|
Question about Jenna Lewis legal problem
Ok, so I've had some domains up advertising celebsunzipped for the Jenna Lewis sex tape and today I received a phone called (got a message) and two emails.
The first email was a cease and desist at 2pm saying I had to have everything removed by 5pm. I got home at 6:30 pm and removed everything, but there was the second email saying I was too late and they were taking me to court. I emailed back and left a message on the phone number he gave me. Here are the emails. What are your opinions/suggestions on this? What should I say/do? BTW: On the domains, the only things that were available were 6 thumbnail pics...the same 6 thumbnail clips that you will find all over the web if you type in "jenna lewis porn" on Google. There was also an article describing the Jenna Lewis news.
Email 1:
My name
&
ALL PARTIES IN VIOLATION
I manage Jenna Lewis (Survivor ? Survivor All Stars)
and her husband Travis Wolfe. You have wrongfully
and deliberately posted explicit home videos and or
clips of my clients Jenna and Travis on your website(s)
lists some of my domains
for download and or sale sale.
You DO NOT have permission nor the right to do so. This
is your first and final notice to CEASE AND DESIST these
actions at once. You have until 5:00 PM Monday August 30,
2004 Eastern Time (TODAY) to remove all clips and videos
from your website as well as remove all likeness, clips and
reference to my clients. If you fail to adhere you would leave
me no choice but to turn this matter over to litigators at
which time they will vigorously pursue the company and
partners (personally), be it in the US, or some other
foreign land, for immediate injunctive and monetary relief
for damages. Your actions are egregious, harmful,
criminal and without merit.
Andre Jetmir
Manager
310.985.6100
This correspondence serves as an official notice, pursuant to
Section 512 of the United States Copyright Act of 1976 (also
known as the Digital Millennium Copyright Act of 1998 (DMCA)),
of illegal use of material, copyrighted by my clients:
JENNA LEWIS AND TRAVIS WOLFE
In addition [ "monetary remedies" (section 1203(c)(5)(B))], it is a
criminal offense to violate section 1201 or 1202 willfully and for
purpose of commercial advantage or private financial gain. Under
Section 1204 penalties range up to a $500,000 fine or up to five
years imprisonment for a first offense, and up to a $1,000,000
fine or up to 10 years imprisonment for subsequent offences.
Nonprofit libraries, archives and educational instiutions are
entirely exempted from criminal liability. (Section 1204(b))
Email 2:
You have failed to adhere to my clients' request. I have instructed their attorneys to file a complaint in federal court tomorrow morning. They have also been instructed to contact Mastercard and Visa directly regarding your fraudulent activity. We have also contacted your hosting service. We will be contacting you via legal service. You need not respond to this email. This is now a legal matter...that you will lose. It cost realitytail mid six figures to settle out of court and that's what we will be seeking from you at a very minimum.
See you in court.
AJ
|