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Author Topic: New Canadian Settlement Demand Letter by Attorney Julie Stewart of Blackline Law  (Read 3291 times)

Matthew Chan

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Check out yet another new player in the settlement demand letter business generously submitted by Loopster.

This new settlement demand letter comes from Toronto, Canada by Attorney Julie Stewart of Blackline Law (http://blacklinelaw.ca)

http://www.scribd.com/doc/70625769/Blackline-Settlement-Demand-Letter-Sample

Our online database of players in the settlement demand letter business continues to grow.

==============

As of November 16, 2011, Julie has conveniently filed a DMCA complaint to Scribd about our revealing a demand letter she issued to a letter recipient. She knows it does not qualify for copyright protection. It has been explained to her but she is making that claim nevertheless. She desperate wants to hide this information and we are equally determined to make people aware of it.  It is my intention to respond to Scribd and contest this.

Scribd:

Hello, extortionletterinfo --

We have removed your document, "Blackline Settlement Demand Letter " (id: 70625769) in response to a third-party notification or other indicia that this document was uploaded to Scribd.com without the authorization of the copyright owner. If you believe the removal of this document is the result of a mistake or misidentification, please visit our Scribd Support Desk to access the instructions for providing a counter-notification.

For more information, read about our Copyright Management System or contact us through copyright@scribd.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that content was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce our policy that provides for the termination of users who are identified as repeat infringers.

Thanks for your cooperation.
-Scribd Customer Care

P.S. You can always fine-tune which notifications you receive or opt-out completely.

Scribd Inc., 539 Bryant St., Suite 200, San Francisco, CA 94107, USA
« Last Edit: November 16, 2011, 06:08:17 PM by Matthew Chan »
Read http://Defiantly.net. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, irony, snark, sarcasm, epithets, & profanity. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Oscar Michelen

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Re: New Canadian Demand Letter by Attorney Julie Stewart of Blackline Law
« Reply #1 on: November 05, 2011, 03:54:14 PM »
I guess Hawaii Art wants to spread the love.  Another lawyer unlikely to sue over any of this.
« Last Edit: November 13, 2011, 02:28:17 PM by Matthew Chan »

Matthew Chan

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This obscure ELI post has now resurrected by Canadian Lawyer Julie Stewart herself!

http://www.extortionletterinfo.com/forum/index.php/topic,2346.msg3687.html#msg3687

She emails a letter to Oscar and I objecting to the post we have made about her letter on behalf of Hawaiian Art Network. You can follow our thread of conversation on that post.
« Last Edit: November 13, 2011, 09:56:38 PM by Matthew Chan »
Read http://Defiantly.net. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, irony, snark, sarcasm, epithets, & profanity. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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The attacks to ELI continue.  Julie Stewart has filed a DMCA complaint to Scribd attempting to hide and cover up her letter.  She knows that business communications she sends out is not under copyright protection but she has done so anyway. It appears I have to provide Scribd with a counter-notification letter.

=================

Scribd:

Hello, extortionletterinfo --

We have removed your document, "Blackline Settlement Demand Letter " (id: 70625769) in response to a third-party notification or other indicia that this document was uploaded to Scribd.com without the authorization of the copyright owner. If you believe the removal of this document is the result of a mistake or misidentification, please visit our Scribd Support Desk to access the instructions for providing a counter-notification.

For more information, read about our Copyright Management System or contact us through copyright@scribd.com.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that content was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce our policy that provides for the termination of users who are identified as repeat infringers.

Thanks for your cooperation.
-Scribd Customer Care

P.S. You can always fine-tune which notifications you receive or opt-out completely.

Scribd Inc., 539 Bryant St., Suite 200, San Francisco, CA 94107, USA
« Last Edit: November 16, 2011, 06:10:07 PM by Matthew Chan »
Read http://Defiantly.net. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, irony, snark, sarcasm, epithets, & profanity. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Matthew Chan

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I emailed and faxed my counter-notification letter to Scribd. I have also uploaded a copy of that letter to Scribd. It is quite self-explanatory and definitely not a cookie-cutter counter-notification letter.

http://www.scribd.com/doc/72973745/Scribd-DMCA-Counter-Notification-Letter-Blackline

I have also pasted the text of that counter-notification letter below.

================

November 16, 2011

Scribd, Inc.
Attn: Jason Bentley, Copyright Agent
539 Bryant St, Suite 200
San Francisco, CA 94107
FAX: 415.896.9896 (Attn: Scribd DMCA copyright infringement notification)

Dear Mr. Bentley:

We regret that a DMCA complaint was made to our account and that you and Scribd have to take time to deal with this matter. While we are not perfect, I can assure you we strive to be good and compliant online citizens with Scribd and every online service we utilize.

Because I have not yet been provided a copy of the original complaint, I have assumed the identity of the original complainant is Julie Stewart of Canada.  I respectfully request a copy of the original DMCA complaint for my records. You can email it to: matt30060@gmail.com or FAX it to: 888-696-3441.

This letter is a formal response to a claim of copyright infringement against one of the documents ((id: 70625769) that I’ve uploaded and published on Scribd.com. I believe the claims of copyright infringement are inaccurate and should be rejected because:

The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

Because of the nature of the material being reported and prior arguments were given in an earlier email letter by both myself and New York Attorney Oscar Michelen to the original complainant, I have strong belief that the original complainant (who is a copyright lawyer herself) did not simply make an honest error but has knowingly and willfully filed a false DMCA complaint. Unfortunately for her, she has now potentially exposed herself to liability as described in 17 USC 512(f).

As the original complainant knows, the disputed document we shared on Scribd was sent/delivered by herself as a legitimate and legal business communication to the original, intended recipient.  That recipient was within her full rights as the intended recipient to provide her copy to us or anyone else for the purpose of sharing or publishing of the contents and messages within that letter.

It had already been made clear by myself and Mr. Michelen that copyright protections do not extend to actual business communications. Certainly, to our knowledge she has not registered that business communication letter with any legitimate copyright registration service. As a copyright lawyer herself, she should realize she could be held to a higher standard of knowledge and conduct.

It is for the reason of the egregious contents and messages within this letter that the document is being suppressed at Scribd through the abuse of the DMCA complaint process. I find her conduct of abusing the DMCA complaint system both outrageous and unbecoming of a lawyer of any state or country including Canada.

Further, I will be sharing this counter-notification letter to inform her and others that we will not tolerate persistent and abusive and illegitimate DMCA complaints against our online accounts (and consequently our online reputation) with Scribd or any other online service.


This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law. I also understand that you will provide a copy of counter-notification letter to the original complainant.

Further, according to 17 USC 512(f), any person who knowingly misrepresents that material is infringing shall be liable for any damages, including costs and attorneys’ fees incurred by me and other related parties as a result of removing or disabling access to hosting services or other materials claimed to be infringing or in replacing the removed material.

I ask that Scribd, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

My name, address, and telephone number are:

Matthew Chan
1639 Bradley Park Dr.
Suite 500, PMB 110
Columbus, GA 31904
Phone: (762) 359-0425

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside. I agree to accept service of process from the complainant.

Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the original complainant of this notice, and restore the material in dispute (and not take the material down again).

Sincerely,
 
Matthew Chan

Read http://Defiantly.net. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, irony, snark, sarcasm, epithets, & profanity. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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