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Mar 3rd, 2013
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  1. Hello,
  2.  
  3. We are in receipt of email in regards to opendayz.net domain, of which you are the registered owner. As a valued customer and the registered owner of the domain, and per Namecheap Registration Agreement and WhoisGuard Service Agreement, we are forwarding you the above mentioned email so that you can address this matter. We cannot advise you as to what action to take, but we strongly urge you to review the email quoted below and/or attached PDF document and recommend contacting the complainant to resolve this matter.
  4.  
  5.  
  6. > CEASE AND DESIST DEMAND
  7. > Pursuant to Title 17 of the United States Code
  8. >
  9. >
  10. > Friday, 1st of March 2013
  11. >
  12. > Dear opendayz.net owner,
  13. >
  14. > This is Matthew Reed legal counsel of GamersPlatoon Organization. If
  15. > you are represented by legal counsel, please direct this letter to your
  16. > attorney immediately and have your attorney notify us of such
  17. > representation.
  18. >
  19. > We are writing to notify you that your unlawful copying of "Taviana",
  20. > "name", "map" copyrighted "3D models used by map", "Taviana digital
  21. > assets" infringes upon our client’s exclusive copyrights. Accordingly,
  22. > you are hereby directed to CEASE AND DESIST ALL COPYRIGHT INFRINGEMENT.
  23. >
  24. > GamersPlatoon Organization, Martin Barur are the owners in copyright in
  25. > various aspects of "Taviana" digital assets. Under United States
  26. > copyright law, GamersPlatoon Organization’s copyrights have been in
  27. > effect since 7th of January 2013 for all "Taviana digital assets". All
  28. > copyrightable aspects of "Taviana digital assets" are copyrighted under
  29. > United States copyright law.
  30. >
  31. > It has come to our attention that you have been copying our client
  32. > copywriter work. We have copies of your unlawful copies to preserve as
  33. > evidence. Your actions constitute copyright infringement in violation of
  34. > United States copyright laws. Under 17 U.S.C. 504, the consequences of
  35. > copyright infringement include statutory damages of between $30,000 and
  36. > $150,000 per work, at the discretion of the court, and damages of up to
  37. > $150,000 per work for willful infringement. If you continue to engage
  38. > in copyright infringement after receiving this letter, your actions will
  39. > be evidence of “willful infringement.”
  40. >
  41. > We demand that you immediately (A) cease and desist your unlawful
  42. > copying of all (pirated) "Taviana digital assets" and (B) provide us
  43. > with prompt written assurance within ten (10) days that you will cease
  44. > and desist from further infringement of GamersPlatoon’s copyrighted
  45. > works.
  46. >
  47. > If you do not comply with this cease and desist demand within this time
  48. > period, GamersPlatoon Organization is entitled to use your failure to
  49. > comply as evidence of “willful infringement” and seek monetary damages
  50. > and equitable relief for your copyright infringement. In the event you
  51. > fail to meet this demand, please be advised that GamersPlatoon
  52. > Organization has asked us to communicate to you that it will contemplate
  53. > pursuing all available legal remedies, including seeking monetary
  54. > damages, injunctive relief, and an order that you pay court costs and
  55. > attorney’s fees. Your liability and exposure under such legal action
  56. > could be considerable.
  57. >
  58. > Before taking these steps, however, my client wished to give you one
  59. > opportunity to discontinue your illegal conduct by complying with this
  60. > demand within ten (10) days. Accordingly, please acknowledge reception
  61. > and return the compliance of CEASE AND DESIST DEMAND within ten (10)
  62. > days .
  63. > If you or your attorney have any questions, please contact me directly.
  64. >
  65. > Sincerely,
  66. >
  67. > Matthew Reed
  68. > Legal Council
  69. >
  70. >
  71.  
  72.  
  73. _______________________
  74. Regards,
  75. Ilya A.
  76. Legal & Abuse Department
  77. Namecheap.com
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