[DeTomaso] Fwd: U.S. Copyright Violations

[Ed Mendez]

Here is his response.

I removed all pictures of his car and his interior article, so I think I have done my due diligence. Even though as a volunteer officer of the club he gave up the rights to his intellectual property when he put it on the site, so I probably removed more than I should have.

He is now saying he wants the whole site removed.

Begin forwarded message:

From: Michael Shortt <michaelsavga at gmail.com>
Date: July 25, 2016 2:24:59 PM
To: Ed Mendez <edducati at mac.com>
Subject: Re: U.S. Copyright Violations

everything that you didn't do would have been done by me.

so all of it

every photo in every library

every word in any post or blog

any photo or graphic

any pho0to that was post which was altered by me, which would be all of them




On Mon, Jul 25, 2016 at 5:11 PM, Ed Mendez <edducati at mac.com> wrote:
Can you be more specific as to what content exactly?


On Jul 25, 2016, at 01:42 PM, Michael Shortt <michaelsavga at gmail.com> wrote:

Be advised that POCA.Com continues to violate US Copyright Law by displaying /using unaiuthorized content created by me in the form of text, graphics, photos and design elements.
You have been given 96 hours to remove them and have not done so.
Each violation will be noted and listed as a separate violation in a complaint to be filed with the US Eastern Judicial Circuit of the United States Federal District on Tuesday, July 26, 2016.

This is the last time I'm going to tell you to remove everything from the website.  You are not going to use my work to entice people into that toxic and divisive club.

Copyright
A bundle of intangible rights granted by statute to the author or originator of certain literary or artistic productions, whereby,for a limited period, the exclusive privilege is given to that person (or to any party to whom he or she transfers ownership) to make copies of the same for publication and sale.
A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or recording companies. Violation of a copyright is called infringement.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws

Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages affixed at not less than $750 and not more than $30,000 per work infringed. For "willful" infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys' fees. For details, see Title 17, United States Code, Sections 504, 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office atwww.copyright.gov, especially their FAQ's at www.copyright.gov/help/faq.

-- 







Michael L. Shortt
Savannah, Georgia
michael at michaelshortt.com
912-232-9390

 
This email is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
privileged.  If you are not the intended recipient, you are hereby notified
that any retention, dissemination, distribution or copying of this
communication is strictly prohibited.  Please reply to the sender that you
have received this message in error, then delete it.  Thank you



-- 







Michael L. Shortt
Savannah, Georgia
michael at michaelshortt.com
912-232-9390

 
This email is protected by the Electronic Communications Privacy
Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
privileged.  If you are not the intended recipient, you are hereby notified
that any retention, dissemination, distribution or copying of this
communication is strictly prohibited.  Please reply to the sender that you
have received this message in error, then delete it.  Thank you
-------------- next part --------------
   Here is his response.

   I removed all pictures of his car and his interior article, so I think
   I have done my due diligence. Even though as a volunteer officer of the
   club he gave up the rights to his intellectual property when he put it
   on the site, so I probably removed more than I should have.
   He is now saying he wants the whole site removed.

   Begin forwarded message:

     From: Michael Shortt <michaelsavga at gmail.com>
     Date: July 25, 2016 2:24:59 PM
     To: Ed Mendez <edducati at mac.com>
     Subject: Re: U.S. Copyright Violations

   everything that you didn't do would have been done by me.
   so all of it
   every photo in every library
   every word in any post or blog
   any photo or graphic
   any pho0to that was post which was altered by me, which would be all of
   them
   On Mon, Jul 25, 2016 at 5:11 PM, Ed Mendez <[1]edducati at mac.com> wrote:

   Can you be more specific as to what content exactly?
   On Jul 25, 2016, at 01:42 PM, Michael Shortt
   <[2]michaelsavga at gmail.com> wrote:

   Be advised that [3]POCA.Com continues to violate US Copyright Law by
   displaying /using unaiuthorized content created by me in the form of
   text, graphics, photos and design elements.
   You have been given 96 hours to remove them and have not done so.
   Each violation will be noted and listed as a separate violation in a
   complaint to be filed with the US Eastern Judicial Circuit of the
   United States Federal District on Tuesday, July 26, 2016.
   This is the last time I'm going to tell you to remove everything from
   the website.  You are not going to use my work to entice people into
   that toxic and divisive club.

Copyright

   A bundle of intangible rights granted by statute to the author or origi
   nator of certain literary or artistic productions, whereby,for a limite
   d period, the exclusive privilege is given to that person (or to any pa
   rty to whom he or she transfers ownership) to make copies of the same f
   or publication and sale.

   A copyright is a legal device that gives the creator of a literary, art
   istic, musical, or other creative work the sole right to publish and se
   ll that work. Copyright owners have the right to control the reproducti
   on of their work, including the right to receive payment for that repro
   duction. An author may grant or sell those rights to others, including
   publishers or recording companies. Violation of a copyright is called i
   nfringement.

Summary of Civil and Criminal Penalties for Violation of Federal Copyright
Laws

   Copyright infringement is the act of exercising, without permission or
   legal authority, one or more of the exclusive rights granted to the
   copyright owner under section 106 of the Copyright Act (Title 17 of the
   United States Code). These rights include the right to reproduce or
   distribute a copyrighted work. In the file-sharing context, downloading
   or uploading substantial parts of a copyrighted work without authority
   constitutes an infringement.

   Penalties for copyright infringement include civil and criminal
   penalties. In general, anyone found liable for civil copyright
   infringement may be ordered to pay either actual damages or "statutory"
   damages affixed at not less than $750 and not more than $30,000 per
   work infringed. For "willful" infringement, a court may award up to
   $150,000 per work infringed. A court can, in its discretion, also
   assess costs and attorneys' fees. For details, see Title 17, United
   States Code, Sections 504, 505.

   Willful copyright infringement can also result in criminal penalties,
   including imprisonment of up to five years and fines of up to $250,000
   per offense.

   For more information, please see the Web site of the U.S. Copyright
   Office at[4]www.copyright.gov, especially their FAQ's
   at [5]www.copyright.gov/help/faq.
   --
   Michael L. Shortt
   Savannah, Georgia
   [6]michael at michaelshortt.com
   912-232-9390

   This email is protected by the Electronic Communications Privacy
   Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
   privileged.  If you are not the intended recipient, you are hereby
   notified
   that any retention, dissemination, distribution or copying of this
   communication is strictly prohibited.  Please reply to the sender that
   you
   have received this message in error, then delete it.  Thank you

   --
   Michael L. Shortt
   Savannah, Georgia
   [7]michael at michaelshortt.com
   912-232-9390

   This email is protected by the Electronic Communications Privacy
   Act, 18 U.S.C. Sec. 2510-2521, is confidential and may be legally
   privileged.  If you are not the intended recipient, you are hereby
   notified
   that any retention, dissemination, distribution or copying of this
   communication is strictly prohibited.  Please reply to the sender that
   you
   have received this message in error, then delete it.  Thank you

References

   1. mailto:edducati at mac.com
   2. mailto:michaelsavga at gmail.com
   3. http://POCA.Com/
   4. http://www.copyright.gov/
   5. http://www.copyright.gov/help/faq
   6. mailto:michael at michaelshortt.com
   7. mailto:michael at michaelshortt.com