Dear [private]:I note that the Infringing Sites detailed in my first notice (see below) are still returned on the Goode Searches delineated therein!
You've already had more than 96 hours since my first notice regarding these Infringing Sites, which first notice — for ease of reference — I include immediately hereafter:
Via Signed Facsimile (without attachments) to (650) 618-1499 and Via email (with attachments) to [private]@google.com
February 20, 2006 12:05 AM (California Time)
Subject: Contributory Copyright Infringement by Google
From: Jim Salomon (email: [private]@msn.com)
C/o [private] (SBN: [private]) and [private](SBN: [private]) COSTA, ABRAMS, and COATE, LLP
[private]
Santa Monica, CA 90401
[private]
To: Mr.[private] Intellectual Property Counsel Google, Inc.
1600 Amphitheatre Parkway Mountain View, CA 94043
Re: Salomon v. Net Management Services, et al./Copyright Violations United States District Court, Central District of California Case No. CV 04-1553
Salomon v. LFP Broadcasting, et al./Convright Violationg United States District Court, Central District of California Case No. CV 05-8603
Dear Mr. [private]:
I guess by now you probably remember me. My name is Jim Salomon, and I own substantial rights in the Salomon/Hilton Video. This is a follow up to: the Paul S. Berra, Esq. of Lavely & Singer letter to you of March 16, 2004 (in numerous prior emails to you, I've already attached copies) as a result of which Google reportedly removed something like 23 URL's; the Joseph P. Costa, Esq. of Costa, Abrams & Coate LLP letter to you of May 28, 2004 (in numerous prior emails to you, I've already attached signed copies) as a result of which Google reportedly removed something like 41 URL's; my letter to David C. Drummond, Miriam Rivera and you of November 15, 2005; and my letters to you of November 29, 2005, December 7, 2005, December 12, 2005, December 14, 2005, December 22, 2005, January 2, 2006, January 3, 2006, January 11, 2006, January 16, 2006, January 29, 2006, February 2, 2006, and February 17, 2006. Also in numerous prior emails to you, I've already attached copies of the signed court-stamped above-referenced United States District Court complaints [the latter of these two complaints was filed on December 8, 2005].
As you may recall, Costa, Abrams & Coate LLP are litigation counsel for my brother Rick Salomon. Pursuant to Google' s copyright complaint procedure, this letter shall set forth a page(s) returned on a Google Search(es) which is infringing upon my rights, the rights of Rick Salomon, and the rights of other significant interests.
Pursuant to Sections 512 (c) (3) and 512 (d) (3) of the Digital Millennium Copyright Act (I 7 U.S.C. SS12 (c) (3) and 512 (d) (3)). I hereby place you on notice.
The copyrighted work at issue is the much-publicized Video showing my brother Rick Salomon and his girlfriend at the time, famous socialite and aspiring actress, Paris Hilton, engaged in sexual activity and other intimate relations. Footage was registered in November, 2003. INo. PAu-2-780-2231 Please submit the removal request and remove the infringing page(s) from your search engine immediately and confirm the removal with me — via email -- as soon as possible!
Remember, the longer you take, the more your unlawful conduct damages us and the more you incentivize the infringer / fraudster for the next time!
Why does it take many hours for Google to remove an infringing page??? By contrast— for example — it only takes EBay/PayPal a matter of minutes (even on a Sunday) to terminate PayPal accounts — associated with infringing sites—in response to my similar reasonable demands.
Infringing Material: We strongly believe that the operators of the following pages are engaging in copyright infringement by: (a.) directly infringing upon the copyrights in the Video; and/or (b.) engaging in "personal conduct that encourages or assists the infringement" [Perfect 10, Inc. v. Cvbernet Ventures Inc., 213 F.Supp.2d 1146 (9th Cir. 2002)] Each of these instances of copyright infringement relates to recognizable portions of the Video which has been registered by the U.S. Copyright Office.
Google Searches: Paris Hilton Sex
Paris Hilton Sex Free
Paris Hilton Sex Movie
Paris Hilton Sex Movie Free Paris Hilton Sex Tape
Paris Hilton Sex Tape Free Paris Hilton Sex Video
Paris Hilton Sex Video Free
Infringing Pages:
[A.] anitazz.galeon.com/paris.htm
[A.] anitazz.galeon.com/paris.htm
{1.} Attached hereto please find a JPG screenshot entitled Google-anti. There you will find the following Google result:
paris hilton sex tape.
PARIS HILTON SEX TAPE. paris hilton sex tape. paris hilton sex tape.
anitazz.galeon.com/paris.htm
{2.} Attached hereto please find a JPG screenshot entitled anti.
There you will find infringing images of both my brother, Rick Salomon, and Paris Hilton; along with the promise of still more infringing images.
The use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury consistent with United States Code Title 17, Section 512, that the information in the notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Should Google fail to fully comply with these reasonable demands, we will have no alternative but to assert our legal rights against Google, and those acting on Google's behalf, under both U.S. federal and state law, and seek compensatory damages, punitive damages, injunctive relief, and the recovery of attorneys' fees necessitated by Google's unlawful conduct.
This letter does not constitute a complete or exhaustive statement of all of our rights, claims, contentions or legal theories regarding this matter. Nothing stated herein is intended as, nor should it be deemed to constitute, a waiver or relinquishment of any of our rights or remedies, whether legal or equitable: all of which are hereby expressly reserved.
We await your email response. - Jim Salomon
cc: Mr.[private] at Google (with attachments; via e-mail)
[private], Esq. (with attachment; via e-mail)
[private], Esq. (with attachments; via e-mail)
[private], Esq. (with attachments; via e-mail)
[private] (with attachment; via e-mail)
[private] (with attachments; via e-mail)
removals@google.com (with attachments; via e-mail)
dmca-images@google.com (with attachments; via e-mail)
adwords-support@google.com (with attachments; via e-mail)
help@google.com (with attachments; via e-mail)
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