To: abuse_thepiratebay.org
From: Andrew Beaudoin <andrew@vicam.com>
Subject: ABUSE - Copyright Infringement; Trademark Abuse
Date: Thu, 21 Jul 2005 09:33:12 -0400
PRQ (DBA: TFR, THEPIRATEBAY)
Box 1206
Stockholm, 11479
Sweden
Voice - +46-707-323-819
Fax - +46-707-323-819
To whom it may concern:
I am writing to you as the legal representative of Rabbit Valley
Comics®. Rabbit Valley® owns the copyright of all the published works
under the Another Rabco Disaster® trademark. I hereby notify you that
you are hosting material (published via a bittorrent tracker) which
infringes on our copyrights.
The address of the website is
http://thepiratebay.org/details.php?id=3357473Neither use nor distribution of this material has been authorized by
Rabbit Valley. Hence I have to conclude that this publication
constitutes an infringement of the copyrights of Rabbit Valley.
Under the European E-Commerce directives (Directive 2000/31/EC,
2004/48/EC, (EC) No 1383/2003) you, as a hosting provider, are liable
for unlawful content. If you don't act immediately after you have been
notified of this fact. I trust you will take all necessary measures
upon receipt of this notification to end this and all future
infringements of our intellectual property rights.
Thank you for your courtesy and anticipated co-operation.
Andrew Rabbitt
Vice President
Rabbit Valley
----------------------------------------------------------------------------------------------------
From anakata
Subject: Re: Copyright Infringement; Trademark Abuse
To: Andrew Beaudoin <andrew@vicam.com>
Dear Mr Rabbitt, (Why the extra T? Afraid of furry-jokes when paying
with your credit card? Or does the rabbit suit give you away?)
Even though we deeply respect and acknowledge your "intellectual"
property, we fail to see how an interpretation of the said directives
makes them applicable in this case.
NONE of the copyrighted data in question is published or ever stored on
our servers. Nor is any of the copyrighted data relayed through our
servers. The tracker merely provides .torrent files.
As to this day this activity is not prohibited by Swedish law and it's
our assessment that not even a wide interpretation of the E-commerce
directives makes them applicable to torrent trackers. Out activities
will therefore continue until this fact changes or Hell freezes over.
We suggest that you motion for a change of Swedish and/or for the
European Supreme Court to clarify the interpretation of the directive,
which should take no more than 3-7 years. Patience is a virtue!
In the meantime: Enjoy our tracker! If you browse under "porn" I'm sure
that you'll find something that tickles just that "special" spot.
Hope to see you at the annually furry-convention in Las Vegas! Our whole
staff will be going as the cast from the movie "Homeward Bound: The
Incredible Journey"
Sincerely
/Judas_I
Legal representative of The Pirate Bay
----------------------------------------------------------------------------------------------------
From: Andrew Beaudoin <andrew@vicam.com>
Subject: Re: Copyright Infringement; Trademark Abuse
Date: Tue, 2 Aug 2005 08:44:09 -0400
To: anakat
(Actually the extra 't' has always been there. I suppose I could ask
the elders of the family why it was added, but most of them have
passed on, and the remaining few don't like talking to the younger
generation.)
With regard to the situation at hand, I'll take your advice and
contact the EC directly. I don't expect much, I just don't want to
lose any more sales to the person called 'evilsibe'. We've been able
to shut down many trackers who don't actually host our materials
under the 'made available' clause of the US DMCA; but this is an
international case, so the laws of the US don't hold water - nor
should they.
(There is a furry convention in Las Vegas? Cool! Have a great time!)
Andrew Rabbitt
Crafty Marketing Fox
Rabbit Valley
WhiteFox@RabbitValley.com
Voice - 781-760-1139
Fax - 302-444-9335
Cinco de Mayo
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