From: Sidney Cammeresi <sac@cheesecake.org>
To: sununixguru@yahoo.com
Subject: Re your allegation of copyright violations
Date: Fri, 21 Mar 2003 10:02:49 -0600
Organisation: Nusoph Enterprises, Unl.
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Mr Bambenek:

Reference your e-mail sent to McLeodUSA of this 14 March in which you
stated that the web site at www.killfile.org/why/bambenek.html constituted
a violation of your copyrights.  I was only able to receive this complaint
on this past 20 March, hence the delay you see in hearing a reply.

I firstly note that you say you had 'explicitly asked them' to remove
infringing material 'on several occasions.'  I do not know whether I am
a component of 'them,' but this is the first time I have heard of any
copyright issue arising from a machine on my network.

I attempted to examine this web page to assess whether it contained any
content which could be copyrighted by you, but the URL you mention does
not exist.  At length, I believe I was able to find the site about which
you intended to write:  http://www.killfile.org/dungeon/why/bambenek.html.
Please confirm that this assumption is correct.

As you know, this web site is run by Mr Tim Skirvin, not by me.  I have
forwarded your request to him, and he has informed me that he has taken
steps to comply with your request.  Although you claim that the page
contains a copyrighted name and e-mail address, I am sure that since you
are aware of copyright law that you know that such an assertion has no
basis in law since names and phrases cannot be copyrighted.  Mr Skirvin
has advised me, however, that he has altered your name and removed your
e-mail address without comment on your interpretation of the law.

As to other questions of copyright, I found that most of the material
at the site in question was authored by Mr Skirvin.  There were some
newsgroup postings reproduced on the site that were authored by you,
but Mr Skirvin has decided to not debate his rights to fair use and has
elected to remove these posts, again without comment on your claim's
basis in law.

As I write, I see no further material on the site which should constitute
an infringement of any copyrights you might have.  Please review his
site and advise me if any such material does exist there.  If you do
find such material, please notify me of such and provide me with the
following so that I may raise that issue with Mr Skirvin:

    (1) a URL of each specific alleged infringement and a description
        of what material at that URL is infringing;
    (2) your contact information, specifically, your postal address
        and telephone number;
    (3) a statement that you have a good faith belief that the use of
        the material in the manner complained of is not authorised by
        you or by the law; and
    (4) a statement that all information contained within your
        notification is accurate, and under penalty of perjury,
        that you are authorised to act as the owner of an exclusive
        right that is allegedly infringed (17 USC 512 (c)(3)(a) et seq.)        

If I do not hear from you within a reasonable time, I shall consider
this matter resolved.

Sincerely,

-- 
Sidney CAMMERESI
http://www.cheesecake.org/sac/