https://addons.mozilla.org/en-US/firefox/search?q=ferret&amp;cat=personas&amp;appid=1&amp;pp=5
I want to convey to you that in good faith the use of the material above<br>infringes on my copyright, is not authorized by law, or by me, the<br>copyright owner; and, that all of the information contained in my DMCA<br>Notice is accurate, and under penalty of perjury, that I am the owner of<br>the exclusive copyright right that is being infringed.
To that end I am attaching a pdf of the images from my 2001 Ferret<br>Calendar, Famous Ferrets. You will see that the April image is the ferret<br>with the bunny ears. These images are registered with the Federal<br>Copyright Office. Please remove this image as it's use is illegal under<br>the Federal Copyright Act and advise the user of the violation. Also<br>please notify me when the image has been removed.
Thank you,
<br>Jeanne Carley<br>Jeanne Carley's Ferret Company<br>http://www.ferretcompany.com<br>P.O. Box 7161<br>Redwood City, CA 94063<br>650 851-3750<br>jeanne@ferretcompany.com<br><br>
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The copyrighted work at issue is the image that appears in the Persona "Retro Notes" and it was uploaded by user "Listig" on 6/22/2009.
The URL where the copyrighted material is located is here: http://www.getpersonas.com/en-US/persona/32757
You can reach me at enju001@gmail.com for further information or clarification. My phone number is [phone number removed] and my mailing address is [street address removed], Columbia, SC 29210.
I, Keara Contartesi, believe in good faith that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Keara Contartesi<br>March 23, 2010<br>
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Original Message -----<br> From: "Rachel Anderson" &lt;silverstars1@gmail.com&gt;<br> To: dmcanotice@mozilla.com<br> Sent: Thursday, March 18, 2010 9:53:34 AM<br> Subject: DMCA - Copyright Infringement Report
To Whom It May Concern,
I, in my capacity of legal representative of ________ _<br>give the undertaking set out in the above letter and will comply with these immediately.<br>Signed: ____________ _<br>Name: ______________ _<br>Date: _____________ _
<br>ROMA VERONA LONDON<br>Via Agnello, 12<br>20121 Milano<br>Via Bissolati,76 Via di Monserrato,25<br>00187 Roma 00186 Roma<br>Stradone Porta Palio, 76<br>37122 Verona<br>BRUXELLES<br>Rue de Spa, 30<br>1000 Bruxelles<br>St Michael's House<br>I George Yard, Lombard Street<br>tel. +39 02 72551 I EC3V 9DF London<br>fax +39 02 72551501<br>tel. +39 06 6784977 tel. +3906 6810071<br>fax + 39 06 6790966 fax + 390668805488<br>tel. + 39 045 8097000<br>fax +39 045 80970 I 0<br>tel. + 32 (0) 2 2854685<br>fax +32 (0) 2 2854690 tel. +44 (0) 2073759900<br>fax +44 (0) 2079296468<br>Lo studio opera nel Regno Unito come ,NCTM LLP e in Belgio come NCTM Association d'avocats. L'elenco soci e disponibile pl-esso: www.nctm.it<br>******************************************<br>  WINSTON &amp; STRAWN LLP<br><br>ANDREW P. BRIDGES<br>(415) 591-1482<br>abridges@winston,com<br>101 CALIFORNIA STREET<br>SAN FRANCISCO, CALIFORNIA 94111-5894<br>(415) 591-1000<br>FACSIMILE (415) 591-1400<br>www.winston.com<br><br> March 24,2010<br><br> VIA E-MAIL: gianluca.massimei@nctm.it<br><br> Mr. Gianluca Massimei<br>NCTM Studio Legale Associato<br>Via Bissolati, n, 76<br>00187 Rome<br>Italy<br><br> Re: Mozilla CorporationlIP: Your letter for Ferrari S.p.A<br><br> Dear Mr. Massimei:<br><br>I represent Mozilla Corporation, which has asked me to respond to your letter of<br>18th March, which you directed to Mozilla's address for Digital Millennium Copyright Act<br>notifications.<br><br> The personas and add-ons that your letter refers to are the products ofMozilla<br>users, not Mozilla. Mozilla hosts user-generated material that it does not create, as do many<br>companies with an online presence. Mozilla does not charge for the user-generated content and<br>makes no money from it.<br><br> Mozilla takes intellectual property rights seriously and is prepared to take prompt<br>action to take down materials that have a proper notice of infringement made against them.<br>Unfortunately your letter makes claims that refer only generally to "cars, trademarks, logotypes,<br>designs, models, [and] trade names" of Ferrari as the basis of its intellectual property rights. The<br>letter also fails to identify any particular personas or add-ons that contain or constitute<br>infringements. This information is extremely important in order for Mozilla to assist Ferrari.<br>Mozilla is not in a position to maintain or consult a database (if any exists) of all marks and other<br>intellectual property of every company, or of any company in particular, and it is not in a<br>position to determine what personas or add-ons may offend rights of others. Mozilla therefore<br>depends on IP rights holders to identify both the specific IP right that has been violated and the<br>specific material or activity that violates those rights. Your letter does not provide any of that<br>information but simply leaves it to Mozilla to guess what actions Ferrari wants Mozilla to take.<br>Please send me (1) the URL of each challenged item or activity together with (2) an<br>identification of a specific intellectual property right (for example a mark and a corresponding<br>registration) that you believe the challenged item or activity infringes. Upon receipt of that<br>information, Mozilla will be in a position to take action on this occasion. If Mozilla does not<br>receive the information within 30 days, it will consider the current letter withdrawn.<br><br> For your information, here are the elements of a notification that Mozilla<br>normally expects from an intellectual property claimant. U.S. copyright law explicitly requires<br>copyright holders to provide the information. Mozilla believes that it provides a very useful<br>guideline for holders of other rights, such as trademark rights, as well.<br>o Physical or electronic signature of person sending notice<br>o Identification of the work claimed to be infringed or, if multiple protected works at a<br>single online site are covered by your notification, a representative list of works at that<br>site<br>o Identification of the material that is claimed to be infringing or to be the subject of<br>infringing activity and that is to be removed or access to which is to be disabled, and<br>information reasonably sufficient to permit us to locate the material. Generally this will<br>require, at a minimum, complete and accurate URL(s) of the challenged material.<br>o Statement that you have a good-faith belief that use oftl).e material in the manner<br>complained of is not authorized by the rights owner, its agent, or the law<br>o Statement that the information in the notification is accurate<br>o Statement under penalty of perjury that you are authorized to act on behalf of the owner<br>of an exclusive right that is allegedly infringed<br><br> Mozilla will need substantially all that information in order to proceed with<br>respect to future notices. As I stated, on this occasion only we need the information I have<br>identified by (1) and (2) above. Please bear in mind that, when Mozilla disables access to<br>material on the basis of notices of claimed infringement, Mozilla will consider a notice sender as<br>responsible if Mozilla incurs any liability because of its conduct in reliance on a wrongful notice.<br>For that reason, Mozilla urges notice senders to pay careful attention to the potential<br>consequences of their notices.<br><br>Mozilla stands ready to assist Ferrari as I have discussed above. Please do not<br>hesitate to contact me if you have any further questions.<br><br> Very truly yours,<br>Andrew P. Bridges<br> ***************************************<br> <br>
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