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Jill Kelley DMCA Takedown Notice -- Time to Raze some Feds!

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Nov 15th, 2012
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  1.  
  2. ----- Forwarded message from "Twitter Support" <[email protected]> -----
  3. Date: Fri, 16 Nov 2012 01:28:08 +0000
  4. Subject: #6622888 Message from Twitter Support: "We've received a DMCA notice regarding your account"
  5. To: lzr9
  6.  
  7. ##- Please type your reply above this line -##
  8.  
  9.  
  10. lzr9, Nov 15 05:27 pm (PST):
  11. Hello,
  12.  
  13. The following material has been withheld from your account in response to the DMCA takedown notice copied at the bottom of this email:
  14.  
  15. Image uploaded with Tweet: http://twitter.com/lzr9/status/267801862370127872/photo/1 - @AP http://t.co/z1g2JcFx not in THAT position! http://t.co/75Bb0Xm0 http://t.co/LlYuCZQx
  16.  
  17. If you believe the material has been withheld as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).
  18.  
  19. Please include the following in your counter-notification:
  20.  
  21. 1. Your full name, address, telephone number, e-mail address, and Twitter user name.
  22.  
  23. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  24.  
  25. 3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  26.  
  27. 4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
  28.  
  29. 5. Your physical or electronic signature
  30.  
  31. Please send your counter-notification to us at the following address:
  32.  
  33. Twitter, Inc.
  34. Attn: Copyright Agent, DMCA Counter-Notification
  35. 1355 Market Street, Suite 900
  36. San Francisco, CA 94103
  37.  
  38. Or fax to: 415-222-9958
  39.  
  40. We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.
  41.  
  42. Alternatively, you can use Chilling Effects’ counter-notice form: https://www.chillingeffects.org/dmca/counter512.pdf
  43.  
  44. If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795
  45.  
  46. THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.
  47.  
  48. Thank you,
  49.  
  50. Twitter Trust and Safety
  51.  
  52. ******************************
  53.  
  54. DMCA Takedown Notice
  55.  
  56. == Reporter: I am the copyright owner.
  57. == Name: Stephen Theriault
  58. == Company: Stephen T Photography
  59. == Job title: Photographer
  60. == Email: [email protected]
  61.  
  62. == Address: 8205 Laguna Ln
  63. == City: Tampa
  64. == State/Province: FL
  65. == Postal code: 33619
  66. == Country: United States
  67. == Phone (optional): 8135971759
  68. == Fax (optional): n/a
  69.  
  70. -------
  71.  
  72. == Reported Twitter account: @lzr9
  73.  
  74. == Reported material on Twitter: Twitter-hosted media
  75.  
  76. == Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  77.  
  78. http://twitter.com/lzr9/status/267801862370127872/photo/1
  79. Post at 5:31 PM - 11 Nov 12
  80. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  81.  
  82. == Reported Tweet URL: http://twitter.com/lzr9/status/267801862370127872/photo/1
  83.  
  84. == Copyright holder?: I (or an authorized representative) created the image or have obtained rights to the image.
  85.  
  86. == Description of infringement: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  87.  
  88. This user has posted two tweets at 5:31 PM - 11 Nov 12
  89. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  90.  
  91. Both of these posts share private protected images which should not be made public!
  92.  
  93. ---
  94.  
  95. == Reported Twitter account: @lzr9
  96.  
  97. == Reported material on Twitter: Tweet(s)
  98.  
  99. == Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  100.  
  101. == Description of infringement: User has posted private images which are HIGHLY sensitive, please remove them from twitter ASAP!
  102.  
  103. http://twitter.com/lzr9/status/267801862370127872/photo/1
  104. pic.twitter.com/LlYuCZQx
  105.  
  106. Post at 5:31 PM - 11 Nov 12
  107. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  108.  
  109. == Reported Tweet URL: http://twitter.com/lzr9/status/267801862370127872
  110.  
  111. == Reported Tweet Content: @AP stephent.smugmug.com/Other/Centcom-… not in THAT position! stephent.smugmug.com/Other/Centcom-… http://t.co/LlYuCZQx
  112.  
  113. == Reported Tweet Time: Nov 12 2012 01:31:54 via web
  114.  
  115. == Where does this Tweet link to?: The Tweet links directly to an infringing file (i.e., when you click the link, the file begins to download).
  116.  
  117. == Infringing material still available?: I have confirmed that the infringing material is available for download at the linked site as of the submission of this notice.
  118.  
  119. -------
  120.  
  121. == 512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.
  122.  
  123. == Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  124.  
  125. == Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.
  126.  
  127. == Signature: Stephen Theriault
  128.  
  129. Please note, we cannot accept email attachments at this time; please include all information in the body of your request.
  130.  
  131. Message-Id:8YTC53D9_50a596a0c0ac9_1adf1a17a74215349_sprut
  132.  
  133.  
  134.  
  135. Sent using Hushmail
  136.  
