---------- 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/
Jamie Baillie
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.
http://www.john-oliver.net/spamfree/
10/09/05 22:35:38 dns
www.john-oliver.net Canonical name:
Addresses:
207.158.59.100
10/09/05 22:35:36 IP block www.john-oliver.net Trying
207.158.59.100
at ARIN Trying
207.158.59 at ARIN
OrgName:
American Digital Network
OrgID:
ADN
Address:
City:
StateProv: CA
PostalCode: 92121
Country: US
NetRange:
207.158.0.0 - 207.158.63.255
CIDR:
207.158.0.0/18
NetName:
ADN-WEST2
NetHandle:
NET-207-158-0-0-1
Parent:
NET-207-0-0-0-0
NetType:
Direct Allocation
NameServer:
NS1.ADNC.NET
NameServer:
NS2.ADNC.NET
Comment: ADDRESSES WITHIN
THIS BLOCK ARE NON-PORTABLE.
RegDate:
1996-06-22
Updated: 2002-12-16
TechHandle:
NAM1-ARIN
TechName:
Montante, Nick Alan
TechPhone:
+1-858-576-4272
TechEmail: nmontante at adnc.com
OrgNOCHandle:
NOC259-ARIN
OrgNOCName:
NOC
OrgNOCPhone:
+1-858-576-4272
OrgNOCEmail:
routing at adnc.com
OrgTechHandle:
RJS119-ARIN
OrgTechName:
Sears, Richard James
OrgTechPhone:
+1-858-576-4272
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
detailed information.
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
Status: REGISTRAR-LOCK
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.
TERMS OF USE: You are not authorized to access
or query our Whois
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,
you agree to abide by
the following terms of use: You agree that you
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
for failure to abide
by these terms of use. VeriSign reserves the right to
modify these terms at any time.
The Registry database contains ONLY .COM,
.NET, .EDU domains and
Registrars.
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.
Registrant:
John Oliver
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
Administrative Contact:
Oliver, John joliver at john-oliver.net
(619)
299-5630 Fax --
Technical Contact:
Oliver, John hostmaster at sdsitehosting.net
6192995630 Fax --
Domain servers in listed order:
NS.SDSITEHOSTING.NET
NS2.<MUNGED>.COM
Dig john-oliver.net at ns.sdsitehosting.net
(207.158.59.100) ...
Authoritative Answer
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
serial:2004090201
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
smtp.sdsitehosting.net
john-oliver.net
TXT (Text Field)
v=spf1 a
john-oliver.net
A (Address) 207.158.59.100
ns.sdsitehosting.net
A (Address) 207.158.59.100
ns2.<munged.com
A (Address) 68.105.242.70
smtp.sdsitehosting.net
A (Address) 207.158.59.101
<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
of
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
public
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
against you.
- a complaint against
you and/or your company under the Uniform Domain
Name Dispute Resolution Policy
http://www.icann.org/udrp/udrp-policy-24oct99.htm
and
http://www.icann.org/udrp/udrp-rules-24oct99.htm
- 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
416-781-0627
Yours faithfully
Jamie Baillie