Sirs, you are very missinformed as to MY involvment in this "video". I share a site with "illwill", it was his decision solely to post and the paypal link is under his name. Furthermore I have never recieved any gain from HIS involvement in this issue, nor am I aware of HIS dealings in regard to this issue. Please cease and disist any action against ME ( morningwood@thepub.co.za ) as I catagorically deny any involvement whatsoever in this "video" issue with your client. Personaly I have neither "viewed" nor "distributed" said "video" in any shape or form(at) whatsoever. If you do not wish to cease and disist and remove me from future involvement in your "action" I will be forced to take every step nessesary to procecute you for defamation of character and public slander by metioning me in conjunction with this issue. thank you, morningwood@thepub.co.za cc: legal@usatoday.com cc: legal@nytimes.com cc: legal@cnn.com On Wed, 18 Feb 2004 12:56:10 -0800 "Paul S. Berra" wrote: > > February 18, 2004 > > CONFIDENTIAL LEGAL COMMUNICATIONS > PROTECTED UNDER THE UNITED STATES COPYRIGHT ACT > NOT FOR PUBLICATION OR OTHER USE > > > VIA E-MAIL > xillwillx@yahoo.com > morningwood@thepub.co.za > atomix@illmob.org > > WWW.ILLMOB.ORG > Attn: illwill > morning wood > atomix > > Re: Salomon v. Hilton, et al./Copyright Violations > Our File No.: 3536-4 > > Dear Sirs/Madams: > > We are litigation counsel for Rick Salomon and his > website, www.trustfundgirls.com. As we have demanded of > other website operators and/or registrants, including > those persons and entities recently responsible for > www.sdr2.com, we hereby demand that you immediately cease > and desist from any further unauthorized exploitation of > the video (the "Video") involving Mr. Salomon and Paris > Hilton on the Internet and elsewhere. Specifically, it > has come to our attention that each of you have been and > are currently involved in the unlawful distribution and > commercial exploitation of the Video in a malicious > attempt to market and exploit your websites and the > products you purport to offer. > > Be advised that my clients are the exclusive owners of > the copyrights and other rights in the Video, and the > Video is being lawfully sold on, www.trustfundgirls.com, > the only website which is permitted to sell, publish, > broadcast, distribute or otherwise commercially exploit > (collectively, "exploit") the Video, and any portion > thereof. Therefore, if you do not immediately cease and > desist exploiting the Video in any and all media > whatsoever, including but not limited to stills of the > video, your individual exposures regarding liability and > damages in this case will continue to increase > exponentially, minute by minute, hour by hour. This > urgency applies with full force and effect to each and > every person and entity, including any other websites, > acting with you or on your behalf. Even if you purport > to give the Video away for free is irrelevant. As the > exclusive rights owners, my clients will suffer even more > harm - - which we estimate will run into the tens of > millions of dollars - - regardless of how much you charge > for the Video. Furthermore, you will be forced to > disgorge any revenues and profits earned therefrom and > will be subject to criminal prosecution. Anyone involved > in exploiting the Video will be responsible for > compensating my clients, in full, for the damages that > they suffer. > > It is no longer disputed that my clients own all > copyrights and other rights in the Video. The > unauthorized copying and distribution of the Video > clearly constitutes intentional and malicious > infringements of copyright in violation of the United > States Copyright Act, Title 17 of the United States Code, > Section 101, et. seq., and exposes you and everyone > acting in concert with you to civil liability, damages, > injunctive relief and reimbursement of all attorneys' > fees and costs incurred by my client(s) in connection > with a copyright infringement action. Infringement of > Mr. Salomon's copyrights will also expose you to criminal > prosecution, particularly if you continue to recklessly > choose to distribute the Video after being placed on > written notice that you have absolutely no rights to do > so. Section 504(b) of Title 17 of the United States Code > states: > > [T]he owner of copyright under this [Act] has the > exclusive rights to do and to authorize any of the > following: (1) to reproduce the copyrighted work . . . > (2) to prepare derivative works . . . (3) to distribute > copies . . . (4) to perform the copyrighted work publicly > . . . and (5) to