ChillingEffects.org has a copy of a letter from DefJux’s lawyer to Blogger.com (aka Google Inc.) asking them politely but firmly to remove their material from the blatantly bootleg site def-jux.blogspot.com. Nice to see some of the behind-the-scenes action. I always wondered how sites like this and similar sites like* wakeyourdaughterup or hhbootleggers continue to exist and how labels were dealing with the issue. Unfortunately, I think indie labels are the ones most affected by bootlegging and they do not have the resources to form a full assault. Do you think Viacom had to write more than one letter to Google to get their material off of Youtube? Link, .pdf
update 050707: as Travis rightfully points out, some labels don’t even exist as separate entities any more and the current copyright owners probably couldn’t care less who bootlegs their assets (*revised 050707).
February 27, 2007
Sender Information:
Definitive Jux Records
Sent by: [Private]
[Private]
Los Angeles, California, 90027, USARecipient Information:
[Private]
Google, Inc. [Blogger]
1600 Amphitheater Parkway
Mountain View, CA, 94043, USASent via: fax and postal mail
Re: Definitive Jux Records – v – http://def-jux.blogspot.comDear Blogger Legal Support, DMCA Complaints:
Further to my February 12, 2007 letter and your February 23rd, 2007 response thereto, below is a letter in the form requested by you. For the record, I find it offensive that I have to comply with your “format” in order for you to remove infringing material that violates my client’s legal rights, thus wasting more of my time and my client’s money.
1. I represent Definitive Jux Records whoa re the exclusive licensees of certain master recordings and audio visual recordings featuring the performances of the artists professionally known as El P, Mr. Lif, Rjd2, Aesop Rock, Cannibal Ox, Camu Tao, Perceptionists, and Murs, among others. I have been informed that there is a “blog” contained on your server that illegally offers for download master recordings and videos owned by my client. Such activity constitutes copyright infringement, among other things. The list of the master recordings and videos owned by my client that are being infringed are set forth in subsection 2 below.
2. We hereby demand that you remove the following posts which contain links to illegally download our copyrighted material:
[excluded]3. I can be contacted at the phone number and/or email set forth in my letterhead: [private] and/or [private]@lisasocranskylaw.com.
4. I have a good faith belief that 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.
5. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you do not comply with the foregoing demands immediately, my client has instructed me to take any and all action necessary to enforce its rights.
Please be advised that nothing contained in this letter is intended or shall be construed as a waiver of any rights, claims, remedies, or statements of fact which my client has asserted in the past or may assert int he future in connection with this matter or any other matter. All such rights, claims and remedies are hereby expressly reserved.
Sincerely yours,
[private]
cc: Definitive Jux Records (via facsimile)
