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  1. Date: Jul 12, 2015 15:03
  2. From: JS <js@websheriff.com>
  3. To: "'privacy@dynadot.com'" <privacy@dynadot.com>, "'abuse@host-palace.com'" <abuse@host-palace.com>
  4. Subject: Urgent / Lil Wayne - DMCA Request (Without Prejudice - save as to costs)
  5. Cc: Web Sheriff <websheriff@websheriff.com>
  6.  
  7. WEB SHERIFF(r)
  8. Creative Protection(tm)
  9. Incorporating Entertainment Law Associates(tm) Tel : +44(0)208-323 8013 (UK) / +1-212-601 2723 (LA) / +1-212-601 2723 (NY) Fax : +44(0)208-323 8080 (UK) / +1-434-238 4301 (LA) / +1-212-601 2601 (NY) websheriff@websheriff.com www.websheriff.com
  10.  
  11. NOTIFICATION - pursuant to (as applicable)
  12.  
  13. DIGITAL MILLENNIUM COPYRIGHT ACT (COPYRIGHT INFRINGEMENT NOTICE) EUROPEAN UNION COPYRIGHT DIRECTIVE (COPYRIGHT INFRINGEMENT NOTICE) FEDERAL TRADE COMMISSION E-COMMERCE REGULATIONS (CONSUMER PROTECTION NOTICE) EUROPEAN UNION E-COMMERCE DIRECTIVE (CONSUMER PROTECTION NOTICE)
  14.  
  15. - and -
  16.  
  17. NOTIFICATION OF BREACH OF ISP'S / HOST'S PUBLISHED TERMS OF SERVICE NOTIFICATION OF BREACH OF WEB-SITE'S PUBLISHED TERMS OF SERVICE
  18.  
  19.  
  20. 1. Rights Owner(s) : TIDAL / LIL WAYNE
  21.  
  22. 2. Rights Agent : WEB SHERIFF(r)
  23.  
  24. 3. Infringed Rights : COPYRIGHT / PERFORMERS' RIGHTS / MORAL RIGHTS / RIGHT-OF-PUBLICITY / PERSONAL GOODWILL & REPUTATION / BUSINESS GOODWILL & REPUTATION / CONSUMER PROTECTION RIGHTS - as applicable
  25.  
  26. 4. Infringed Individual(s) / Entities : TIDAL / LIL WAYNE
  27.  
  28. 5. Infringing Materials : PIRATED COPYRIGHT MASTER RECORDINGS & MUSICAL COMPOSITIONS ("STREET CHAINS" - SINGLE & COMPOSITION THEREON - please see url list below)
  29.  
  30. 6. Infringing Activity :
  31.  
  32. A. COPYRIGHT INFRINGEMENT (UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES - as applicable)
  33.  
  34. B. PERFORMERS' RIGHTS INFRINGEMENT (UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF RECORDED PERFORMANCES PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF RECORDED PERFORMANCES IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES - as applicable)
  35.  
  36. C. MORAL RIGHTS INFRINGEMENT (UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS EMBODYING MORAL RIGHTS PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF COPYRIGHT MATERIALS EMBODYING MORAL RIGHTS IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES - as applicable)
  37.  
  38. D. RIGHT-OF-PUBLICITY INFRINGEMENT (UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF NAME AND / OR LIKENESS PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION & DIGITAL DISTRIBUTION OF NAME AND / OR LIKENESS IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES - as applicable)
  39.  
  40. E. PERSONAL GOODWILL & REPUTATION INFRINGEMENT (UNAUTHORIZED EXPLOITATION OF PERSONAL GOODWILL & REPUTATION PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION OF PERSONAL GOODWILL & REPUTATION IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES - as applicable)
  41.  
  42. F. BUSINESS GOODWILL & REPUTATION INFRINGEMENT (UNAUTHORIZED EXPLOITATION OF BUSINESS GOODWILL & REPUTATION PLUS FALSE ENDORSEMENT OF THIRD PARTY GOODS & SERVICES THROUGH UNAUTHORIZED EXPLOITATION OF BUSINESS GOODWILL & REPUTATION IN DIRECT CONJUNCTION WITH & JUXTAPOSITION WITH UNAUTHORIZED ADVERTISING FOR SUCH THIRD PARTY GOODS & SERVICES - as applicable)
  43.  
  44. G. CONSUMER PROTECTION RIGHTS INFRINGEMENTS (VIOLATION OF INTERNATIONAL & DOMESTIC CONSUMER PROTECTION LEGISLATION THROUGH DECEPTIVE & MISLEADING TRADE PRACTISES AS TO THE SOURCE OF GOODS & SERVICES, PLUS FAILURE TO PUBLISH LEGAL OWNERSHIP DETAILS OF INFRINGING WEB SITE AND FAILURE TO PUBLISH FULL ADDRESS AND CONTACT DETAILS FOR INFRINGING WEB SITE - as applicable)
  45.  
  46. H. BREACH OF ISP'S / HOST'S PUBLISHED TERMS OF SERVICE / ACCEPTABLE USE POLICY (BY REASON OF THE ABOVE INFRINGEMENTS & VIOLATIONS)
  47.  
  48. I. BREACH OF INFRINGING WEB-SITE'S PUBLISHED TERMS OF SERVICE / ACCEPTABLE USE POLICY (BY REASON OF THE ABOVE INFRINGEMENTS & VIOLATIONS)
  49.  
  50. ** TRADEMARK RESERVATION OF RIGHTS ** ALL REGISTERED, COMMON-LAW & PENDING TRADEMARK RIGHTS ARE HEREBY STRICTLY RESERVED - AS APPLICABLE - AS ARE ALL OTHER RIGHTS OF AN INTELLECTUAL PROPERTY NATURE, WHETHER EXPOUNDED HEREIN OR OTHERWISE.