display the copyrighted work publicly. > > (Emphasis added). Any action inconsistent with, or in > anyway violative of, Mr. Salomon's copyrights in the > Video constitute copyright infringement. See also, CMAX > / Cleveland v. UCR, Inc., 804 F. Supp. 337 (M.D. Ga. > 1992). The Copyright Act clearly defines such actions as > unauthorized publications and broadcasts which constitute > infringement, whether or not you are selling the > copyrighted work, merely trading, or supposedly giving > them away. Section 101 of Title 17 of the United States > Code sets forth the legal definitions of terms within the > Act: > > "Publication" is the distribution of copies ... of a > work to the public by sale or other transfer of > ownership, or by rental, lease, or lending . . . or other > distribution. > > Anyone "who violates any of the exclusive rights of the > copyright owner . . . is an infringer of the copyright." > 17 U.S.C. §§ 501(a). > > You and the other infringers will be held liable for any > and all actual damages sustained by my clients as a > result of your unlawful exploitation of the Video, and > you and the other infringers will be legally required and > ordered to disgorge and pay to my clients any and all > gross revenues and profits which you and the other > infringers receive now or in the future in connection > with the copying and distribution of the Video. 17 U.S.C. > §§§§ 504; see also, U.S. Payphone, Inc. v. Executives > Unlimited of Durham, Inc., 781 F. Supp. 412 (M.D.N.C. > 1991) (in addition to damages personally suffered, > profits gained by the infringement were disgorged > ensuring that the infringers did not retain any benefits > flowing from their wrongful conduct). > > If necessary, we will obtain through the litigation > process any and all business records evidencing your > improper conduct, and my clients will spare no expense to > track down every infringer connected to your unlawful > scheme. Section 504(b) of Title 17 of the United States > Code states: > > "The copyright owner is entitled to recover the > actual damages suffered by him or her as a result of the > infringement, and any profits of the infringer that are > attributable to the infringement and are not taken into > account in computing the actual damages. In establishing > the infringer's profits, the copyright owner is required > to present proof only of the infringer's gross revenue, > and the infringer is required to prove his or her > deductible expenses and the elements of profit > attributable to factors other than the copyrighted work." > (Emphasis added). > > You are further required to account to my clients for any > and all gross revenues and profits you may have received > from the offering and/or distribution of any of the > Video. Respect Inc. v. Committee on Status of Women, 821 > F. Supp. 531 (N.D. Ill. 1993). > > Moreover, my clients will, if necessary, obtain an order > restraining you from any further copying or distribution > of the Video. 17 U.S.C. §§ 502. In addition, you have > also exposed yourself to costs and attorneys' fees > incurred by my clients in connection with the legal > actions necessary to enforce and protect his copyrights > and other exclusive rights in the Video. 17 U.S.C. §§ > 505; Chi-Boy Music Club v. Charlie Club, Inc., 930 F.2d > 1224 (7th Cir. 1991) (attorneys' fees awarded against > intentional infringer); In Design v. K-Mart Apparel > Corp., 13 F.3d 559 (2nd Cir. 1992) (attorneys' fees > awarded to the prevailing party as incentive for > copyright owners to use courts to challenge and stop > infringement and to deter infringement). > > Finally, you have unlawfully misappropriated Mr. > Salomon's name and likeness for a commercial purpose, and > in so doing, have damaged his reputation. Your use of > Mr. Salomon's name to exploit the Video inevitably causes > confusion as to the source, sponsorship, affiliation and > endorsement of the products offered by your websites, all > in violation of Section 43(a) of the federal Lanham Act. > 15 U.S.C. § 1125(a) prohibits a person from using in > commerce any term or false designation of origin which > "is likely to cause confusion . . . as to the > affiliation, connection, or association of such person > with another person, or as to the origin, sponsorship, > or approval of his or her goods, services or commercial > activities by another person." > > In an attempt to ameliorate this harm, and hopefully > slow down the unlawful proliferation of the Video on the > Internet and elsewhere, we demand that you immediately > comply with the following: > > (1) e-mail to me a written acknowledgment