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Here is an example of how to write a
DMCA infringement letter to Google:
This was an
open
case I was pursuing against another SEO
company that was using my testimonials
without my permission or the permission of
my clients. The infringing material has
since been removed from Google.
NOTICE OF DMCA COPYRIGHT INFRINGEMENT
To: Google, Inc.
Attn: Google Legal Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
Fax to: (650) 963-3255, Attn: Google Legal
Support, DMCA Complaints
CC: Daudelin, Serge serge.daudelin@lino.sympatico.ca
(site owner)
325 Des Begonias
Des Ruisseaux, QC J9L3G3
CC: Aplus.Net, support@aplus.net
(domain registrar and hosting company)
110 East Broward Boulevard, Suite 1650
Fort Lauderdale, FL 33301
1. The copyrighted
work at issue is text that appears on this
site:
http://www.affordable-search-engine-optimization-services.com/seo-coaching-testimonials.html
2. The material that is
infringing the copyrighted work listed in
item #1 above is:
A) Search Query: Thanks, I
didn’t know the technique on this. That’s
why I like working with you – and you should
talk this up in your marketing or your web
site – you are different because you partner
with your client, AND you engage in a
knowledge creation and transfer process so
the client is empowered to understand their
application and make ongoing changes too!!
Dennis Cannelis.
Infringing Web Page:
http://www.affordable-search-engine-optimization-services.com/seo-coaching-testimonials.html
B) Search Query: Thank you for all
your help! It has been a very effective
improvement over my old site. In fact I have
received over twice the business leads since
I updated my site. You were very easy to
work with and very responsive to my needs. I
could not be happier with what you did for
my company! Feel free to use me as a
reference.
Infringing Web Page:
http://www.affordable-search-engine-optimization-services.com/seo-coaching-testimonials.html
C) Search Query: You have done a job
above and beyond anything I could expect.
Your patience and courtesy have been
outstanding. You are definitely someone I
am, and will, brag about. Your Friend, Wes.
Infringing Web Page:
http://www.affordable-search-engine-optimization-services.com/seo-coaching-testimonials.html
D) Search Query: I am so
grateful to have you as a part of my
business. You are so positive and
encouraging. Please quote me on everything
positive I have ever said to you and you can
embellish it and add whatever else you want
as MY TESTIMONIAL TO YOU!! Ellen.
Infringing Web Page:
http://www.affordable-search-engine-optimization-services.com/seo-coaching-testimonials.html
My contact information is:
Shelley Cates
TheTruthNetwork.com
1230 W Munson
Denison, TX 75020
3. Phone Number posted
on infringing website: 450-783-9013 and the
contact information of the infringing
website owner according to a Who Is search
is:
Registrant:
Affordable Search
Engine Optimization Service.com
325 Des Begonias
Des Ruisseaux, QC J9L3G3
CA
Domain name:
AFFORDABLE-SEARCH-ENGINE-OPTIMIZATION-SERVICES.COM
Administrative
Contact:
Daudelin, Serge
serge.daudelin@lino.sympatico.ca
325 Des Begonias
Des Ruisseaux, QC J9L3G3
CA
+1.8196237430
Technical Contact:
Aplus.Net,
Aplus.Net
support@aplus.net
7500 W 110th St. Suite 400
Overland Park, KS 66210
US
+1.9138907700
Registrar of Record:
Aplus.net
Record last updated on 29-Jan-2010.
Record expires on 03-Jan-2011.
Record created on 03-Jan-2007.
Domain servers in
listed order:
NS.CEDANT.COM
216.55.153.2
NS2.CEDANT.COM 66.226.78.2
4. Further evidence:
The infringing website
http://www.affordable-search-engine-optimization-services.com
domain name record was created on January 3,
2007. My website
http://www.thetruthnetwork.com was
created on May 27, 2003, and you can visit
Archive.org to clearly see that some of
these testimonials existed on my website
even before the infringing website was ever
created:
http://web.archive.org/web/*/http://www.thetruthnetwork.com/testimonials.htm
Corresponding to the
letters A-D above outlining each
infringement:
A)
http://web.archive.org/web/20070910162111/www.thetruthnetwork.com/testimonials.htm
From: Dennis Cannelis
Sent: Monday, August 20, 2007 11:05 AM
To: 'Shelley Cates Martin'
Subject: www.small-business-blog.com
-Affiliate Links Opening in New Page
Thanks, I didn’t know the technique on this.
That’s why I like working with you – and you
should talk this up in your marketing or
your web site – you are different because
you partner with your client, AND you engage
in a knowledge creation and transfer process
so the client is empowered to understand
their application and make ongoing changes
too!!
B)
http://web.archive.org/web/20071012105113/http://thetruthnetwork.com/testimonials.htm
From: Environmental Cleaning Services
Sent: Thursday, September 27, 2007 2:24 PM
To: Shelley Cates
Re: Dallas Commercial Cleaning & Janitorial
Services
Shelley,
Thank you for the great work on my website.
It is has been a very effective improvement
over my old site. In fact I have received
over twice the business leads since you
updated my site. You were very easy to work
with and very responsive to my needs. I
could not be happier with what you did for
my company!
Feel free to use me as a reference.
