Scribd DMCA Counter Notification Letter Against Photo Attorney Carolyn E. Wright

My customized DMCA Counter-Notification Letter Against Attorney Carolyn E. Wright’s DMCA Complaint has been submitted and posted:

The text is below:

February 29, 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.

This letter is a formal response to a claim of copyright infringement against one of the documents (id: 61479994) by Carolyn E. Wright (  and ) that we uploaded and published on 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, 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).  That liability (as a result of her own actions) could damage her ability to practice law in states she current has a law license in including: California, Georgia, and Nevada.

As the original complainant knows and can easily verify, the disputed document we shared on Scribd was sent/delivered by one of her law associates, Attorney Evan Andersen as a legitimate and legal business communication to the original, intended recipient.  That recipient was within their full rights as the intended recipient to provide their copy to us or anyone else for the purpose of open reporting and commentary of the letter’s contents, its structure, appearance, and messages within that letter.

To our knowledge, Carolyn E. Wright has not registered that business communication letter with any legitimate copyright registration service. And even if by some slim chance she did, she should know that the provision of “fair use” appropriately applies in matters of open reporting and commentary which our Scribd account and our website is clearly dedicated to. As a copyright lawyer herself, she should realize she could be held to a higher standard of knowledge and conduct.

Further, this counter-notification letter will be openly shared and posted to inform her and others that we will not tolerate persistently abusive and illegitimate DMCA complaints against our online accounts (and consequently damage 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.

As further warning, any future inappropriate and frivolous filings against our Scribd (or any other online account) could result in a written complaint submitted to the State Bar of which she practices.

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.


Matthew Chan

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