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Thread: Frivolous DMCA Notices

  1. #11
    Josh Manders's Avatar
    Josh Manders is offline Web Developer Extraordinaire
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    harassment of underage persons is illegal in
    Canada, also is uttering threats.
    LOL so he's a minor? I'd just send a nice letter to his parents about his activities and let them beat the piss out of him, then forget all about it, because your host knows he can't do nothing anymore, so he's no harm, just wasting his own time.

  2. #12
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    Quote Originally Posted by Killswitch View Post
    LOL so he's a minor? I'd just send a nice letter to his parents about his activities and let them beat the piss out of him, then forget all about it, because your host knows he can't do nothing anymore, so he's no harm, just wasting his own time.
    Tried that months ago. His parents are as equally ignorant.

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    robjones (12 July, 2010)

  4. #13
    Josh Manders's Avatar
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    Quote Originally Posted by Kovich View Post
    Tried that months ago. His parents are as equally ignorant.
    Maybe put a spur in their ass by sending a legal document to cease and desist to them for his actions, I bet they won't be so ignorant then.

  5. #14
    Kovich's Avatar
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    Going to provide a quick update here, with more informative tips.
    I hope you all can gather some knowledge from this situation.

    Again, it would be very difficult for you to sue me since, I currently
    reside in Ontario, Canada, and not in the United States, many things
    would be needed to pursue action.
    This is an important tip that I think everyone in online business should know about. Simply because you reside in a different country you are not immune to the law. When it comes down to copyright law, it's an international thing. Now, if you live in a lawless country like Nigera, you won't be prosecuted. If you live in a developed nation, you're responsible for the laws of the country in which you live, the laws of the country in which your server is hosted, and the international laws and regulations that have been established to protect people from being victimized. Other, more serious crimes, like Perjury, will be prosecuted regardless of where the offender lives. Many countries take their laws seriously and will do whatever it takes to ensure justice.

    Also, I am speaking with local Legal Council to see what action or
    amount I could legally sue you for, if you decide to take action, and
    it is accepted, which bring me to trial in America. These cases could
    include a law suit for over 100,000 in damages and more.
    The individual quoted above seems to have collected the misconception that the legal system supports retaliation and revenge. He thinks that if I was to sue him, or that if my government was to sue him, he could, in turn, sue me for suing him. Unfortunately, that is not the way that any legal system works. There are always counter-claims, but these are in civil matters, and even then, do not fit the definition he has in his mind. If anybody in a case like this can sue for damages, it is myself, and not at all him. Furthermore, the amount of damages being sued for must be reasonable and backed by documentation - not random numbers simply drawn out of the air.

    I'm paid over 100 per hour for some work that I do. Technically any
    time that I spend there would be charged at the same rate. Which
    means, if legally I can prove you took me to court without cause (and
    trust me, I can) you will be responsible for such fees +
    transportation to said place. Which would go on-top of the 100,000 in
    damages.
    The individual continues to exemplify legal ignorance with this paragraph because he fails to understand that the charge of perjury is a criminal matter and not a civil one. Furthermore, if it were a civil case, he still is not compensated for having to appear in court. In some cases, the person who lost may be required to pay legal fees, but never to the definition this individual has in mind, and never to this extent. There is simply no basis for what is said in the above quoted paragraph. (On a side note, I'm not sure that a PR0 blog produces a hundred dollars an hour, but that's none of my business.)

    --
    Please note the content of this e-mail is protected by copyright,
    republishing is illegal and will be prosecuted.
    The individual amended this to the end of his letter. I would like everyone to keep in mind that an e-mail is not protected by any copyright law, intellectual property law, or anything of the sort. No one can be prosecuted for republishing an e-mail or other text-based communication of this nature.

    Finally, the individual also took it upon himself to try and spam Facebook with reports against my personal profile because he does not like my profile picture. When you take action like this, you only hurt yourself in the long run. Now, when the legal battle is engaged, there is more than sufficient evidence against this individual to prove that he is not only stalking me, but has some sort of personal vendetta against me, which shows clear intent and backs up my claims. The other downside to filing false reports with organizations is that they will never take you seriously in the future. Anyone remember the story of the boy who cried wolf?

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    Aquarezz (6 July, 2010), Aziz (6 July, 2010), robjones (12 July, 2010), Shenron (6 July, 2010), tmongy (6 July, 2010)

  7. #15
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    Help, there's a wolf!

  8. #16
    Josh Manders's Avatar
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    This is getting juicy. Whoop that trick!

  9. #17
    nux
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    Ya this is just ridiculous. It seems he's pissed ya off enough to pursue this. I know I would.

    Best of luck (not that you need luck in a situation like this)
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  10. #18
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    I wonder what this guy has against you Kovich. Can't you try to sort things out by a phone call or instant chat session? Even if you are right (We know you are) and have the law on your side, you are wasting lots of time with the DCMA stuff, Facebook and the like, so why not smoke the pipe of peace with him?

  11. #19
    Kovich's Avatar
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    Yeah, I tried to work things out for months. He's just intent on carrying out his childish need for destruction for reasons unknown. I have been ignoring him or trying to reach amicable resolutions with him since back in late November to no avail. Since now he's just dedicating his days to doing anything he can to disrupt my business practices, I have no other choice but to pursue legal action to get him to cease and desist, because I can't have him doing this. (Even though he hasn't been successful with his ultimate goal, it's a waste of my time and resources.)

    But, as you said, it is quite clear here that I am in the right, and that the law is on my side. So, I expect this to be over with very soon.

    A number of our fellow NetBuilders have been around to see this guy making constant attempts to cause problems for me.

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    robjones (12 July, 2010)

  13. #20
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    I'll verify Kovich's point... the guy is nothing more than an obsessed troll (my words, not Kovich's). I just got contacted by the prick and he fantasizes that he has a big libel case on the basis of this thread... in which Kovich doesnt even identify him.

    LOL, I'm guessing he hasnt read up on the tenets of a libel case... it's a bit hard to claim you've been "harmed" when you weren't even identified, and it is a defense if in fact the statements were true. That's what happens when children decide they're really lawyers.

    If his parents dont get his semi-retarded bull-in-a-china-closet butt off the computer and send him out to play in the sunshine they may find out they really ARE liable for his actions in a legally binding and terribly expensive fashion.

    Anyway... in response... I just hit the "thanks" button on every post Kovich has in the thread. This little putz needs to get a life and forget about Netbuilders, Kovich, or any forum he's managed to get his petulant little rear tossed out of for just cause. What an obsessive little freak.
    -- Do not meddle in the affairs of dragons, for you are crunchy and good with ketchup. --

  14. Thanked by:

    Aziz (12 July, 2010), Kovich (12 July, 2010)

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