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DMCA "Request" www.rsclegacy.com

Moderators: C:Amie

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C:Amie Page Icon Posted 2019-07-27 8:20 PM
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Hello,

My name is Brian Jackson and I am representing 'RSCLegacy'. A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by RSCLegacy.

An article was copied onto your servers without permission. The original ARTICLE/PHOTO, to which we own the exclusive copyrights, can be found at:

www.rsclegacy.com

The unauthorized and infringing copy can be found at:

https://www.hpcfactor.com/forums/forums/thread-view.asp?tid=15186&st...
User: Grasshopper
Text: http://www.rsclegacy.com <--- a private version of it's original form that still runs for free, this is old school MUD based graphics.(This has potential to run)

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Thank you.

Brian Jackson
bjacksonparalegal@zoho.com




Would anyone like to assist Mr. Brian Jackson Paralegal in understanding where he went wrong in his DMCA "request" for http://www.rsclegacy.com ?

For bonus kudos. Does anyone fancy guessing what the American Bar Association might think of licensed professional who sends such a "request"?

Up until April of this year http://www.rsclegacy.com was forwarding to https://www.rscrevolution.com/
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stingraze Page Icon Posted 2019-07-28 5:59 AM
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Hmm.... I don't see anything infringing from the post.

I got some of those requests to remove results from my search engine a while back, but these days they have faded since the erroneous results are mostly gone now.

what is this zoho.com anyway? maybe it's a trick to lead you into phishing attack / malware laden site?
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C:Amie Page Icon Posted 2019-07-28 7:42 AM
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It is some sort of cloud suite https://en.wikipedia.org/wiki/Zoho_Corporation nothing to do with http://www.rsclegacy.com
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joval Page Icon Posted 2019-07-28 12:23 PM
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A "para" legal is not an attorney...sort of like a nurses aid vs a physician. Trying to "Play" law...lacking appropriate credentials and obvious judgement, not to mention the erroneous basis or facts, IMHO.
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C:Amie Page Icon Posted 2019-07-28 1:01 PM
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joval - 2019-07-28 12:23 PM

A "para" legal is not an attorney...sort of like a nurses aid vs a physician. Trying to "Play" law...lacking appropriate credentials and obvious judgement, not to mention the erroneous basis or facts, IMHO.
+10 points. I'm sure that http://www.rsclegacy.com will notify us of a legitimate reason for the procedural inefficiency of their representation in due course.
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stingraze Page Icon Posted 2019-07-28 4:49 PM
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C:Amie - 2019-07-28 4:42 PM

It is some sort of cloud suite https://en.wikipedia.org/wiki/Zoho_Corporation nothing to do with http://www.rsclegacy.com

ah. I guess they use that service for their "marketing" campaigns.
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C:Amie Page Icon Posted 2019-07-28 4:51 PM
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Anyone else spotted anything that Mr. Brian Jackson Paralegal has got wrong here on behalf of http://www.rsclegacy.com ?
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Jake Page Icon Posted 2019-07-30 10:31 PM
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For one thing, it's an ancient post. Secondly, didn't grasshopper simply make a reference to the free software? Sounds as if a bot picked this up and the para c/p-ed the post without reading it.

Be that as it may, I'm still going on the lam. I just can't afford to do the time.

See you under another name,
Jake
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Mobi Page Icon Posted 2019-07-31 2:25 AM
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C:Amie - 2019-07-28 8:51 AM

Anyone else spotted anything that Mr. Brian Jackson Paralegal has got wrong here on behalf of http://www.rsclegacy.com ?


Jackson refers to a "copy" of "an article" on HPC:Factor, but then links to a post (the supposedly offending post) which only provides a link to the www.rsclegacy.com site. AFAIK, there is no copy of the article on HPC:Factor. He is in error.

Edited by Mobi 2019-07-31 2:30 AM
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stingraze Page Icon Posted 2019-07-31 8:09 AM
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Yes. That is indeed true.
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C:Amie Page Icon Posted 2019-07-31 10:12 AM
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Not bad people, not bad You all missed the obvious though.

Here are my observations and the findings of my "investigation":

Mr. Brian Jackson Paralegal claims to be representing "RSCLegacy", however there is no indication that this is in fact a company, no reference or contact information to said organisation and as far as I can tell is a brand name, with no proof that it is actually anyone's brand having been offered.

