Originally Posted by SG

Dear Mr. X:

I am an attorney for SG Services, Inc. (?SuicideGirls?). As you know, your affiliate account with SuicideGirls was terminated over a year ago and you were asked to remove all SuicideGirls images and content from your site, http://www.cutegoths.com.

I see that you have yet to remove this content and request that you do so and confirm its removal to me to prevent legal action being taken against you.

Sincerely,
Leslie A. Cowan
Attorney for SG Services, Inc.

Originally Posted by qx

Dear Leslie

Four points, if I may.
#1 - I am not hosting any of the content. Your client is making it freely available to be linked to. Preventing this is facile, and is an action they can take at any time. In fact, I'm willing to provide your clients, directly, or via you, the code to do so. Not only that, as your client has probably failed to mention, they receive all credit and traffic that is sent via that page [minimal as it may be], as a gratuity.
#2 - You have not made it clear to me what, if anything is infringing..
#3 - I only respond to legal inquiries that are sent via registered post. As you are no doubt aware, there are many public cases where the DCMA has been cited inconsistently, much to the embarrassment of the issuing parties.
#4 - Following on from that, I am having troubles finding your name registered with any legal firms. If you could please update me on your credentials, for reasons highlighted above, I would be most appreciative.

I am not raising any of these points to be inflammatory, but merely as a standard response to help me understand the situation at hand, which I am sure you respect.
I am more than happy to further this discussion to the points above.

Yours faithfully,
X

Originally Posted by SG

Dear Mr. X:

The infringing content on your site consists of SuicideGirls images, of which SuicideGirls is the copyright owner. The following images are posted without our authorization on your site:

http://www.suicidegirls.com/media/gi...viewmedium.jpg

http://www.suicidegirls.com/media/gi...viewmedium.jpg

stack more images hosted on their site listed

Please promptly remove these images.
Sincerely,
Leslie A. Cowan

Attorney for SG Services, Inc.

Originally Posted by qx

Dear Leslie.
You have not addressed any of the points I have mentioned in my previous email.

Again, I am more than happy to comply, but until you address the points in my email, I cannot take such actions:
Namely, my attorney advises that:
1) You provide details of which state you are licensed in, and
2) A proper DCMA complaint [if that is indeed what you are wishing to lodge]

I am advised that I am able to proceed quite rapidly in compliance with you, but again I must draw attention to point number 1 in my previous email.
I will repeat what I said: I AM NOT HOSTING THIS CONTENT. THIS CONTENT IS ON YOUR SERVERS, FREELY AVAILABLE FOR ALL TO LINK TO.

This practice is called hotlinking, and is ENTIRELY preventable by your 'client', and is also entirely your 'client's' responsibility.
There are established precedents dismissing previous legal cases of 'hotlinking'.

If you are concerned about protecting your IP, please refer to:
http://images.google.com/images?q=su...=1&sa=N&tab=wi [set safe search preferences to off]
Which details just over 669,000 sites that are actively stealing your 'client's' content.

In the meantime, perhaps you can point your 'client's' technical team to the following link:
http://www.besthostratings.com/artic...t-linking.html

Once this is implemented, you will find that the 'infringing content' is no longer on my site.

I would encourage you to read the above points, and the points raised in my previous email.
The power to 'fix' this problem is entirely in your 'client's' hands.

Yours faithfully

Originally Posted by SG

Dear Mr. X:

I am licensed to practice law in the state of California. You are not
authorized to post these images since your affiliate account has been
terminated and you have been repeatedly asked to remove them. If you want a
DMCA format notice, here it is:


I am an attorney for SG Services, Inc. ("SuicideGirls").
I am writing to report copyright infringement on your site.

Copyrighted images owned by SuicideGirls appear on your site
http://www.cutegoths.com at the following links:
http://www.suicidegirls.com/media/gi...ox/previewmedi
um.jpg

more links that.. are on their site [?!]


Acting as an agent on behalf of SuicideGirls, I have a good faith belief
that the use of the photos identified above is not authorized by
SuicideGirls, any agent, or the law. I further declare, under penalty of
perjury, that the above is accurate, that SuicideGirls is the copyright
owner of all of the photos identified above and that I am authorized to act
on behalf of SuicideGirls.

SuicideGirls hereby reserves all rights and remedies it has at law and in
equity and nothing contained herein shall be deemed a waiver of such rights
or an election of remedies. Please let me know if you have any questions
concerning the above.

Sincerely,

Leslie A. Cowan
Attorney for SG Services, Inc.
6121 Santa Monica Blvd. #102
Los Angeles, CA 90038
(323) 667-9000
[email protected]

Originally Posted by qx

Ms Cowan:
As you're well aware:
#1 - I'm Australian. The DMCA doesn't actually exist outside of America. You know this.
#2 - "Repeatedly asked to remove" - the last conversation I had with your offices was the 30/11/2005. There was no takedown demand.
#3 - If I had the time or patience, I'd be filing a counter request. You know exactly how this would end up. But then again, I'm not American, so it wouldn't actually be legal.
#4 - Hotlinking is not copyright infringement. There is no case law. You know this.

For your reference, I've included a picture that might help you.
You can print it out and colour it in, if you like.