---------- Forwarded Message -----------
From: "Jamie Baillie" <jamiebaillie at sympatico.ca>
To: <nmontante at adnc.com>
Cc: <rsears at adnc.com, <routing at adnc.com>, <abuse at adnc.com>,
<postmaster at adnc.com, <abuse at <munged>.com>,
<postmaster at <munged.com, <mlb at <MUNGED>.COM>, <support at <munged>.com>,
<info at <munged>.com>, <abuse at godaddy.com
Sent: Sun, 9 Oct 2005 22:52:00 -0400
Subject: Cease and Decist Order http://www.john-oliver.net/spamfree/
Phone #: 416-781-0627
Email: jamiebaillie at sympatico.ca
October 9 2005,
Dear Sir or Madam,
I am writing this to complain about infringements of copyrights held
by Mr. Baillie and for Defamatory
Libel against Mr. Baillie.
10/09/05 22:35:38 dns www.john-oliver.net Canonical name:
10/09/05 22:35:36 IP block www.john-oliver.net Trying 188.8.131.52
at ARIN Trying 207.158.59 at ARIN
OrgName: American Digital Network
NetRange: 184.108.40.206 - 220.127.116.11
NetType: Direct Allocation
Comment: ADDRESSES WITHIN THIS BLOCK ARE NON-PORTABLE.
TechName: Montante, Nick Alan
TechEmail: nmontante at adnc.com
OrgNOCEmail: routing at adnc.com
OrgTechName: Sears, Richard James
OrgTechEmail: rsears at adnc.com
# ARIN WHOIS database, last updated 2005-10-09 19:10 # Enter ? for
additional hints on searching ARIN's WHOIS database.
10/09/05 22:39:01 whois john-oliver.net .net is a domain of Network
services Searches for .net can be run at http://www.crsnic.net/ whois
-h whois.crsnic.net john-oliver.net ...
Whois Server Version 1.3
Domain names in the .com and .net domains can now be registered with
many different competing registrars. Go to http://www.internic.net for
Domain Name: JOHN-OLIVER.NET
Registrar: GO DADDY SOFTWARE, INC.
Whois Server: whois.godaddy.com
Referral URL: http://registrar.godaddy.com
Name Server: NS2.<MUNGED>.COM
Name Server: NS.SDSITEHOSTING.NET
Updated Date: 20-dec-2004
Creation Date: 19-jan-2001
Expiration Date: 19-jan-2006
Last update of whois database: Sun, 9 Oct 2005 14:08:30 EDT <<<
NOTICE: The expiration date displayed in this record is the date the
registrar's sponsorship of the domain name registration in the
registry is currently set to expire. This date does not necessarily
reflect the expiration date of the domain name registrant's agreement
with the sponsoring registrar. Users may consult the sponsoring
registrar's Whois database to view the registrar's reported date of expiration for this registration.
database through the use of electronic processes that are high-volume
and automated except as reasonably necessary to register domain names
or modify existing registrations; the Data in VeriSign Global Registry
Services' ("VeriSign") Whois database is provided by VeriSign for
information purposes only, and to assist persons in obtaining
information about or related to a domain name registration record.
VeriSign does not guarantee its accuracy. By submitting a Whois query,
may use this Data only for lawful purposes and that under no
circumstances will you use this Data
to: (1) allow, enable, or otherwise support the transmission of mass
unsolicited, commercial advertising or solicitations via e-mail,
telephone, or facsimile; or (2) enable high volume, automated,
electronic processes that apply to VeriSign (or its computer systems).
The compilation, repackaging, dissemination or other use of this Data
is expressly prohibited without the prior written consent of VeriSign.
You agree not to use electronic processes that are automated and
high-volume to access or query the Whois database except as reasonably
necessary to register domain names or modify existing registrations.
VeriSign reserves the right to restrict your access to the Whois
database in its sole discretion to ensure operational stability.
VeriSign may restrict or terminate your access to the Whois database
The Registry database contains ONLY .COM, .NET, .EDU domains and
Redirecting to GO DADDY SOFTWARE, INC.
whois -h whois.godaddy.com john-oliver.net ...
The data contained in Go Daddy Software, Inc.'s WhoIs database, while
believed by the company to be reliable, is provided "as is"
with no guarantee or warranties regarding its accuracy. This
information is provided for the sole purpose of assisting you in
obtaining information about domain name registration records.
