| Small businesses losing ground
in the new New Brunswick
(ARTICLE REMOVED) DO NOT DO BUSINESS WITH "THE STAR LEDGER" YOU MAY BE ACCUSED OF VIOLATING COPYRIGHT LAW THAT THEY MAKE UP ALONG THE WAY!! My (Web Master) response to email below. John
Gigante, Esq. Your
threats of copyright infringement are heard and not ignored as suggested
below in your letter. I, as Web Master, will remove any and all articles
from the website “PropertyRightsResearch.org” as soon as possible (
Be advised a 9000+ page website will take awhile to search). I
will post however this and the other emails in the place of those
articles to show the “MEDIA bias” by The
Star-Ledger
the “STRONG ARM TECHNIQUE” by John Gigante, Esq., Sabin, Bermant
& Gould LLP as evidenced by this letter with a write-up as to why
the referenced article has been removed. Your
client failed to notify us of Copyright Infringement as laid out on the
website and properly respond to the email pointing out the “Terms of
Use”. You
point out the “request for donations.” Evidently you know nothing
about Not-for-profit organizations and the FACT that the owner has no
other income and all donations support the website only. I don’t even
charge the owner for the work I do. Also
I do not believe you are familiar in detail with the “FAIR USE
NOTICE” as required by law on all websites dealing with Not-for-Profit
possible copyrighted materials in accordance with Title
17 U.S.C. Section 107.
Please
reference http://www.law.cornell.edu/uscode/17/107.shtml
!!!! Now
to be very honest, I find no mention under the U.S.
Copyright Act that mentions “$150,000 per infringement, and
reimbursement of its attorneys' fees” as you mention below under Title
17 U.S.C. Section 107. IN FACT YOU DO
NOT EVEN QUOTE THE LEGAL CITATION WITH WHICH YOU CLAIM THIS EXISTS! Therefore
I believe you are not actually who you claim to be, but are assuming to
be some sort of Attorney or Lawyer. This is of course is ILLEGAL any
where in this REPUBLIC. Like
I said, I will personally remove the articles in questions as I find
them. I cannot contact the owner of the site prior to the 15th
of September due to their being on a business trip. This “10 days from
the date of this letter” is also not legal in terms of time to
respond, also another reason I do not believe you are who you say you
are. Since
when is there such a thing as “CERTIFIED MAIL” over the Internet?
You must really think I am an IDIOT!!! I Also checked up on your
“Group” and found no such “Group” exists! Your address is
generic and comes back to a “Multiple Business Building in New York
City”. Your referenced phone numbers come back Disconnected or No
longer exist!!! Actually
I should start “Legal Proceedings” against you except your contact
information is all falsified!!! I should charge you for the extra work
it going to cost me to find the articles and remove them while it takes
time away from my family this Labor Day Weekend! This
will be made public on the Web site!! I
do not believe for one instant you are who you say you are. You just
gave The Star-Ledger a bad name as since I maintain currently 158
websites that deal with “FREEDOM” (A word you don’t know the
definition of). I will make sure that all the sites have a mention of
this communication and advise all to stay away from doing any business
with The Star-Ledger. My
sites take over 4,000,000 hits collectively per week. The Star-Ledger
could have great exposure through the websites as a
behind-the-scenes supporter by allowing use of articles. Instead I will
do my best to make sure the “TRUTH” is now known about The
Star-Ledger. At
least I am honest enough to give my contact information correctly
showing I am willing to work with people! By
the way, it is Illegal in Accordance with the CONSTITUTION of the UNITED
STATES OF AMERICA to hold a title attached to a name such as “Esq.”
(Mr. John
Gigante, Esq.) I know you are no Lawyer or Attorney so any further
correspondence from you will be turned over to the IFCC branch of the
FBI for further investigation for FRAUD! When
articles are removed I will notify the Editor Below since you are not
who you say you are. I will also notify the Editor of my searches for
articles in question posted on other websites to help The Star-Ledger
lose all references to
their site and lose business
accordingly. Have
a great Day and enjoy your family, as now I have to work and find
articles to remove and make sure The Star-Ledger is not mentioned
on the Internet except through their own website. This of
course means changing the plans for my family. I will do everything
within my power to make this public. I
have the power and knowledge to do what I claim to be able to do. Gerald Ullery Dolphin
Enterprises Cc:
PROPERTYRIGHTS@EARTHLINK.NET
The
Star-Ledger
(Editor)
Peter Aneyas Keyes (Dolphin Enterprises Attorney) -----Original
Message-----
September
3, 2004 VIA
CERTIFIED MAIL
<< Yeah
Right >> Gerald
Ullery
Re:
Copyright
Infringement
Dear
Mr. Ullery:
We
represent The Newark Morning Ledger Co., publisher of
The
Star-Ledger.
