Copyright Infringement Response to Microsoft |
Here is my repsonse to Microsoft's complaint about my CD key web page. Along with this email there was a mirror letter which was sent via certified mail with signature required directly to the Microsoft addrress listed in the complaining email.
Subject: [Fwd: Fw: THIRD Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 39416] |
From: Brian Carr <brian@brian.carr.name> |
Date: Tue, 28 Mar 2006 08:32:44 -0800 |
To: James Young <Internet1@microsoft-antipiracy.com> |
|
Attached is an email which claims to have originated from you and
your organization. If the email is fraudulent, could you please
advise me of this fact so that I can begin pursuing the source of the
fraudulent email (and you can ignore the rest of this note). If
the email did originate with you and your organization, I request
that you respond to the remainder of this note.
Please cease
and desist your false and misleading claims concerning my web site,
OpenSourceRules.info. If you still believe that my web site
contains illegal or improper content, please provide to me
Evidence that Microsoft possesses the copyright to any material you claim is under their copyright protection and evidence that you are authorized to enforce this copyright on their behalf. In particular, Washington state courts have held that signed statements similar to those in your email (which is unsigned) are evidence though the particular signed statements included the clause 'certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.' so the omission of the reference to the state of Washington could be problematic and I trust you will resolve that omission.
If the programs on my site which you are claiming are illegal or improper are not copyrighted by Microsoft as requested above, please cite the statute or ordinance which makes their publication illegal or improper including the sections which are applicable.
Until you can demonstrate that the
publication of the programs described is illegal or improper please
refrain from making these false and misleading claims or it will be
necessary for me to file suit seeking redress from yourself, your
agency, and Microsoft. Your attentiion to this matter is
appreciated.
Brian Carr
This page was last updated on January 2, 2017FONT>