  137.  
  138. ----- Forwarded message from "Twitter Support" <[email protected]> -----
  139. Date: Fri, 16 Nov 2012 01:28:08 +0000
  140. Subject: #6622888 Message from Twitter Support: "We've received a DMCA notice regarding your account"
  141. To: lzr9
  142.  
  143. ##- Please type your reply above this line -##
  144.  
  145.  
  146. lzr9, Nov 15 05:27 pm (PST):
  147. Hello,
  148.  
  149. The following material has been withheld from your account in response to the DMCA takedown notice copied at the bottom of this email:
  150.  
  151. Image uploaded with Tweet: http://twitter.com/lzr9/status/267801862370127872/photo/1 - @AP http://t.co/z1g2JcFx not in THAT position! http://t.co/75Bb0Xm0 http://t.co/LlYuCZQx
  152.  
  153. If you believe the material has been withheld as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).
  154.  
  155. Please include the following in your counter-notification:
  156.  
  157. 1. Your full name, address, telephone number, e-mail address, and Twitter user name.
  158.  
  159. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  160.  
  161. 3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  162.  
  163. 4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
  164.  
  165. 5. Your physical or electronic signature
  166.  
  167. Please send your counter-notification to us at the following address:
  168.  
  169. Twitter, Inc.
  170. Attn: Copyright Agent, DMCA Counter-Notification
  171. 1355 Market Street, Suite 900
  172. San Francisco, CA 94103
  173.  
  174. Or fax to: 415-222-9958
  175.  
  176. We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.
  177.  
  178. Alternatively, you can use Chilling Effects’ counter-notice form: https://www.chillingeffects.org/dmca/counter512.pdf
  179.  
  180. If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795
  181.  
  182. THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.
  183.  
  184. Thank you,
  185.  
  186. Twitter Trust and Safety
  187.  
  188. ******************************
  189.  
  190. DMCA Takedown Notice
  191.  
  192. == Reporter: I am the copyright owner.
  193. == Name: Stephen Theriault
  194. == Company: Stephen T Photography
  195. == Job title: Photographer
  196. == Email: [email protected]
  197.  
  198. == Address: 8205 Laguna Ln
  199. == City: Tampa
  200. == State/Province: FL
  201. == Postal code: 33619
  202. == Country: United States
  203. == Phone (optional): 8135971759
  204. == Fax (optional): n/a
  205.  
  206. -------
  207.  
  208. == Reported Twitter account: @lzr9
  209.  
  210. == Reported material on Twitter: Twitter-hosted media
  211.  
  212. == Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  213.  
  214. http://twitter.com/lzr9/status/267801862370127872/photo/1
  215. Post at 5:31 PM - 11 Nov 12
  216. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  217.  
  218. == Reported Tweet URL: http://twitter.com/lzr9/status/267801862370127872/photo/1
  219.  
  220. == Copyright holder?: I (or an authorized representative) created the image or have obtained rights to the image.
  221.  
  222. == Description of infringement: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  223.  
  224. This user has posted two tweets at 5:31 PM - 11 Nov 12
  225. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  226.  
  227. Both of these posts share private protected images which should not be made public!
  228.  
  229. ---
  230.  
  231. == Reported Twitter account: @lzr9
  232.  
  233. == Reported material on Twitter: Tweet(s)
  234.  
  235. == Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  236.  
  237. == Description of infringement: User has posted private images which are HIGHLY sensitive, please remove them from twitter ASAP!
  238.  
  239. http://twitter.com/lzr9/status/267801862370127872/photo/1
  240. pic.twitter.com/LlYuCZQx
  241.  
  242. Post at 5:31 PM - 11 Nov 12
  243. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  244.  
  245. == Reported Tweet URL: http://twitter.com/lzr9/status/267801862370127872
  246.  
  247. == Reported Tweet Content: @AP stephent.smugmug.com/Other/Centcom-… not in THAT position! stephent.smugmug.com/Other/Centcom-… http://t.co/LlYuCZQx
  248.  
  249. == Reported Tweet Time: Nov 12 2012 01:31:54 via web
  250.  
  251. == Where does this Tweet link to?: The Tweet links directly to an infringing file (i.e., when you click the link, the file begins to download).
  252.  
  253. == Infringing material still available?: I have confirmed that the infringing material is available for download at the linked site as of the submission of this notice.
  254.  
  255. -------
  256.  
  257. == 512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.
  258.  
  259. == Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  260.  
  261. == Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.
  262.  
  263. == Signature: Stephen Theriault
  264.  
  265. Please note, we cannot accept email attachments at this time; please include all information in the body of your request.
  266.  
  267. Message-Id:8YTC53D9_50a596a0c0ac9_1adf1a17a74215349_sprut
  268.  
  269.  
  270.  
  271. Sent using Hushmail
  272.  
  273.  
