2021-02-12 - Adam Kovic's continuous DMCA takedown notices

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Null

Ooperator
kiwifarms.net
Joined
Nov 14, 2012
DMCA-CASE#257510 - Notice of Unauthorized Use
2021-01-29

Dear Sir or Madam:
Adam Kovic [full legal name] (“ Adam Kovic") has authorized DMCA.com to act as its non-exclusive agent for copyright infringement notification.

DMCA.com has detected infringements of copyrighted materials owned by Adam Kovic on your website. The report set out below identifies the copyrighted work(s), the infringing material(s), and their location(s). DMCA.com has a reasonable good faith belief that use of the copyrighted materials in the manner complained of in the report set out below is not authorized by Adam Kovic, its agents, or the law.

This letter constitutes an official notification under Section 512(c) of the Digital Millennium Copyright Act (the “Act”). We hereby request that you immediately remove or disable access to the infringing material, and ensure that the user refrains from any unauthorized use or sharing of any Adam Kovic copyrighted materials in the future. Additionally, we request that the removed link state the following: "This content has been removed due to infringement." Noncompliance may result in the loss of your statutory immunity for the infringement under the Act.

Please send us a prompt response indicating the actions that you have taken to resolve this matter, making sure to reference DMCA-CASE#257510 in your response.

The information in this notification is accurate to the best of DMCA.com’s knowledge and belief. We confirm, under penalty of perjury, that we have been authorized by the copyright owner, Adam Kovic, to act on its behalf.

Nothing in this letter shall serve as a waiver of any rights or remedies of Adam Kovic with respect to the alleged infringement, all of which are expressly reserved.

Evidentiary Information:
Notice ID: DMCA-CASE#257510
Protocol: Web
Infringers IP Address: 104.26.8.145
Infringed Work: http://instagram.com/adamkovic
Infringing URL: https://kiwifarms.net/threads/adam-...ywoood-iron-ryan-the-mad-king-vagabond.77130/

Explanation:
The following site has taken content without permission of the copyright owner. The copyright owner is requesting the following infringements be removed immediately. Source: http://instagram.com/adamkovic Stolen content from a private conversation reposted without permission. Infringing: https://kiwifarms.net/threads/adam-...ywoood-iron-ryan-the-mad-king-vagabond.77130/ https://kiwifarms.net/archive/Adam Kovic/ Stolen content from a private conversation reposted without permission.



Yours Truly,
Matthew Carson
DMCA.com - as authorized agent for Adam Kovic [full legal name]
email: [email protected]
phone: 778-747-0442
765 Market Street
Victoria, BC
Canada, V8T 1B4




DMCA Complaint
2021-01-29

Reporter's Name: Julie Lyle
Copyright Holder's Name:
Reporter's Email Address: [email protected]
Reporter's Company Name: DMCA.com
Reporter's Telephone Number: 7787470442
Reporter's Address: 795 Market St Victoria, BC CA

Reported URLs:

https://kiwifarms.net/threads/adam-...ywoood-iron-ryan-the-mad-king-vagabond.77130/

Original Work: The following site has taken content without permission of the copyright owner. The copyright owner is requesting the following infringements be removed immediately.



Source:

Stolen content from a private conversation reposted without permission.

Infringing:

Stolen content from a private conversation reposted without permission.




Your hosting service may be subject to legal action for non compliance of DMCA-CASE#257510
2021-02-12

To whom it may concern,

DMCA.com recently sent a notice of takedown request for DMCA-CASE#257510 for Adam Kovic [full legal name] to which we have not seen compliance in the removal of content. The content, referred to in these DMCA Takedown notices, remains published.

This means your website hosting company may be exposed to legal action.

Your webhost or ISP has legal protection under the DMCA Act, the website owner does not.
Under the copyright laws of the United States, Section 512(c) of the Digital Millennium Copyright Act (the “Act”), your ISP or Website Hosting Company is provided statutory immunity ("safe-harbor") for the hosting of infringing content ONLY IF THE CONTENT IS REMOVED IMMEDIATELY when they are presented a DMCA Takedown Notice.

We confirm, under penalty of perjury, that we have been authorized by the copyright owner, Adam Kovic, to act on its behalf. As such we have followed all actions prescribed within the Act and required in the DMCA Takedown Process.

You have failed to respond or comply with our DMCA Takedown Notices (attached) that were originally sent to you or your ISP / Webhosting company.

Unless you comply with the takedown notice and reply to confirm within 24 hours or one business day, we will be compelled to advise our client of your failure to comply with the takedown notice and the subsequent loss of your ISP / Webhosting company's statutory immunity for the publication of infringement content under the DMCA Act. This would mean our client would be free to proceed legally and prosecute under law, regarding the illegal publication of their content.

If you change your mind and will remove the content referred to in the case attached please reply to this email immediately so we can update our client as to your actions.



Note: Often there is confusion regarding the counter claim process as prescribed in the ACT and the initial takedown request. Your client cannot initiate a counter claim as per the DMCA Act UNTIL the content has been removed. A counter claim or claim of legitimate ownership cannot block the content being removed for the stipulated length of time with the Act.



