DMCA Claims – Part 1

justice kitty

justice kitty

Justice has demanded that I attain all DMCA claims filed against The Droid and publish them on this blog.  Seriously! :: Justice took the form of a masked baby kitten and started barking orders at me.  It kind of freaked me out :: So I’ve decided to comply.  Relax you silly kitty :: relax.

One of the super cool things about the DMCA is how none of the caving web companies will hand over the complaints that led to your no-process muzzling.

The Droid {taking the form of The Jason} :: I’d like to file a counter notice, and can I please get a copy of the complaint that was filed against me? Pretty please?

The Man {usually taking the form of a woman} :: Thank you for asking … but no … you can’t have the complaints.  I wish I could :: But that’s really more something for our files :: Not yours.  You should get some of your own files.  You don’t want a file that someone else has already had :: Know what I mean? Of course you do … now scurry along :: and please don’t say anything further until you get out the door … we are afraid of you.

However, one of the perks of the Have Your BlueHost Contract Terminated program is a conversation with the legal department.  Legal allowed themselves to be sensibly convinced that sending me the complaints was the WWJD outcome.

Here is the first one :: From our new old friend Chris Zavadowski.  Chris starts by reprinting the masterwork of a letter he’d sent to me the day prior {link} :: and then this ::

**Then, this morning, I woke up to a full post from him stealing
other graphics from my site and telling me to “bite” him, along with
other vulgar words – and saying that I had no right to tell him to
take down MY copyrighted graphics.  Not only has he now stolen other
graphics, but he’s slandering my business and me.  It appears he’s
also using your company for a domain registration – as I know other
domain registrars will pull domains for hate like this.  I’m not sure
your policies on libel, but he’s definitely crossed the line (his
ENTIRE site is made up to slander others apparently).

Here is his latest post with additional copyright infringements:

CopyWrong Chris

And he’s stolen MORE graphics from my site now.

Here are the explicit legal Terms of Use we have on our site (and
every page also has a copyright at the bottom):

2. Please fill in the following statement: I, Chris Zavadowski, have
a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law.

3. Please fill in the following statement: I, Chris Zavadowski, swear
under penalty of perjury, that the above information in this
notification is accurate and that I am the copyright owner or are
authorized to act on the copyright owner’s behalf.

4. The infringement reporter or authorized persons:
Name: Chris Zavadowski

5. The electronic/typed or physical signature of the owner of the
copyright or the person authorized to act on the owner’s behalf.

Once we receive the above notice we are required by law to remove the
material in question.

I appreciate your prompt and immediate attention to this matter – and
hope you can help me to stop him from this slander and stealing in the future.

Thank you,

Chris Zavadowski
Lifetime Marketing Success, Inc.

cc: Framme Law Firm, Richmond, VA

Yep Yep! That was the straw that broke mighty BlueHost’s back.  BlueHost for god sake :: One of the biggest {and best :: in my pre-senseless-banning opinion} hosts in the Land of the Free found that whining gibberish actionable.

“his ENTIRE site is made up to slander others apparently”
“he’s slandering my business and me”
“hope you can help me to stop him from this slander and stealing”

Hey Guy :: Slander is a claim for untrue spoken communications {like if I called Perry Belcher and told him that you were totally gay for his man boobs}.  Written untruths are called libel or defamation. Try to remember that in your future fake legal career.  It’s kind of an embarrassing mistake to make THREE times on a sworn statement.

As to the “other vulgar words” charge :: I plead the Fifth!

The FiF

>> bleep bleep

10 thoughts on “DMCA Claims – Part 1”

  1. ha!

    Yeah :: He better hurry and get that pic registered or he and Framme won't have jurisdiction to bring an enforcement claim. Of course, as I'm sure Chris the Legal Eagle already knows, if you register after the "infringement" then your claim can only be for actual damages … of which he has none.

  2. Furthermore, since you had laid out the conditions for valid DMCA claims in a previous post, he might have a hard time making a case that his movement was believed by him to be within the framework of the regulation.

  3. You can't make an ignorance argument in American court anyway. And it ceased to be a defense for morality and karma when wikipedia was born.

    BlueHost sent me this as a text file :: the formatting is strange :: makes me think it was a web form submission. And they told me there had been three complaints … but then sent me two of this one. So I think it likely that he filed an official complaint on back-to-back dates … about both posts.

    It's a crazy epic mistake. These silly boys.

  4. Oh, look!! Chris is STILL using his discount-prepaid-legal-service-subscription in a lame, futile attempt to intimidate. Sorry, Chris! FAIL! That's about as impressive as sending in a note from your mom.

    Oh, and the ice bucket on the head really does wonders for your appearance and credibility, Chris. Next time, try using a flower pot (or better yet, an unemptied spittoon) and shoot for the moon!

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