We have been made aware that your website, located at www.propertyrightsresearch.org,
continues to post the
Star-Ledger
article entitled "Small Businesses Losing Ground in the New New
Brunswick," even after being alerted to your copyright infringement
by our client.
<< Your client never responded
to my last email notifying of correct procedures to tell us of any
"possible infringement". >>
We
do not know why you would refuse our client's very reasonable request to
remove this article from your website. You should be aware that
our client has the much more significant remedies of the U.S. Copyright
Act at its disposal. Infringements like yours entitle the
copyright owner to injunctive relief, payment of statutorily-prescribed
damages of up to $150,000 per infringement, and reimbursement of its
attorneys' fees.
<<Under what Law? What Section,
What Code?>>
Given
the obviously willing and knowing nature of your infringement, there is
little doubt but that if a court is requested to provide remedies for
your infringement, the maximum damages will be awarded, especially
inasmuch as your infringement has been undertaken for commercial
purposes. Your stated position that the website is a non-profit
enterprise is hard to defend given your repeated solicitations for
donations.
<< So your telling me Major
Non-Profit Organizations that exist only on Donations (I.e. American Red
Cross, Center for Biological Diversity, etc…) that are registered
501c3 are not allowed to actively request donations too?>>
<<What cave do you live in?>>
Obviously,
it behooves you to think long and hard before attempting to interpret
the law on your own. <<
That is the problem; Law is not to be
interpreted according to our Constitution. >> There
is no minimum number of words an article must be before it is afforded
copyright protection, as you claim. <<You
need to study case law. >>
And the fact that you may or may not be operating your website for
educational purposes and/or not-for-profit does not give you a free
right to steal other companies' copyrighted material. <<
Title
17 U.S.C. Section 107 says otherwise.
We did not steal since credit was given following the law exactly.
>>
If you have any doubt about this, we urge you to consult an attorney
because the consequences to you could be severe.
On behalf of our client, we demand that you immediately remove any and all articles or portions of articles, or any other material, taken from The Star-Ledger, from your Web site. In addition, you must advise us of the full extent of your use of material from The Star-Ledger, including identifying each such item by title and author and providing a printout of it, as well as the original posting date. << Impossible since your contact information is falsified, with exception of this email to an individual. The Editor of The Star-Ledger will be notified instead. >> We can then determine what further remedial and corrective measures are necessary, including the publication of an apology and corrective advertising, and the payment of substantial damages. << Who are you anyway? Judge, Jury, and Executioner? What country are you in that allows such Tyrannical actions? >>
<<Your
client never followed the “Terms of Use” for the website and
if you even bothered to review it, you would know that you can not hold
myself or the owner of the site liable for any infringements. This
has been tried and tested in the past with 100% success by major
Corporations Nationwide. That is why there is a "Terms of Use"
on the website. >>
Please
respond in
writing
<<
Consider this in writing.
>>or
have your attorney contact me right away,
<<If you insist my Attorney
contact you then I will charge you for my services.
I am not cheap by any means. >>
but in no event longer than 10 days from the date of this letter.
<<Standard Law practices
require at least 30 days to respond to such an inquiry.
>>
Very
truly yours,
John
Gigante, Esq. <<All
the above is falsified contact information>> CONFIDENTIALITY NOTICE: This e-mail may contain information that is privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient of this e-mail, please notify the sender immediately by return e-mail, purge it and do not disseminate or copy it. The above notice is interesting as we have nothing to hide. After sending this email as a "reply" I received a generic response that the Individual replied to was on "Vacation" until Sept 14, 2004. So it is impossible to let this "self-assumed" lawyer (?) to be contacted "right away" or "in no event longer than 10 days from the date of this letter (Sept. 3, 2004)". Here it is: From: Gigante, John D. [jgigante@sbandg.com] Sent: Sat 9/4/2004 9:51 AM To: Dolphin Enterprises Subject: Out of Office AutoReply: Copyright Infringement
I will be out of the office until Tuesday, September 14th, and will be unable to review your message until then. If you need immediate assistance, please contact our office at 212-381-7000. Thank you.
I tried the above phone number also just to find it is not a valid number either. |