Yours Truly,
Matthew Carson.
[email protected].
DMCA Takedown Support Center

DMCA.com




Reminder of risk to your statutory immunity regarding DMCA-CASE#257510
2021-02-21

To whom it may concern

DMCA.com recently sent a notice of takedown request for DMCA-CASE#257510 for Adam Kovic [full legal name] to which we have not seen compliance in the removal of content.

We confirm, under penalty of perjury, that we have been authorized by the copyright owner, Adam Kovic, to act on its behalf. As such we have followed all actions prescribed within the Act and required in the DMCA Takedown Process.

You (or your client) have failed to respond or comply with our DMCA Takedown Notices (attached) that were originally sent to you. The content, referred to in these DMCA Takedown notices, remains published.

By not complying with our legal DMCA Takedown Notice you are at risk of losing your statutory immunity ("safe-harbor") referred to under Section 512(c) of the Digital Millennium Copyright Act (the “Act”) for the publishing of infringing content. This statutory immunity under the Act provides legal protection as part of the copyright laws of the United States.

Unless you comply with the takedown notice and reply to confirm within 24 hours or one business day, we will be compelled to advise our client of your failure to comply with the takedown notice.

If you change your mind and wish to maintain your statutory immunity for the infringement under the Act and will remove the content referred to in the case attached please reply to this email immediately so we can update our client as to your actions.



Note: Often there is confusion regarding the counter claim process as prescribed in the ACT and the initial takedown request. Your client cannot initiate a counter claim as per the DMCA Act UNTIL the content has been removed. A counter claim or claim of legitimate ownership cannot block the content being removed for the stipulated length of time with the Act.



Yours Truly
Matthew Carson.
[email protected].
DMCA Takedown Support Center

DMCA.com
 

Null

Ooperator
kiwifarms.net
Joined
Nov 14, 2012
My replies:

2021-01-30

You submitted this complaint to Google before and received my authoritative answer regarding this matter in response to that.

Adam Kovic's alleged intellectual property is being used fairly for the purposes of fair use and ridicule. Adam Kovic, a public figure, sent these images to what he believed to be fans of his show while cheating on his wife. To adequately discuss this event, it is permissible and indeed necessary for the images sent to be a part of the conversation and present in the discussion chain.

I am my own host. I am my own service provider. When you send complaints to third parties like Cloudflare, they go to me. I understand that Adam Kovic has been hurt by the consequences of his actions and would like to 'move past' this (which is something his wife will never be able to do with what he has inflicted on her), but my forum is a safe place for discussing people like Adam Kovic.

You may tell your client, who thinks throwing a Canadian firm exploiting American law to censor the Internet, that whatever pittance he's paying you will not enable him to become the first person to censor my website's content after 7 years, and that his next step would have to be a real lawyer actually within the United States. He should also research the Streisand Effect and consider what my options are as the owner and operator of a website that receives a billion HTTP requests a month, and which is specifically about Internet drama.

Joshua Moon
913 Beal Pkwy NW
Suite A-1017
Fort Walton Beach, FL 32547

I believe the content in question is used fairly for the purposes of criticism and ridicule.

The above is believed to be true in good faith and I sign under penalty of perjury.

Kind regards,
Joshua Moon




2021-02-12

Hello Julie,

Adam Kovic has received my authoritative answer in regards to this matter.

Please let me know if I need to clarify that position.

Thanks,
Josh
 

Socrates

Yo this hemlock is actually bussin
True & Honest Fan
kiwifarms.net
Joined
Feb 13, 2019
I understand that Adam Kovic has been hurt by the consequences of his actions and would like to 'move past' this (which is something his wife will never be able to do with what he has inflicted on her), but my forum is a safe place for discussing people like Adam Kovic.
hahaha fuckin sick burn
 

carltondanks

kiwifarms.net
Joined
Dec 8, 2017
My replies:

2021-01-30

You submitted this complaint to Google before and received my authoritative answer regarding this matter in response to that.

Adam Kovic's alleged intellectual property is being used fairly for the purposes of fair use and ridicule. Adam Kovic, a public figure, sent these images to what he believed to be fans of his show while cheating on his wife. To adequately discuss this event, it is permissible and indeed necessary for the images sent to be a part of the conversation and present in the discussion chain.

I am my own host. I am my own service provider. When you send complaints to third parties like Cloudflare, they go to me. I understand that Adam Kovic has been hurt by the consequences of his actions and would like to 'move past' this (which is something his wife will never be able to do with what he has inflicted on her), but my forum is a safe place for discussing people like Adam Kovic.

You may tell your client, who thinks throwing a Canadian firm exploiting American law to censor the Internet, that whatever pittance he's paying you will not enable him to become the first person to censor my website's content after 7 years, and that his next step would have to be a real lawyer actually within the United States. He should also research the Streisand Effect and consider what my options are as the owner and operator of a website that receives a billion HTTP requests a month, and which is specifically about Internet drama.

Joshua Moon
913 Beal Pkwy NW
Suite A-1017
Fort Walton Beach, FL 32547

I believe the content in question is used fairly for the purposes of criticism and ridicule.

The above is believed to be true in good faith and I sign under penalty of perjury.

Kind regards,
Joshua Moon




2021-02-12

Hello Julie,

Adam Kovic has received my authoritative answer in regards to this matter.

Please let me know if I need to clarify that position.

Thanks,
Josh
Damn. You slapped his ass