  274. ----- Forwarded message from "Twitter Support" <[email protected]> -----
  275. Date: Fri, 16 Nov 2012 01:28:08 +0000
  276. Subject: #6622888 Message from Twitter Support: "We've received a DMCA notice regarding your account"
  277. To: lzr9
  278.  
  279. ##- Please type your reply above this line -##
  280.  
  281.  
  282. lzr9, Nov 15 05:27 pm (PST):
  283. Hello,
  284.  
  285. The following material has been withheld from your account in response to the DMCA takedown notice copied at the bottom of this email:
  286.  
  287. Image uploaded with Tweet: http://twitter.com/lzr9/status/267801862370127872/photo/1 - @AP http://t.co/z1g2JcFx not in THAT position! http://t.co/75Bb0Xm0 http://t.co/LlYuCZQx
  288.  
  289. If you believe the material has been withheld as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).
  290.  
  291. Please include the following in your counter-notification:
  292.  
  293. 1. Your full name, address, telephone number, e-mail address, and Twitter user name.
  294.  
  295. 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  296.  
  297. 3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
  298.  
  299. 4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
  300.  
  301. 5. Your physical or electronic signature
  302.  
  303. Please send your counter-notification to us at the following address:
  304.  
  305. Twitter, Inc.
  306. Attn: Copyright Agent, DMCA Counter-Notification
  307. 1355 Market Street, Suite 900
  308. San Francisco, CA 94103
  309.  
  310. Or fax to: 415-222-9958
  311.  
  312. We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.
  313.  
  314. Alternatively, you can use Chilling Effects’ counter-notice form: https://www.chillingeffects.org/dmca/counter512.pdf
  315.  
  316. If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795
  317.  
  318. THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.
  319.  
  320. Thank you,
  321.  
  322. Twitter Trust and Safety
  323.  
  324. ******************************
  325.  
  326. DMCA Takedown Notice
  327.  
  328. == Reporter: I am the copyright owner.
  329. == Name: Stephen Theriault
  330. == Company: Stephen T Photography
  331. == Job title: Photographer
  332. == Email: [email protected]
  333.  
  334. == Address: 8205 Laguna Ln
  335. == City: Tampa
  336. == State/Province: FL
  337. == Postal code: 33619
  338. == Country: United States
  339. == Phone (optional): 8135971759
  340. == Fax (optional): n/a
  341.  
  342. -------
  343.  
  344. == Reported Twitter account: @lzr9
  345.  
  346. == Reported material on Twitter: Twitter-hosted media
  347.  
  348. == Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  349.  
  350. http://twitter.com/lzr9/status/267801862370127872/photo/1
  351. Post at 5:31 PM - 11 Nov 12
  352. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  353.  
  354. == Reported Tweet URL: http://twitter.com/lzr9/status/267801862370127872/photo/1
  355.  
  356. == Copyright holder?: I (or an authorized representative) created the image or have obtained rights to the image.
  357.  
  358. == Description of infringement: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  359.  
  360. This user has posted two tweets at 5:31 PM - 11 Nov 12
  361. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  362.  
  363. Both of these posts share private protected images which should not be made public!
  364.  
  365. ---
  366.  
  367. == Reported Twitter account: @lzr9
  368.  
  369. == Reported material on Twitter: Tweet(s)
  370.  
  371. == Description of original work: Copyright images that I photographed of General David Petraeus and Jill Kelley. The images are sensitive and sought-after worldwide at this time. They infringe on my copyright and the privacy of General Petraeus and Jill Kelley.
  372.  
  373. == Description of infringement: User has posted private images which are HIGHLY sensitive, please remove them from twitter ASAP!
  374.  
  375. http://twitter.com/lzr9/status/267801862370127872/photo/1
  376. pic.twitter.com/LlYuCZQx
  377.  
  378. Post at 5:31 PM - 11 Nov 12
  379. And post at 5:54 PM - 11 Nov 12 from Orust, Västra Götaland
  380.  
  381. == Reported Tweet URL: http://twitter.com/lzr9/status/267801862370127872
  382.  
  383. == Reported Tweet Content: @AP stephent.smugmug.com/Other/Centcom-… not in THAT position! stephent.smugmug.com/Other/Centcom-… http://t.co/LlYuCZQx
  384.  
  385. == Reported Tweet Time: Nov 12 2012 01:31:54 via web
  386.  
  387. == Where does this Tweet link to?: The Tweet links directly to an infringing file (i.e., when you click the link, the file begins to download).
  388.  
  389. == Infringing material still available?: I have confirmed that the infringing material is available for download at the linked site as of the submission of this notice.
  390.  
  391. -------
  392.  
  393. == 512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.
  394.  
  395. == Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  396.  
  397. == Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.
  398.  
  399. == Signature: Stephen Theriault
  400.  
  401. Please note, we cannot accept email attachments at this time; please include all information in the body of your request.
  402.  
  403. Message-Id:8YTC53D9_50a596a0c0ac9_1adf1a17a74215349_sprut
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