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| The Image that FOX News owns. |
To make a long story short, Mikey Boy owned several web sites that mocked our service personnel. He also would put up nasty posts about victims of Drunk Drivers, and when he mentioned a few local girls, I was determined to expose him for the worthless piece of shit that he was.
Anyway, read on.
To julie@eff.org
CC frannyward@yahoo.com Nov 28, 2006
Julie, here is the email correspondences that I received from I Power concerning Michael Crook and his First DMCA complaint concerning my so called "Copyright" infringement.
Fran Ward
admin@totallydelco.com
Please be advised that we received a complaint that you have posted
copyright protected material on your website without the owner's
authorization. In particular, it is alleged that you have used a certain
material without authorization by the owner and/or it is alleged that you
may be in possession (without authorization) of certain core code for a web
site. We urge you to contact the complainant to resolve any issues.
As you know, IPOWERWEB's services permit customers to host and make
available content over the Internet. Although IPOWERWEB does not
affirmatively screen customer content, IPOWERWEB does not tolerate
infringing material on its equipment, and may remove content that appears to
infringe any copyright or other intellectual property rights.
As you know, IPOWERWEB has developed terms and conditions which each
customer is to abide by and upon receipt of a Digital Millennium Copyright
Act complaint IPOWERWEB will typically give the customer an opportunity to
respond and/or request removal of the material. If the customer fails to do
so or ignores the request then IPOWERWEB will be forced deactivate the
account. However, it will not engage in any battle with or between the
parties.
In that respect, since IPOWERWEB has received a complaint, IPOWERWEB
requests that you remove the infringing content from your web site
immediately. Any failure to do will continue to disrupt and interfere with
IPOWERWEB's business and pursuant to its policies, it maintains the absolute
right take any action to stop or correct such violation, including, but not
limited to, shutting down a website, denying access to the services or to
the Internet, and/or removing the information.
If you believe the copyright infringement claim has been wrongly filed
against you as a result of mistake or a misidentification of the material,
you may file a counter notification with the undersigned. The counter
notification must provide ALL of the following information:
1. Physical or electronic signature of the subscriber (i.e., merging a
scanned handwritten signature into the electronic text or using public-key
encryption technology);
2. 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;
3. A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification;
4. The subscribers name, address, telephone number and email address,
and a statement that the subscriber consents to the jurisdiction of the
Federal District Court for the judicial district in which the address is
located, or if the subscriber's address is outside of the United States, for
any judicial district in which the service provider may be found, and that
the subscriber will accept service of process from the person who provided
notification or an agent of such person.
We anticipate that you will remove the material and provide a counter notification prior to forcing
IPOWERWEB to deactivate your web site or provide a counter notification.
Thank you for your anticipated cooperation.
Raynelle Sibel
iPowerWeb
Dear Sir/Madam,
Please provide 1 through 4 as previously requested.
Raynelle Sibel
iPowerWeb
-----Original Message-----
From: admin@totallydelco.com [mailto:admin@totallydelco.com]
Sent: Monday, August 21, 2006 10:12 AM
To: 'raynelle'
Subject: RE: totallydelco.com
To whom it may concern: The so called "Copyrighted" picture in question has been removed as per request of Ipowerweb.
Sincerly:
Francis Ward
admin@totallydelco.com
From: raynelle [mailto:rsibel@ipowerweb.com]
Sent: Saturday, August 19, 2006 6:34 PM
To: admin@totallydelco.com
Subject: totallydelco.com
Importance: High
Please be advised that we received a complaint that you have posted
copyright protected material on your website without the owner's
authorization. In particular, it is alleged that you have used a certain
material without authorization by the owner and/or it is alleged that you
may be in possession (without authorization) of certain core code for a web
site. We urge you to contact the complainant to resolve any issues.
As you know, IPOWERWEB's services permit customers to host and make
available content over the Internet. Although IPOWERWEB does not
affirmatively screen customer content, IPOWERWEB does not tolerate
infringing material on its equipment, and may remove content that appears to
infringe any copyright or other intellectual property rights.
As you know, IPOWERWEB has developed terms and conditions which each
customer is to abide by and upon receipt of a Digital Millennium Copyright
Act complaint IPOWERWEB will typically give the customer an opportunity to
respond and/or request removal of the material. If the customer fails to do
so or ignores the request then IPOWERWEB will be forced deactivate the
account. However, it will not engage in any battle with or between the
parties.
In that respect, since IPOWERWEB has received a complaint, IPOWERWEB
requests that you remove the infringing content from your web site
immediately. Any failure to do will continue to disrupt and interfere with
IPOWERWEB's business and pursuant to its policies, it maintains the absolute
right take any action to stop or correct such violation, including, but not
limited to, shutting down a website, denying access to the services or to
the Internet, and/or removing the information.
