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