June 2, 2012
GoDaddy Hosting
Copyright Infringement
Legal Department
Via copyrightclaims@godaddy.com
RE: CEASE & DESIST and Take Down DMCA Notice
You are hereby notified AGAIN (6 times) of one of your customers infringing my rights. The image is one the email attached and my artistic work, copyright protected is the second screenshot down, with the Twitter Bird, clearly identifying “Schwager Consulting” via the logo, also attached to this letter so that you know without any doubt I am the copyright owner. I swear under oath with penalty of perjury that this identified screenshot exploited by Michael Zhang on Petapixel is mine and I have not and will not give any rights to anyone for use. As such, this is a violation of the Digital Millenium Copyright Act (“DMCA”) and you are liable if you continue to protect this creep. I have consulted with a specialist in IP, who is more than happy to sue to you. I ask you IMMEDIATELY take down http://www.petapixel.com for infringing my rights. The screen shot may be found at http://www.petapixel.com/tag/candiceschwager. What is sickening is this man is supposedly a professional and is well aware of the law and your politicies, but violates them anyway. Read his blog.
He may contact me by mail at [Address Removed] and is ill advised to call me after this bottomfeeder exploitation. I have more than a good faith belief that Michael Zhang knows he is infringing upon my rights because his entire article falsely accuses me of infringing upon Jay Lee, the Houston Hacker’s rights, when Lee dropped this claim with Go Daddy without prompting from me. He voluntarily (scared) ran. Zhang clearly knows and I believe without a doubt he does that his use of my work on his site is illegal, unauthorized and objectionable under federal law.
I will pursue all available remedies against parties who do not respect my rights after having 14 websites taken down based on lies. Everything I have said is accurate under penalty of perjury of law and Michael Zhang aka Petapixel is not only libeling and exploiting me, but infringing too. Please take it down now or I will sue all in federal court. These juvenile games are hardly amusing.
Respectfully,
Candice Leonard Schwager
1) The screen shot on Petapixel is NOT her's , she would have had to have made the screen shot herself on her computer to make her "under perjury" claim that it was hers factual.
ReplyDelete2) If she had a valid claim on the screen shot, the only thing she can request is for that single image to be removed, not the entire site. Just because Schwager's ISP has a sucky policy to take down entire sites does not mean that is how the rest of the world works.
3) Is this a smear piece, a DMCA take down, a rambling pre-amble on a soap box, or a critique of Peta Pixel's article? For all of her grandstanding about what is fair use, you would think that she would know that Peta Pixel, a news site, is within fair use when they posted a screen shot of Schwager's website featuring prominently the work of Jay Lee that Schwager had in fact infringed upon. Jay Lee withdrawing the takedown so that Go Daddy would reinstate the site with the understanding that Schwager remove the photo does not negate his copyright that goes back to 2008.