Thanks,
Mark, Dallas, TX
C)
http://web.archive.org/web/20051225033925/www.thetruthnetwork.com/testimonials.htm
From: Wes Riffe
Sent: Thursday, July 07, 2005 6:00 PM
Subject: Re: www.dfwfashionconsultants.com
... you have done a job above and beyond
anything I could expect. Your patience and
courtesy have been outstanding. You are
definitely someone I am, and will, brag
about. Thank you soooooooooooo much.
Your Friend, Wes
D)
http://web.archive.org/web/20031228212631/www.thetruthnetwork.com/testimonials.htm
From: Ellen Simon
To: Shelley
Sent: Tuesday, August 12, 2003 5:11 PM
Subject: Re: Testimonial
I am so grateful to have you as a part of my
business.
You are so positive and encouraging. Please
quote me on everything positive I have ever
said to you and you can embellish it and add
whatever else you want as MY TESTIMONIAL TO
YOU, MS. CATES!!
Ellen
--------------------------------
In good faith I believe
that the use of the copyrighted materials
described above as allegedly infringing was
not and is not authorized by me or any agent
of mine, or the law.
I swear, under penalty
of perjury, that the information in the
notification is accurate and that I am the
copyright owner or am authorized to act on
behalf of the owner of an exclusive right
that is allegedly infringed.
Furthermore, the people
that wrote the testimonials in question
(infringing material) would swear under
penalty of perjury that they are the
original author's of those words, and that
they wrote them to be testimonials for
posting on
www.thetruthnetwork.com, and that the
infringing website owner was never given
permission to edit or use them or their
names in any regard.
It bothers me a great
deal that one would stoop to such levels as
to steal another’s testimonials, and falsely
represent them as their own for gain. I have
already tried to resolve this matter by
email and phone with no response or success,
and have attempted to give fair warning
before taking this action. Please see
accompanying email sent to website owner
according to Who Is.
______________________________ Date:
__________
Shelley Cates - TheTruthNetwork.com
From:
Shelley Cates [mailto:shell@thetruthnetwork.com]
Sent: Friday, April 02, 2010 6:58 PM
To: serge.daudelin@lino.sympatico.ca
Cc: support@aplus.net;
shell@thetruthnetwork.com
Subject: violation of DMCA - my
testimonials on your site
Importance: High
Attention:
Serge Daudelin
325 Des Begonias
Des Ruisseaux, QC J9L3G3
+1.8196237430
Dear Serge,
It has come to my
attention in my latest Copyscape.com weekly
report, that you have taken testimonials off
my website and claimed them as your own.
See here:
http://www.copyscape.com/view.php?us=asassycat&ch=d1f4bc7&o=58880&u=http%3A%2F%2Fwww.affordable-search-engine-optimization-services.com%2Fseo-coaching-testimonials.html&t=1270246504&s=http%3A%2F%2Fwww.thetruthnetwork.com%2Findex.htm&w=22&c=#copyscape_start
"Thank you for
all your help! It has been
a very
effective improvement over my old site. In
fact I have received over twice the business
leads since I
updated my
site. You were very easy to work with and
very responsive to my needs. I could not be
happier with what you did for my company!
Feel free to use me as a reference. Maria
Sanz."
The original testimonial from my site reads:
From: Environmental Cleaning Services
Sent: Thursday, September 27, 2007 2:24 PM
To: Shelley Cates
Re:
Dallas Commercial Cleaning & Janitorial
Services
Shelley,
Thank you for the great work on my
website. It is has been a very effective
improvement over my old site. In fact I have
received over twice the business leads since
you updated my site. You were very easy
to work with and very responsive to my
needs. I could not be happier with what you
did for my company!
Feel free to use me as a reference.
Thanks,
Mark, Dallas, TX
While reviewing
that page, I found even more testimonials
you took from my site: (and you didn’t even
bother to change the clients names in those)
"Thanks, I didn’t
know the technique on this... That’s why I
like working with you… and you should talk
this up in your marketing or your web site…
you are different because you partner with
your client, AND you engage in a knowledge
creation and transfer process so the client
is empowered to understand their application
and make ongoing changes too!! Dennis
Cannelis."
"You have done a job
above and beyond anything I could expect.
Your patience and courtesy have been
outstanding. You are definitely someone I
am, and will, brag about. Your Friend, Wes."
"I am so grateful to
have you as a part of my business. You are
so positive and encouraging. Please quote me
on everything positive I have ever said to
you and you can embellish it and add
whatever else you want as MY TESTIMONIAL TO
YOU!! Ellen."
These are REAL people,
my clients, that wrote those words as
a testimonial to my services, not yours.
I am nicely requesting
that you remove these testimonials from your
website ASAP. If you do not respond by
removing them immediately, I will pursue
this with the DMCA (Digital Millennia
Copyright Act). By law your hosting company
will remove your site if after 3 days you
have not complied, as it violates their
license.
Google also takes the
DMCA very seriously:
http://www.google.com/dmca.html - If you
do not cooperate I will pursue this to the
fullest extent of the law.
Thank you in advance
for your cooperation.
Shelley
Cates
TheTruthNetwork.com
Internet
Marketing & SEO Consultant
shell@thetruthnetwork.com
Home/Office: (903) 465-4641
Cell: (214) 212-2495
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