Scribd DMCA Counter Notification Letter - Randy Taylor.
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ExtortionLetterInfo.comScribd DMCA Counter Notification Letter - Randy Taylor.
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ExtortionLetterInfo.comIntrepidNetworkConceptsInc.
1639BradleyParkDrive Suite500,PMB110 Columbus,Georgia31904
MatthewS.Chan President (762)3590425 (888)6963441FAX
January 15, 2013 Scribd, Inc. Attn: Jason Bentley, Copyright Agent 539 Bryant St, Suite 200 San Francisco, CA 94107 FAX: 415.896.9896 (Attn: Scribd DMCA copyright infringement notification) Dear Mr. Bentley: We regret that a DMCA complaint was made to our account and that you and Scribd have to take time to deal with this matter. While we are not perfect, I can assure you we strive to be good and compliant online citizens with Scribd and every online service we utilize. This letter is a formal response to a claim of copyright infringement against one of the documents (id: 105749961) by Randy Taylor of that we uploaded and published on Scribd.com. I believe the claims of copyright infringement are inaccurate and should be rejected because: The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported. Becauseofthenatureofthematerialbeingreported,Ihavestrongbeliefthattheoriginal complainantdidnotsimplymakeanhonesterrorbuthasknowinglyandwillfullyfiledafalse DMCAcomplaint.Unfortunatelyforhim,hehasnowpotentiallyexposedhimselftoliabilityas describedin17USC512(f). Astheoriginalcomplainantknows,thedisputeddocumentwesharedonScribdwas sent/emailed/deliveredbyhimselfasalegitimateandlegalbusinesscommunicationtothe original,intendedrecipient.Thatrecipientwaswithintheirfullrightsastheintended recipienttoprovidetheircopytousoranyoneelseforthepurposeofopenreportingofthe contentsandmessageswithinthatletter. ToourknowledgeRandyTaylorhasnotregisteredthatbusinesscommunicationletterwith anylegitimatecopyrightregistrationservice.Andevenitwereregistered,ELIisanews reportingandeditorialcommentarywebsitededicatedtocoveringcopyrightextortion activitieswhichincludethedocumenttheyaretryingtohidefrompubliceyes.There publishingofthisdocumentconstitutesfairuseforreportingandcritiquingpurposes. Further,Iwillbeopenlysharingthiscounternotificationlettertoinformhimandothersthat wewillnottoleratepersistentandabusiveandillegitimateDMCAcomplaintsagainstour onlineaccounts(andconsequentlyouronlinereputation)withScribdoranyotheronline service.
This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3): I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law. I also understand that you will provide a copy of counter-notification letter to the original complainant. Further,accordingto17USC512(f),anypersonwhoknowinglymisrepresentsthatmaterialis infringingshallbeliableforanydamages,includingcostsandattorneysfeesincurredbymeand otherrelatedpartiesasaresultofremovingordisablingaccesstohostingservicesorothermaterials claimedtobeinfringingorinreplacingtheremovedmaterial. I ask that Scribd, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B). My name, address, and telephone number are: Matthew Chan 1639 Bradley Park Dr. Suite 500, PMB 110 Columbus, GA 31904 Phone: (762) 359-0425 I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside. I agree to accept service of process from the complainant. Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the original complainant of this notice, and restore the material in dispute (and not take the material down again). Sincerely,
Matthew Chan