Gilbert
Walker made several contacts to my web host server in an effort to have
me shut down
days before I became aware of it. The first notification that I
received from EVE was as follows:
Not a single word has been changed.
Craig
Can you bring me upto date on your problems with Gilbert Walker.
I need to respond to him to protect eve.
Thanks Harold
------- Forwarded message follows ------- Date sent: Thu, 19 Oct 2006 12:44:11 -0700 (PDT) From: Gilbert Walker <gilbertwalkeriiiesq@yahoo.com> Subject: Copyright violation/DMCA notice, www.bobsboots.com To: support@eve.net
Per our telephone/VOIP conversation of approximately 3pm today, I am notifying you that the website known as "Bob's Boots" (aks "bobsboots"), with the URL/doman name http://www.bobsboots.com
hosted by Eve, Inc. with the IP address xx.xx.xxx.xx violates my copyright rights in the Bob Dylan Field Recordings Guide. The material used by "Bob's Boots" and its site operator, who identifies himself as Craig Pinkerton, is the central element in the "Bob's Boots" site. Since that site is an unauthorized derivative work based on my intellectual property, all legitimate copyrights in the site's material belong to me.
The Field Recordings Guide may currently be found online at
http://www.angelfire.com/wa/monicasdude
Mr. Pinkerton has openly admitted that he has improperly used my copyrighted material on his site:
http://groups.google.com/group/rec.music.dylan/browse_thread/thread/747c39b1d22a1a99/d26f05778841f58b?lnk=st&q=group%3Arec.music.dylan+author%3Adylanfan%40zoomnet.net&rnum=31&hl=en#d26f05778841f58b
although that admission is neither candid nor appropriately reflective of the extensive infringement.
Mr. Pinkerton, after having agreed to remove the infringing material from his site and to apply accurate credits and copyright notices on material derived from my site if I allowed its use, began the process of removing infringing material.
In the recent past, however, he has returned all the infringing material to his site, removed all credits regarding its source, and knowingly applied false copyright notices to material on which I own the copyright.
Mr. Pinkerton, in connection with various enterprises to derive revenue from the site, such as an Amazon associates agreement, has falsely represented to third parties that he is the owner of the copyrights to material I created, and to the unauthorized derivative works based on material under my copyrights.
As the copyright owner, I want the "Bob's Boots" site removed from your hosting service expeditiously.
If you require sample displays of infringing pages in addition to Mr. Pinkerton's admission, I can provide them quite quickly and document beyond question the primacy of my use via widely recognized Internet archiving services.
I would also note that Mr. Pinkerton has used the "Bob's Boots" site for various illegal enterprises, including the holding of illegal lotteries, as described here:
http://www.bobsboots.com/promo/DONATEpromo.html
and the promotion and advertising of enterprises engaged in the commercial trafficking in unauthorized live music recordings, as shown on these pages
http://www.bobsboots.com/links/index.html
http://www.bobsboots.com/trader/WantAds.html
in violation of 18 USC 2319A. In the past, Mr. Pinkerton has himself personally violated that statute by arranging delivery of such recordings to individuals in the United States for a charge of $25/event.
Gilbert Walker III, Esq 48 Lexington Road West Hartford, CT 06119-1747 gilbertwalkeriiiesq@yahoo.com
|