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Tuesday, June 30, 2015

Vinnie Opens A New Website, How To Write A DMCA TO 1AND1 Hosting

Posted By: ZiLe Ohai - 11:38 AM

UPDATE: This post was censored and removed by Google after a complaint filed by Vinnie Spina as part of a harassment campaign. 

We were not given notice or an opportunity to protest the censorship. We have a first amendment right to publish information of public interest on irontroll.com as established in Obsidian v Cox. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


Vincenza Spina now has 2 websites! Isn't she clever? Her new site is fauxxmedia.com and hosted by 1and1.com, a company in Chesterbrook, Pennsylvania.

Since the new site is an exact mirror of her old site fauxrealityentertainment.com, Vinnie, the disbarred lawyer, is obviously trying to circumvent DMCA violations.  GoDaddy will permanently suspend a repeat offender so she's using another host.

Ironically her new hosting company is also used by Brandon King for his website. She  mentions Brandon in her article of June 22nd though she has her facts wrong. SeriousMode has been denounced by Cheaterville aka Bullyville (his article is right here) for teaming up with Vincenza Spina to harass people Vinnie doesn't like. Brandon King IS seriousmode and currently using the Twitter handle @theumpirelestat . All the comments Vinnie makes about SeriousMode are about her friend Brandon King. I don't know what little game she's trying to play, everybody knows Brandon was seriousmode, you can google it and find out Brandon was seriousmode. Brandon even left the first comment on that article, he's very supportive of Vinnie. I left the third comment but as you'll see, Vinnie didn't let my comment go through. 


Anyway, while I know GoDaddy is quick to suspend on suspicions of copyright infringement, I don't know how fast 1and1 reacts. Their headquarters are in Pennsylvania and they have a legal department so they're subject to US law and know they have to take DMCA complaints seriously. 

The format for writing a DMCA to 1AND1 is the same, just a different email address. They also have a fax number.

Take note that an electronic signature is needed. To create one just sign a piece of paper and either scan it or take a picture with a webcam then embed the picture of your signature in your email.




You will be sending your DMCA by email but also have the option to use a fax machine via 215-508-4428



to: Legal@1and1.com
 

Subject: Copyright Claim

Date: Insert the correct date

To  J. Christopher Erb,,

This letter is a Notice of Infringement as authorized in § 512(c) of the U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA).  I wish to report Copyright Infringement for material that appears on a website for which you are the designated host. 

The copyrighted material, which I contend belongs to me and appears illegally on the website for which you provide hosting services, is the following:

DESCRIBE THE MATERIAL THAT'S BEEN STOLEN AND WHERE IT WAS TAKEN FROM.

The copyrighted material was taken from THE VERIFIED TWITTER TIMELINE OF KRISTEN JOHNSTON which is located at https://twitter.com/kjothesmartass

The copyrighted material includes the following:

https://twitter.com/kjothesmartass/status/516426458487476224
https://twitter.com/kjothesmartass/status/428295581849513984
https://twitter.com/kjothesmartass/status/613110375337230336 
Continue listing each item being used without permission

Name the website where your copyrighted material is being used without permission

The website infringing the copyrighted work is:  fauxxmedia.com specifically the following pages:

GIVE THE URL (http://whatever) where the stolen material is being used


1. http://fauxxmedia.com/kristen-johnstons-false-claims-underhanded-tactics
contains  3 tweets by Kristen Johnston aka @kjothesmartass


3. http://fauxxmedia.com/did-rise-and-stand-defraud-celebrity-kristen-johnston/
contains 4 Direct Messages by Kristen Johnston aka 
kjothesmartass

4. http://fauxxmedia.com/cable-actress-kristen-johnston-where-is-she-now
contains 4 tweets by Kristen Johnston
 aka kjothesmartass. The author claims these are "embedded" but the html source shows the tweets are copied and pasted.

5. http://fauxxmedia.com/kristen-johnstons-false-claims-underhanded-tactics/kristen-johnston-tweets/ 
A password protected area devoted to tweets by Kristen Johnston after being denied permission to use copyrighted material by Kristen Johnston
 aka kjothesmartass.


Thank you for your timely response to my DMCA complain

My contact information is as follows:

[Your Name]

You can give your address and phone number but this will probably be given to the person you're complaining about so it's not adivised. It's better to create a new email address to use for the DMCA correspondence.

[Your Email Address]

I have a good faith belief that use of the copyrighted materials as described above is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


[Electronic Signature] INSERT A PICTURE OR SCAN OF YOUR ACTUAL SIGNATURE

THEN PRINT YOUR NAME HERE




Here's a summary of what 1and1.com expects in a DMCA complaint, it's standard stuff:

1&1 Respects the intellectual property of others. If you think 1&1 or one of its customers is violating your rights, please send proper notice to 1&1 as outlined below. Such notice of copyright or other intellectual property infringement must contain the following elements:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice should be sent to 1&1’s designated agent at one of the addresses below:
1&1 Internet Inc.
c/o J. Christopher Erb
The Erb Law Firm, PC
5901 Ridge Avenue
Philadelphia, PA 19128
USA

Fax 215-508-4428



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