Here's what I sent to cihost:
-----BEGIN PGP SIGNED MESSAGE----- Formal notification of copyright infringement The following material is infringing my copyright:
http://www.bigotwatch.net/images/3PI.jpg The photograph on top (man with beard) is retired Clearwater Police Officer Ray Emmons, whom I photographed in December 1998. He agreed to be photographed by me.
I, Tilman Hausherr, am the copyright holder of this photograph, and have never granted permission to Mary DeMoss, nor would I ever have given her the permission.
My original scan is at http://www.geocities.com/Athens/Oracle/4497/clearwater/emmons5-16a.jpg and has been there since December 1998. If needed, I can prove ownership with a negative or a high resolution scan.
Should you have any questions, you can contact me by e-mail at tilman@berlin.snafu.de . I access my e-mail several times a day.
I hereby state under penalty of perjury that the information in this notification is accurate, and that I am authorized to act on behalf of the owner (=me!) of the exclusive right that is infringed.
This message has been signed with PGP. You can retrieve my public PGP key here: http://www.xenu.de/#pgp This notice complies with the "elements of notification" described in the digital millenium copyright act. It can be read here:
http://www-swiss.ai.mit.edu/6805/legislation/hr2281.html Since you have now been put on notice, you do now have actual knowledge that the material on your system is infringing. Failure to act expeditiously to remove or disable access to the material strips you of the protections for ISPs provided by the DMCA.
For example, in the case RTC v. Henson (C-96-20271 RMW and C-96-20207 RMW), the defendant who engaged in Internet infringing activities lost a copyright infringement case brought against him. In May of 1998, a jury convened in the United States District Court in San Jose, CA and assessed damages in the amount of $75,000 against him for posting a copyrighted work on the Internet. Mr. Henson is also permanently enjoined against further infringements.
The courts have also held that an access provider which is informed that infringement is occurring through its system and does nothing to stop it can be liable for contributory infringement (RTC v. Netcom, 907 F. Supp. 1361 (N.D. Cal. 1995)).
I am not seeking to become involved in litigation, but I will take all necessary measures to protect my intellectual property rights.
I presume that you would agree that we can resolve this amicably.
Sincerly yours,
Tilman Hausherr
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Tilman Hausherr [KoX, SP5.55] Entheta * Enturbulation * Entertainment
tilman@berlin.snafu.de http://www.xenu.de
Resistance is futile. You will be enturbulated. Xenu always prevails.
Find broken links on your web site: http://home.snafu.de/tilman/xenulink.html The Xenu bookstore: http://home.snafu.de/tilman/bookstore.html