letter from Elan Vital
Re: What happened to the PR-M Info site? NT -- harry Top of thread Forum
Posted by:
prmi ®

06/11/2005, 13:20:37
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Here is the letter sent to our service provider from Larry Leblang, General Manager of Elan Vital Inc. I have replaced all information about our hosting company with #####.

Dear Mr. Melin:

I am the General Manager of Elan Vital, Inc. ("EVI") and among my responsibilities is the policing of intellectual property belonging to EVI. EVI is the holder of a wide range of copyright interests in a catalog of intellectual property including copyrights for which it receives protection under the laws of the United States and over 80 countries around the world. EVI has expended considerable resources acquiring, promoting and protecting this intellectual property.

It has come to our attention that your server at ####### hosts a large Web site (the "Infringing Site") (located at http://prem-rawat-maharaji.info) dedicated to an ongoing series of acts that violate the proprietary rights of EVI. Specifically, we have learned that Infringing Site which is hosted by your company, unquestionably and unlawfully violates EVI's valid and subsisting copyright interests.

This Web site, and the constituent pages therein, makes up a virtual library of infringing works, including dozens of photographs, works of visual arts, and literary works. We also note for the record that this illegal use of your hosting services is in direct violation of your purported Terms of Service, (http://www.######### ) which allegedly proscribes infringement.

Please consider this letter a "Terms of Service" complaint as well as notice under 17 U.S.C. \xA7 512 ("the Digital Millennium Copyright Act" or "DMCA")

Pursuant to the DMCA, we assert and hereby place ######## on notice that the communications in question are in violation of our client's proprietary rights. Failure to act in accordance with the DMCA may result in damages and injunctive relief being awarded against ######### for vicarious infringement.

As required by the DMCA, we hereby state that we have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. The information in this notification is accurate. Further, under penalty of perjury, I represent that we are authorized to act on behalf of EVI in policing its proprietary interests.

In light of the above, we demand that you immediately remove or deny public access to the infringing Web site. We also request that you provide us with written assurance within 72 hours of receipt of this letter that such compliance has been effectuated.

Finally, we respectfully remind you that the infringing Web site may be reinstituted only upon fax or mail service of a counter notification that fully complies with the stricture of Sections 512(g)(2) and (3) of the DMCA, including:

1) The infringer's signed consent to suit in the United States Federal District Court; and

2) Waiver of jurisdictional challenge.

This notice, and the Schedule attached hereto shall not be construed as a waiver of any claim in part or in whole by EVI, it's licensees, licensors, or any affiliated entities, and all rights under common law and statute are expressly reserved whether or not suit has been filed in the past or is filed in the future.

If I may answer any questions or provide further information, please call me at your earliest convenience. I look forward to your assistance.

Very truly yours,

Larry Leblang
General Manager
Elan Vital, Inc.






Modified by prmi at Sat, Jun 11, 2005, 13:24:16

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