I Tremble With Fear… DMCA Notice

  

I received this notice from Modee, a banned member of this website.

Basically it’s a copyright plea over posted material he made in our forum… Yeah right… you can read more about why he was banned here: Modee’s Downfall

Oh yeah, more juicy content from Modee:

From: The Ted, Inc. [mailto:theteds***250@gmail.com]
Sent: Wednesday, April 01, 2009 3:11 PM
To: Response, Legal
Subject: Re: DMCA action – notice

The statement is repeated below:

I am Modee. I am the co-founder of the forums at www.aspkin.com/forums  ** Wrong **

I provided content under a license to the forums at
http://www.aspkin.com/forums ** Wrong Again **

All posts I made on that forum belong to me and me alone. When I
provided aspkin with my content, which is all
posts on that forum written by me (4108 posts), I specifically advised
him that I reserved all rights to my content (my posts). ** Wrong Three Times? Yeah! **

Several weeks ago I advised aspkin in writing that I revoked this
authorization. ** In Writing?  **

Further use of my posts on that forum constitute a violation of the
Digital Millenium Copyright Act. My material is copyrighted by me,
belongs to me, and does not belong on this forum as it is now an
infringement issue. ** Sorry but Wrong Again **

To locate my posts, go to
http:///www.aspkin.com/forums <http://www.aspkin.com/forums>
and click on SEARCH on the navbar
Search for all posts created by User Name
MODEE

Those 4108 posts are my content, and are being used by aspkin in
violation of copyright. I demand that all of my posts be deleted from
this forum, or that this website be disabled until such time as my
content is removed from it.  ** Scary **

I have 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.

The information in this notification is accurate, and this statement and
claim is made under penalty of perjury. The Complaining Party is
authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.

Dave Thomas
a.k.a. MODEE
c/o P. O. Box 711
La Jolla, CA 92038

email: theteds***250@gmail.com

Preferred method for communication with me: EMAIL.

Electronic signature:
/DAVE THOMAS/
/MODEE/

My Response:

A couple things

Modee (DAVE THOMAS) is not the co-founder of my forum; it was created solely by me.

No license is given to any member over posted material in the forum. All posted content belongs to the forum.

No member, banned or otherwise reserves right to content posted in our forums. Once someone creates a post in our forum, it is the property of the forum.

All members who join the forum agree to terms in conditions which clearly states the owner of the forum reserve the right to remove, edit, move or close any thread for any reason.

I out right deny any request to remove posted material by this member, as he has caused nothing but trouble in and out of our forums.

Again any Posted material in our forums belongs to the forum and I reserve the right over said content.

————–

I’m sure this will continue on as Mr. Dave Thomas has nothing better to do with his time, and that’s fine with me. If in the end I have to delete his posts, then so be it. I rather the posts he made not be in the forum in the first place, but then again I won’t give in to his underhand tactics anymore.

I gave the guy too many chances to change his attitude, but that was too much for him, now we continue to see the true Modee.

I’ll continue posting the status of the dispute as it unfolds.

*Update

After some back and forth discussions I decided it wasn’t worth my time to continue arguing over posts of a banned member. I have websites to build and businessess to grow and I can’t waste time with this guy anymore.