If you believe the copyright infringement claim has been wrongly filed
against you as a result of mistake or a misidentification of the material,
you may file a counter notification with the undersigned. The counter
notification must provide ALL of the following information:
1. Physical or electronic signature of the subscriber (i.e., merging a
scanned handwritten signature into the electronic text or using public-key
encryption technology);
2. 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;
3. A statement under penalty of perjury that the subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification;
4. The subscribers name, address, telephone number and email address,
and a statement that the subscriber consents to the jurisdiction of the
Federal District Court for the judicial district in which the address is
located, or if the subscriber's address is outside of the United States, for
any judicial district in which the service provider may be found, and that
the subscriber will accept service of process from the person who provided
notification or an agent of such person.
We anticipate that you will remove the material and provide a counter notification prior to forcing
IPOWERWEB to deactivate your web site or provide a counter notification.
Thank you for your anticipated cooperation.
Raynelle Sibel
iPowerWeb
__________ NOD32 1.1718 (20060821) Information __________
This message was checked by NOD32 antivirus system.
http://www.eset.com
Dear
We have been informed by Michael Crook , that you and/or your business has participated in and caused or authorized the making and distribution of defamatory, harassing, abusive and/or threatening language and comments and knowingly permitted and encouraged the downloading of such comments on your Internet/World Wide Web Site.
Your continued conduct and publication of such material directly concerns IPOWERWEB in that your conduct is in direct violation of our terms and conditions. This is the second such complaint we have received regarding this site.
As you know, our terms and conditions provide that the ”use of the services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited” as well as that “any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited.” Your statements appear to violate our terms and conditions. It is also our understanding that you have been informed by the complainant of your acts and failed to respond to any of its demands.
In that respect, IPOWERWEB demands that you immediately cease and desist from the posting, transmission, displaying of obscene, defamatory, harassing, abusive or threatening language on your web site and on the Internet/World Wide Web.
Accordingly, IPOWERWEB requests that you promptly remove all material within twenty-four (24) hours of the time of the mailing of this e-mail and contact our office upon receipt of this e-mail to confirm that the violations will stop. If you remove the material from your web site immediately and provide written assurance that you will not continue to use the material, we will consider matter closed. However, if the violation does not cease we will immediately deactivate your account pursuant to the terms and conditions.
Please respond to this e-mail within 24 hours of the time of this message. As noted, if we do not hear from you within that time IPOWERWEB will immediately deactivate your web site pursuant with the terms of Service Contract.
Thank you for your anticipated cooperation.
Raynelle Sibel
iPowerWeb
This is the second complaint we've had to file on this client.
That said, the following entry is in question:
http://www.totallydelco.com/blog/2005/05/michael-crook-number-one-asshole.ht
ml
While the user is definately entitled to freedom of speech, it is our
contention that
this entry violates your Acceptable User Policy, Paragraph 4, Section "c",
Subsection "i."
To wit:
Several comments, while not posted by your client, but under his
control/custody, qualify
as potentially criminally and civilly actionable material:
Bullshit.
- The entry dated 7/11/2005 at 8:57:29pm provides a residential address and
two private telephone numbers.
This information is not provided with our consent.
Really? How many addresses and phone numbers did YOU post prick?
- On the same day, just below the above referenced post, a user alleges that
Michael Crook fathered a baby with a then-teenage girl. This is not true, and is therefore actionable under libel.
- The entry on 7/21/2005 again provides residential and telephone
information without our consent.
- The entry on 10/05/2005 again provides residential and telephone
information without our consent.
Therefore, this user continues to violate your Terms of Service, and is
creating actionable materials, which
can result in civil action against himself, and against any and all service
providers who fail to take due action.
We hope that you look into this matter for us.
I may be reached via e-mail in regards to this matter at dmca@mcipdns.com.
My physical address is 8417 Oswego Road #179 in Baldwinsville, NY 13027.
My telephone number for this matter is (315) 560-8886.
I have a good faith belief that use of the copyrighted material described
above on the allegedly infringing web pages is not authorized by the
copyright owner, its agent, or the law.
I certify that I am authorized to act upon the behalf of the subject named
herein. 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.
Sincerely,
Kayla Maastersen-Crook
Michael Crook Internet Properties
8417 Oswego Road #179
Baldwinsville, NY 13027
(315) 560-8886
dmca@mcipdns.com
Bottom line? This asshole for a time made my life miserable, he contacted my web host with a bogus complaint, then on top of that, contacts my clients who in turn demand their ads be taken down. Nowadays, Pussy Boy claims he has several "Mental Illnesses", and supports the Police.
Sure thing Pussy Boy.