  51.  
  52. 7. Infringing Web Site : http://www.thatunes.com
  53.  
  54. 8. Infringing File Location(s) :
  55.  
  56. http://www.thatunes.com/lil-wayne-street-chains-bonus-track-mp3-m4a/
  57.  
  58. 9. DMCA / EUCD / Notification Request : Please remove Infringing Materials / Infringing Activity from Infringing File Location(s) ASAP : thank you.
  59.  
  60. NOTE 1 : The above activities breach, inter alia, numerous provisions of the relevant internet service provider's Terms of Service. Moreover, the Infringed Individual(s) / Entities have a right to expect the relevant internet service provider to enforce its own, published Terms of Service in an expeditious and proactive manner. As such, all accumulated, worldwide rights and civil and regulatory remedies remain reserved in full.
  61.  
  62. NOTE 2 : As publisher of the Infringing Materials, the Infringing Web Site is liable to the Infringed Individual(s) / Entities in multiple, international jurisdictions for the multiple infringement of the Rights Owner(s)' rights. Moreover, the above activities breach inter alia numerous provisions of the Infringing Web Site's published Terms of Service and the Infringed Individual(s) / Entities have a right to expect the Infringing Web Site to enforce its own, published Terms of Service in an expeditious and proactive manner. As such, all accumulated, worldwide rights and civil and regulatory remedies remain reserved in full.
  63.  
  64. NOTE 3 : In addition to constituting infringements of intellectual property rights, the above activities may (or may not as applicable) constitute criminal infractions and / or the infringement of international and domestic consumer protection, child protection and anti money laundering laws. As such, all accumulated, worldwide rights and regulatory and criminal remedies remain reserved in full.
  65.  
  66. 10. Signature :
  67.  
  68. John E. Henehan LL.B.
  69. for and on behalf of
  70. WEB SHERIFF(r)
  71. London Office : Argentum, Queen Caroline Street, London W6 9DX Los Angeles Office : 2500 Broadway, Santa Monica, California CA 90404 New York Office : Empire State Building, 350 Fifth Avenue, New York, NY 10118 Tel : +44(0)208-323 8013 (UK) / +1-424-238 4551 (LA) / +1-212-601 2723 (NY) Fax : +44(0)208-323 8080 (UK) / +1-434-238 4301 (LA) / +1-212-601 2601 (NY) websheriff@websheriff.com (Signed as Duly Authorized Rights Agent of the Rights Owner(s) Specified Herein)
  72.  
  73. "I have a good faith belief that use of the copyrighted - and other infringing - materials I will submit via email (as applicable) and allege to be infringing are not authorized by the owner of the pertinent rights, their agents, or the law. I swear, under penalty of perjury, that the information I submit in each and every notification I will send shall be accurate and that I shall be, at the time of notification, either the intellectual property rights owner(s) or authorized to act on behalf of the owner(s) of the exclusive rights that are allegedly infringed."
  74.  
  75. NOTE 4 :
  76. The information contained in this notification is accurate and, under penalty of perjury, Web Sheriff(r) is authorized to act on behalf of the exclusive owner(s) of the rights alleged to have been infringed in this notification. Both Web Sheriff(r) and the Rights Owner(s) specified herein have a good faith belief that the infringing party specified above has no right or entitlement to exploit or otherwise impinge upon the Infringed Rights specified herein.
  77.  
  78. NOTE 5 :
  79. This notification is issued without prejudice (save as to costs) to the accumulated, worldwide rights and civil, regulatory and criminal remedies of the Rights Owner(s) specified herein and in relation to the infringements specified herein - including, but not limited to, the right to seek injunctive relief, disclosure, damages and costs and the right to pursue regulatory and criminal prosecutions - all of which rights are hereby reserved in full.
  80.  
  81.  
  82. (c) 2015 WEB SHERIFF(r)
  83. This Notice is the Copyright of WEB SHERIFF(r)
  84.  
  85.  
  86.  
  87.  
  88. WEB SHERIFF(r) - Creative Protection(tm)
  89. Incorporating Entertainment Law Associates(tm) London Office : Argentum, Queen Caroline Street, London W6 9DX Los Angeles Office : 2500 Broadway, Santa Monica, California CA 90404 New York Office : Empire State Building, 350 Fifth Avenue, New York, NY 10118 Tel : +44(0)208-323 8013 (UK) / +1-424-238 4551 (LA) / +1-212-601 2723 (NY) Fax : +44(0)208-323 8080 (UK) / +1-434-238 4301 (LA) / +1-212-601 2601 (NY)
  90. E-Mail : websheriff@websheriff.com
  91. Web Sheriff Ltd Co. No. 4093131 Reg'd in England & Wales.
  92. Reg'd Office : Aurum, High Street, Pewsey, Wilts SN9 5AF
  93.  
  94. Disclaimer :
  95. This e-mail is the copyright of Web Sheriff(r). The contents of this e-mail are strictly private confidential, are for the attention of the addressee(s) only and may also qualify for legal privilege. This communication may not be disclosed or otherwise communicated to anyone other than the addressee(s), nor may it be copied or reproduced in any way without the written authorization of Web Sheriff(r). If received in error, please contact our London office on +44(0)208-323 8013, or our Los Angeles Office on +1-424-238 4551 or our New York office on +1-212-601 2723 (as applicable and depending upon time-zones), quoting the name of the sender and the addressee(s), then please delete it from your system. Please note that whilst we have taken all reasonable steps to ensure there are no viruses contained within this e-mail and any attachments, it is your responsibility to ensure they are scanned and virus free. Neither Web Sheriff(r) nor the sender accepts responsibility for any interception of this e-mail by unauthorized persons and please be aware that internet e-mail is not a completely secure method of communication.
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