that you have > ceased and permanently desisted from using, publishing, > distributing, selling, licensing or otherwise exploiting > the Video in any manner, including any other websites > that you are affiliated with; > > (2) inform every identifiable person and entity who > viewed, purchased, copied and/or downloaded a copy of the > Video from one of your websites of the following: > > (a) you never had valid rights to use, distribute, > publish or otherwise exploit the Video, and therefore > they never had valid rights to download or view any > portions of it, and they still do not have any such > rights; > > (b) Rick Salomon's attorneys have represented to you > that Mr. Salomon and his website, www.trustfundgirls.com, > are the exclusive owners of all copyrights and other > rights in the Video, and, as a result, you have removed > the Video from your websites; and > > (c) Those who copied or downloaded the Video must cease > and desist from any further distribution, publishing or > exploitation of the Video in any manner, or face > liability and damages based thereon, including the > imposition of punitive damages for knowingly violating > one's copyrighted material, and subjecting themselves to > criminal prosecution; > > (3) provide to me a detailed accounting of any and all > monies that you and any affiliated websites have received > from the use, publishing, distribution and any other > exploitation of the Video; > > (4) destroy all copies of the Video in any media, > whatsoever, including but not limited to any and all > videotape, film, compact discs, DVD's, computer floppy > discs, electronic mail, and provide to me a written > confirmation of same; and > > (5) provide to me a list of websites that you are > affiliated with, a list of names, e-mail addresses, and > other contact information of those persons and other > entities who copied or downloaded the Video from your > websites and/or have published, distributed or otherwise > exploited the Video. > > Should you fail to fully comply with these reasonable > demands, Mr. Salomon will have no alternative but to > assert his legal rights against you and those acting on > your behalf under both federal and state law and seek > compensatory damages, punitive damages, injunctive > relief, and the recovery of attorneys' fees necessitated > by your unlawful conduct. > > This is a confidential legal notice and may not be > published, in whole or in part. Any republishing or > dissemination of same, including but not limited to the > posting of the contents hereof on the Internet, shall > constitute a copyright infringement and will subject the > re-publisher(s) to civil liability for such actions. > This letter does not constitute a complete or exhaustive > statement of all of my client's rights, claims, > contentions or legal theories regarding this matter. > Nothing stated herein is intended as, nor should it be > deemed to constitute, a waiver or relinquishment of any > of my client's rights or remedies, whether legal or > equitable, all of which are hereby expressly reserved. > > Sincerely, > > / S / > > PAUL S. BERRA > > cc: Mr. Richard Salomon > Martin D. Singer, Esq. > 3536-2\Let\PSB-INFRINGERS 021804 > > > ------------------------------------------------------------------------------------ > PAUL S. BERRA > LAVELY & SINGER PROFESSIONAL CORPORATION > ATTORNEYS AT LAW > 2049 CENTURY PARK EAST, SUITE 24000 > LOS ANGELES, CALIFORNIA 90067-2906 > TELEPHONE: (310) 556-3501 > FACSIMILE: (310) 556-3615 > www.LavelySinger.com > E-MAIL: pberra@lavelysinger.com > --------------------------------------------------------------------------------------------------------------- > > THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE > INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY > CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND > EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW AND MAY NOT > BE PUBLISHED OR DISSEMINATED IN WHOLE OR IN PART. IF THE > READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR > THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE > MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY > NOTIFIED THAT ANY DISCLOSURE, COPYING, DISTRIBUTION OR > THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF > THIS COMMUNICATION IS STRICTLY PROHIBITED. > > IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE > NOTIFY THE LAW OFFICES OF LAVELY & SINGER PROFESSIONAL > CORPORATION IMMEDIATELY BY TELEPHONE (310-556-3501) OR > E-MAIL (REPLY TO SENDER'S ADDRESS), AND THEN DESTROY ALL > COPIES OF THIS COMMUNICATION AND ANY ATTACHED FILES. > THANK YOU.