Mr. Brian Jackson Paralegal has failed to provide suitable contact and validation information. There is no data here that allows HPC:Factor to validate that he is in fact a representative of RSCLegacy, either directly or as an appointment. No contact information for a law firm. Nor has Mr. Brian Jackson Paralegal made contact via an email address on the rsclegacy.com domian. Something that no reputable law firm would allow to happen - offering an indication of precisely what I think of Mr. Brian Jackson Paralegal

The information that is alleged to be copied to this site for which "RSCLegacy" claims to own copyright can be found at www.rsclegacy.com. DMCA requires that conclusive proof be offered of the infringed material. Giving a root web address and saying "it's on here somewhere" is like saying "well it's in the US library of congress somewhere".

Claiming that infringement is occurring on www.rsclegacy.com while www.rsclegacy.com is a non-working HTTP server, with an error page an no actual content proves nothing

Mr. Brian Jackson Paralegal claims that user Grasshopper has violated copyright by stating "http://www.rsclegacy.com <--- a private version of it's original form that still runs for free, this is old school MUD based graphics.(This has potential to run)". As far as I can tell Grasshopper has created a hyperlink to a PUBLICLY ACCESSIBLE domain name, listed in WHOIS and accessible via Google. I would like very much to see Mr. Brian Jackson Paralegal claim to a judge that a domain name with a ASCII arrow next to it and a comment about use on a legacy H/PC is first party content and there-in that its reproduction damages their brand

Section 512(d) of the Digital Millennium Copyright Act (”DMCA”) states that hyperlinking to content does not constitute a copyright infringement

Fair use permits the use of domain names

Trademark fair use allows the use of public brand identities, including domain names provided there is no defacement of the identity. There was none here.

Mr. Brian Jackson Paralegal has failed to satisfy even the simplest of Burden of Proof tests

www.rsclegacy.com was last registered at 2016-08-22 18:22:59. The post being cited was created at 2010-05-08 09:23, clearly making this an attempt at historic revisionism on the public Internet. Something that will not stand.

Therefore it seems very clear to me, based on other DMCA information on Google surrounding that domain name that someone is attempting undertake revisionism with the desired ambition seemingly to be that they want to remove all historic references to the PUBLIC domain name either to clean up what they were doing with it, to flush away legacy so that it can be re-used for something else or for some other nefarious purpose. None of which I care for in the least. This is why I have posted a new hyperlink to http://www.rsclegacy.com in every single post I have made here. Had Mr. Brian Jackson Paralegal approached me without resorting to threats, in a constructive fashion, may be this would have turned out differently for him. However I do not and never have responded well to threats made against this site and our community.

And the final thing that the imminently "capable" Mr. Brian Jackson Paralegal seems to have missed in his extremely poor attempt to edit the Internet... and I really want to emphasise this as being the starting point of your failure here Mr. Brian Jackson Paralegal

The Digital Millennium Copyright Act does not apply outside the United States of America. The last time I checked, the US Government had not yet succeeded in becoming a unilateral Global legislature and therefore threatening a European website with fabricated nonsense is going to help you get what you want about as much as trying to throw stones over the Atlantic from the east coast of Maine.


If the actual copyright holder of RSCLegacy has a genuine issue that they want to discuss with this site - an issue that has legitimate legal foundation. Then either they or a partner in your firm (not you Mr. Brian Jackson Paralegal) should get in contact. Without making legal threats, they should try again to explain the situation. This site takes matters of copyright and IP seriously; just as seriously as we do attempts to violate and repress free speech or create a revisionist interpretation of the Internet. If there is legitimate cause, then we will hear it.

As you can see, I have with "deliberate speed" "investigate[d]" the matter and made a public domain disclosure on the findings of that investigation. We find no user of this community at fault. No content will be removed from this site unless a properly qualified, properly formatted and reasonable request is levied to us. No remedial action will be taken against any user. As this is not a US site, the content will not be removed for a 14 day remedial period subject to counter action and hpcfactor.com will not be wasting any time filing a counter notice as the DMCA has no jurisdiction in this territory to begin with.
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CE Geek Page Icon Posted 2019-07-31 6:37 PM
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Looks like fraud and extortion to me. Looks like a real lawyer needs to send a letter to this "para-illegal."
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C:Amie Page Icon Posted 2019-07-31 6:55 PM
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CE Geek - 2019-07-31 6:37 PM

Looks like fraud and extortion to me. Looks like a real lawyer needs to send a letter to this "para-illegal."
*boom tish*
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Jake Page Icon Posted 2019-07-31 7:58 PM
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Chris, I have a friend who's getting divorced. Will you represent him?

Jake
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C:Amie Page Icon Posted 2019-08-01 9:36 AM
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Jake - 2019-07-31 7:58 PM

Chris, I have a friend who's getting divorced. Will you represent him?

Jake
Sure, why not
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