[Rumori] Cease and Destroy
ed special
edspecial at digitalrealm.net
Fri Feb 25 04:47:36 PST 2005
Darth Vader/Storm Trooper music fades up in the background as I read
the threatening letter.
Sounds like extortion to me. But then, I'm not a lawyer...
Don't they have to prove the amount and type of injury in their claim:
"Such uses of Sony/ATV Compositions without the express
authorization or license has caused and continues to cause substantial
and
irreparable injury......." ?
Just reading their extortion-threat letter is causing me substantial
injury.....
I guess it wouldn't be prudent to ask for a link to or copy of what it
is you've done to so brutally hurt them. Those people are fucking
obscenities with legs, a mouth and shit for brains.
Try this:
http://www.google.com/search?q=lawyers+for+artists
Good luck and let us know how things go.
Ed
On Feb 24, 2005, at 4:55 PM, David Dixon wrote:
> I received the following at my home today, via Certified Mail.
>
> February 17, 2005
>
> David Dixon
> [address removed]
>
> Re: NOTICE OF WILLFUL COPYRIGHT INFRINGEMENT
>
>
> Dear Mr. Dixon:
>
> I write on behalf of Sony/ATV Music Publishing LLC ("Sony/ATV"), a
> copyright owner and the music publisher of an extensive catalogue of
> copyrighted musical compositions, including musical compositions
> written, individually and/or jointly, by John Lennon, Paul McCartney,
> George Harrison and Richard Starkey (individually and collectively,
> "The Beatles") and recorded and performed by The Beatles, including,
> but not limited to, "Run For Your Life," "Back In The USSR," "Taxman,"
> "And I Love Her," "Got To Get You Into My Life," "Lady Madonna,"
> "Hey Jude," "I Want To Hold Your Hand" and "We Can Work It Out,"
> to name just a few (the "Sony/ATV Compositions").
>
> It has come to our attention that you are using Sony/ATV Compositions,
> or derivative works thereof, without authorization or license in
> connection
> with (i) the advertising and promotion of a musical group p/k/a
> Beatallica;
> (ii) the making available, distribution and performance of musical
> works;
> (iii) the promotion and sale of merchandise; and (iv) the advertising
> and
> promotion of the Beatallica websites, owned and operated by you or
> under
> your direction and control at Beatallica.com and Beatallica.org (the
> "Sites"). Such uses of Sony/ATV Compositions without the express
> authorization or license has caused and continues to cause substantial
> and
> irreparable injury and is in direct violation of Sony/ATV's rights,
> including, without limitation, those under the United Stated Copyright
> Act.
>
> Accordingly, you must immediately:
>
> - cease exploiting Sony/ATV Compositions and all unauthorized
> derivative works thereof;
>
> - provide Sony/ATV with written assurance that all such
> unauthorized uses have ceased;
>
> - provide Sony/ATV with information regarding any and all audio
> and audio-visual product (e.g., cassette, CD, DVD, multimedia, MP3 and
> other electronic files), merchandise and written material (electronic
> and
> otherwise), and any other product that incorporates or uses Sony/ATV
> Compositions or any unauthorized derivative works thereof, including,
> but
> not limited to, the (a) dates on which each audio, audio-visual, or
> other
> product was created and distributed; and (b) number of copies of each
> audio, audio-visual or multimedia work, merchandise or other product
> that
> was created;
>
> - provide Sony/ATV with an accounting of all sums received or
> earned in connection with the exploitation of the Sony/ATV Compositions
> and all unauthorized derivative works thereof, as well as the
> operation of
> the Sites; and
>
> - compensate Sony/ATV in an amount to be discussed after you
> have promptly complied with the foregoing.
>
> Your failure to promptly take the steps outlined above and contact me
> within ten (10) days from your receipt of this letter will force
> Sony/ATV
> to pursue all available legal remedies in equity and at law, including,
> without limitation, seeking statutory damages and attorneys fees
> routinely
> awarded in the federal courts.
>
> This letter is not an exhaustive recitation of Sony/ATV's claims in
> this
> matter, and is accordingly written without prejudice to Sony/ATV's
> rights
> and remedies in the foregoing, all of which are hereby expressly
> reserved.
>
> I can be reached by phone at (212) 833-5374 or by facsimile at
> (212) 833-4742.
>
>
> Sincerely,
>
>
> Andrew Sanders
> Director
> Business and Legal Affairs
>
>
> cc: J.Kant, K. Weissman
>
>
>
>
> If I have to go to fucking court, I am going to go to fucking court.
>
> D^2
> Webmaster of Puppets
> http://beatallica.org
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