Any use of this data for any other purpose is expressly forbidden
without the prior written permission of Go Daddy Software, Inc. By
submitting an inquiry, you agree to these terms of usage and
limitations of warranty. In particular, you agree not to use this
data to allow, enable, or otherwise make possible, dissemination or
collection of this data, in part or in its entirety, for any purpose,
such as the transmission of unsolicited advertising and and
solicitations of any kind, including spam. You further agree not to
use this data to enable high volume, automated or robotic electronic
processes designed to collect or compile this data for any purpose, including mining this data for your own personal or commercial purposes.
Please note: the registrant of the domain name is specified in the
"registrant" field. In most cases, Go Daddy Software, Inc.
is not the registrant of domain names listed in this database.
Registered through: GoDaddy.com
Domain Name: JOHN-OLIVER.NET
Created on: 19-Jan-01
Expires on: 19-Jan-06
Last Updated on: 20-Dec-04
Oliver, John joliver at john-oliver.net
(619) 299-5630 Fax --
Oliver, John hostmaster at sdsitehosting.net
6192995630 Fax --
Domain servers in listed order:
Dig john-oliver.net at ns.sdsitehosting.net (18.104.22.168) ...
Query for john-oliver.net type=255 class=1
john-oliver.net SOA (Zone of Authority)
Primary NS: ns.sdsitehosting.net
Responsible person: hostmaster at sdsitehosting.net
refresh:3600s (60 minutes)
retry:1200s (20 minutes)
expire:1209600s (14 days)
minimum-ttl:3600s (60 minutes)
john-oliver.net NS (Nameserver) ns.sdsitehosting.net
john-oliver.net NS (Nameserver) ns2.<munged>.com
john-oliver.net MX (Mail Exchanger) Priority: 20 mx2.<munged>.com
john-oliver.net MX (Mail Exchanger) Priority: 10
john-oliver.net TXT (Text Field)
john-oliver.net A (Address) 22.214.171.124
ns.sdsitehosting.net A (Address) 126.96.36.199
ns2.<munged.com A (Address) 188.8.131.52
smtp.sdsitehosting.net A (Address) 184.108.40.206
<munged.com all DNS and MX servers this abuser has access to needs
to be immediately removed.
Each of the search result URL's identified above contains Defamatory
Libel, which as defined in the criminal code
the criminal code of
justification or excuse, that is likely to injure the reputation of
any person by exposing him to hatred, contempt, or ridicule, or that
is designed to insult the person of or concerning whom it is
published. A person publishes a libel when he: a) exhibits it in
b) causes it to be read or seen, or c) shows or delivers it, or causes
it to be shown or
delivered, with intent that it should be read or seen by the person whom it
defames or by any other person (article 299 of the criminal code of
I have a good faith belief that 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, 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.
Please accept this demand for your clients to immediately remove all
such statements, misrepresentations and assertions and copyright
violations from the websites listed above.
I am sure it is unnecessary for me to explain laws related to slander,
liable [sic], and defamation of character and the other potential violations of law already committed by this website.
There are also legal implications of libel, slander, defamation of
character and invasion of privacy on the part of said website which I am sure your fair company would rather not be party to should the entire request for removal not be heeded.
Accordingly, please advise as to removal of these various items by 5 business days.
If they are not removed within this time frame then the following
actions can be taken
- a complaint against you and/or your company under the Uniform Domain
Name Dispute Resolution Policy
- litigation against you and/or your company in either US or English
Courts on the grounds of defamation,
trade mark and copyright infringement.
In the event that our client is compelled to take legal proceedings by
your failure to comply with the reasonable requests made in this
letter, our client reserves its rights to seek damages and/or an
injunction against you and/or your company to prevent the Website from
publishing defamatory comments relating to Mr. Baillie
and for violation of copyright laws.
Whilst setting out the legal options open to our Mr. Baillie, we would
reiterate that he would prefer to avoid formal legal proceedings if possible.
Given the nature of this letter, we would urge you not to post it to
the Website. If you were to do so, we are confident that the relevant
Courts (and any visitors to the Website) would interpret such action as clear evidence of the bad faith motivating your operation of the Website.
We look forward to receiving the confirmation that the website(s) have
been removed and the requested written undertaking in the timescale set out above.
You may contact me at the email address jamiebaillie at sympatico.ca or
via the phone at