And the grounds for this shite? Copyright infringement! FFS if you don’t want naked selfies of yourself posted on the internet, don’t take the fuckers in the first place you dozy bugger!
Anyhow, at the threat of being forced to remove said ‘copyright infringement’ or face legal closure of the site – what price free speech now? – we’ve removed the picture. We’ve also been told that we can’t publish the letter but fuck ’em. If you don’t want it made public then don’t fucking write it in the first place
Here it is, names blanked out to protect the guilty…
Hello,
Unfortunately we’re experiencing an issue with your website or account and need your help to remedy the situation ASAP. Failing to respond to this notice via email or ticket with our Abuse department could lead to suspension or termination of your account(s). The following is a description of the issue:
Username: *********
Domain: is-a-cunt.com
Host: false
IP Address: ***.***.***.***
Abuse Type: Copyright Infringement
We received the attached notice of copyright infringement under the Digital Millennium Copyright Act (“DMCA”).
YOU MUST REMOVE THE ALLEGEDLY INFRINGING MATERIAL WITHIN 48 HOURS OF THIS EMAIL BEING SENT TO YOU, OR YOUR ACCOUNT AND ALL ASSOCIATED WEBSITES WILL BE DISABLED.
If you do not believe the material infringes the copyrighted work, please provide us with a counter notification containing the following information:
1. Your name, address, phone number, and physical or electronic signature;
2. Identification of the material claimed not to infringe the copyright(s) and enough information to locate it;
3. Your consent to the jurisdiction of U.S. District Court in the address provided above, or if you are located outside the United States, the jurisdiction of U.S. District Court for the District of Massachusetts and that you will accept service of process from the person who provided notification above; and
4. Include the following statement: “I swear, under penalty of perjury, that the information in this counter notification is accurate and I have a good faith belief that each identified material above should not be removed or disabled.”
Even if you send a counter notification, the material must still be removed within 48 hours of this message. If you do not remove the alleged infringing material, your website will be suspended, and will remain suspended at least ten (10) days. If you provide the proper counter notification, we will reverse the suspension of your website within ten (10) to fourteen (14) business days provided we have not received notice the complainant has filed action seeking a court order to maintain the suspension.
NOTE: You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact your own attorney. If you have any further questions, please feel free to contact us.
=================================================================
PRIVATE AND CONFIDENTIAL
NOT FOR PUBLICATION
Dear Sirs,
We refer to your email below of 7 October to which we respond as follows, adopting the same numbering:
1&2. The copyrighted work is the “selfie” image (“the Image”) of our client undressed at his home, which is being published at the following URL https://is-a-cunt.com/2014/10/brooks-newmark/.
The image was self-evidently taken by our client and he owns the copyright in it. The Image has never been published with our client’s consent. It was first published without our client’s consent in 2014, having been disclosed, also without our client’s consent, by an individual to whom our client had sent it in confidence. Our client has not given, and does not give, you permission to publish the Image. The publication of the Image at the URL above is in breach of his copyright.
3. We may be contacted at the email addresses *********.*******@carter-ruck.com and *******.******@carter-ruck.com at the postal address Carter-Ruck, 6 St Andrew Street, London EC4A 3AE; and by telephone at +44 (0)20 7353 5005.
4. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
5. 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.
We await your urgent response, and confirmation that the Image will be removed from publication at the webpage identified above, and not republished in any form.
All of our client’s rights are reserved.
Yours faithfully,
Carter-Ruck
********* **********
Senior Associate, Carter-Ruck
********.******@carter-ruck.com
Carter-Ruck Solicitors
6 St Andrew Street
London EC4A 3AE
T 020 7353 5005
F 020 7353 5553
DX 333 Chancery Lane
www.carter-ruck.com
One of the UK’s best-known law firms, Carter-Ruck has a longstanding reputation for its expertise in the field of litigation and dispute resolution.
Carter-Ruck is a CarbonNeutral® company. Think of the environment. Do you need to print this email?
Nominated by: A Cunt Who Cunts Cunts