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/delete/ - DMCA Takedown Notices

DELETE THIS!
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Under 17 U.S.C. §512(i)(1)(A), repeat infringers' access to the website will be terminated.

aadede  No.1007

These are actionable DMCA takedown notices for the 8chan board >>>/magali/.

aadede  No.1008

November 28, 2018

Re: Claim Number: [redacted] FRE [redacted] Settlement Communication

Dear Sir or Madam,

The Law Firm of [redacted] represents [redacted]. Copyright images owned by [redacted] were discovered on 8chan website(s). Please see the attached exhibits that show the use of the copyrighted works. Our client has no record of you having a license to use their copyrighted work and has authorized us to contact you on their behalf. If you have a license, please contact us immediately with a copy of that license at [redacted], please include the claim number [redacted].

[redacted] is a leading fashion and product photographer. His clients include multiple Fortune 500 companies and his work has appeared in leading magazines. Businesses using his work without a license is a big problem that threatens his livelihood. He spends countless hours and money working to stop the unauthorized use of his work.

If 8chan does not have a license, we believe the use of the work is a violation of The Copyright Act, Title 17 of the United States Code. As the violation occurred on a company website, the company is liable for the unauthorized use, including cases in which a website designer, employee or a third party is responsible for the inclusion of this image on your website. Even if your use of the image without a license was unintentional, for example; if the image was found on the Internet and believed to be available for free use, it is still a violation of copyright law, and ceasing use of the images now may reduce the liability, but not release you or your organization from liability.

The unauthorized use of my client's work threatens my client's livelihood. While [redacted] does have the right to bring a lawsuit for damages, my client is willing to settle this in an amicable way, out of court and without a lawsuit. I was asked to contact you and see if we can negotiate a settlement and save everyone the stress and costs of going to court. Please know that I only have a limited amount of time to settle this claim out of court.

If forced to go to court, my client will ask for the maximum relief possible, which may include statutory damages under 17 USC §504 for up to $150,000 for intentional infringement or $30,000 for unintentional infringement. My client would also ask the court to have you pay court costs and attorneys fees. Copyright lawsuits can result in judgments, wage garnishments and liens on property. In some instances, the business owner can be held individually liable.

This type of claim is often covered by business insurance. You may wish to forward this to your insurance carrier. You may also wish to hire an attorney.

If we do not hear from you within 30 days from the date of this letter, we will have no choice but to take this to mean that you do not have a license and do not want to settle this matter out of court.

To resolve this matter efficiently and amicably out of court, please follow these steps:

(1) Within five business days after receipt of this letter, remove all occurrences of the image from your website(s), cease using it in any way, and confirm in writing that you have done so.

AND

(2) Within seven business days after receipt of this letter, return to our firm the attached Release License, along with your payment in the form of a valid cashier's check or money order for $2000 payable to [redacted]. This can be returned to us via US Mail. You can also pay over the phone or online at [redacted]. Your login is [redacted]. Your password is [redacted]. If you choose to make your payment online, you can return the Release License via email to [redacted]. Please include the case number [redacted] in the subject line.

Please feel free to call or email us to discuss this matter, [redacted] or send email to [redacted].

Sincerely,

[redacted]

[redacted]

[redacted]

EXHIBIT A

Infringing webpages:

https://8ch.net/magali/res/13741.html

Infringing file locations:

https://media.8ch.net/file_store/thumb/79195b64fb4e6e03e57fd5390edec05c38d38848ce0fd4146633310b8d9f41a8.jpg

Infringing images and screenshots are shown below. You can receive copies of these images via email by sending a request to [redacted]. The email must include the case number [redacted] in the subject line.




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