Richard,

We were recently given notification of DMCA copyright violation on your website: pezboy.net
You are reportedly using copyrighted images that are in violation of DMCA regulations. Please see below for more details on DMCA.

If this is factual, please remove these images from your website within the next 24hrs. We will review your website at that time for any copyrighted material and if any is found, the website will be suspended.

Thank you for your cooperation.

Sincerely,

Sarah Vert
EMC Support
sarah@emcwebhosting.com

3.9.1 Digital Millennium Copyright Act Policy

If you believe that a Web page hosted by EMC is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with EMC's designated agent in by postal mail in the manner described below.

EMC Web Services, LLC
DMCA Notification
PO BOX 135
2040 S, Alma School Rd
Suite 1
Chandler, AZ 85286

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work claimed to have been infringed.
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit EMC to locate the material.
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Counter Notification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counter notification with EMC's designated agent at the address listed above. Such counter notification must contain the following information:

a. physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If EMC receives a valid counter notification, the DMCA provides that the removed material will be restored, or access re-enabled.

Please be advised that U.S. copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement.

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Hi,

pezboy.net is a simple wordpress blog.

I have been getting harrassed by Curtis Newart ever since posting my opinions about him.

He has sent me numerous unsuccessful and frivolous legal threats (which he doesn't follow up on as they could never be maintained in court). Why? Because he simply doesn't like my reviews of his music. Never once has he contacted me in good faith, instead choosing to send me these unsubstantiated legal threats.

Also, I have been a Neureal customer for years, but I find this kind of correspondence from you quite terse and unnecessary - stating you will suspend my site in 24 hours?

If you choose to continue to treat your customers in such an impersonal manner, I will be changing hosts without hesitation.

I will remove the image of Curtis which is apparently a copyright violation (even though I am linking to, not hosting the image).

Also, please provide more information next time you seek compliance from me. I am only assuming the image in question is that of Curtis Newart, seeing as he is the only entity that has ever complained via legal threat, about content on my blog.

Richard Baron.

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Hi Richard,

We are apologize for the inconvenience causes to you in this regards.We make sure it doesn't happen again.We are expecting your kind co-operation and keep support to us.

Thanks,
EMC Support.

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Hi,

So can I place an IMG link to the image again?

Richard.

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Hi,

Please read EMC term and condition.if the image under our term condition you can place the image otherwise please don't place on the server.


Thanks,
EMC Support.

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Hi again,

Ok so I am still confused. You sent me an illegitimate DMCA takedown > I complied > you apoligised > etc...

Now you are telling *me* to interpret your own Terms of Service, which I would expect you to understand more so than I.

My interpretation is that I am within my rights to 'IMG' link to a picture of Curtis Newart (which I am still assuming is what this is all about, as it has never been clearly stated to me). So how about I place the link back up and you ignore these petulant, annoying DMCA threats.

It would be easiest as the threats are in the non-legal realm of sheer stupidity.

Thanks again,
Richard.

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Richard,

We try to stay out of disputes of this nature simply because it isnt worth the hassle. You are correct... you have been a customer for a long time and we would like to maintain our relationship. The only DMCA possible violation is the image. That is all we can find for now.

The rest of your comments on the posting are covered under freedom of speech.

Other than the image, you should be good to go. To be safe, please do not hotlink to it either. Thanks for your cooperation in this matter.

Let me know if there is anything further I can assist you with.

Michael Vert
EMC Support Services

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Hi,
I am thinking about switching my hosting to Crystone. I have been harrased with a DMCA takedown notice for simply linking to an image of a music artist, whom I reviewed.

I am wondering if Crystone would send me these kind of notices for the same thing. The DMCA is an American law and I would like to know if Crystone would send any DMCA take down notices to its users?

I believe the company's servers are located in Sweden, is this correct?

Thanks for you time
Richard.

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Goodmorning Richard,

That is correct, all our servers is located here in Stockholm, Sweden and I have never
heard about that we have been sending any kinds of "DMCA" anytime.
Med vänlig hälsning/Best regards

Suzanne Pettersson
Crystone AB

Ärendedetaljer
===================
Ärendenummer: XCA-230917
Avdelning: Support
Prioritet: Normal
Status: Stängt

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