Hello Everyone,
Here is our story on Net Enforcers.
- Background on our company (USiFF.COM): We provide an auction service / forum to allow users to trade items globally.
Back to the story:
Our site was shut down for 38 hours in early March 2006. We finally got a hold of our server company to see what was going on, and they told us that "Sony" had issues with two images in two different auctions. We contacted the seller and then removed the two images in question and went on our merry way. At the time, we tried to contact Sony, but never got a hold of anyone.
May rolls around.... and on May 2nd, 2006... we get this email letter from Net Enforcers / (the Law Offices of Terry N. Silverman). For some unknown reason, Net Enforcers send this letter to Network Solutions and not to our Corporate Office.
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Here is a clip of that letter.
Letter dated: February 20, 2006, from the Law Offices of Terry N. Silverman, P.A. (Working on behalf of Net Enforcers)
Re: Unauthorized Use of Sony Trademarks and/or Copyrighted Materials
Sony has retained Net Enforcers to assist with the protection and enforcement of Sony-owed or licensed trademarks, logos, and other copyrighted material (referred to in this letter as "Sony Works").
~ Sony believes that you have infringed upon its intellectual property rights by performing or allowing to be performed some or all the following actions, specifically with respect to moblie/car audio/video/navigation products sold by Sony's Personal Mobile Imaging Division: (1) improperly obtaining a copy of the Sony Works; (2) creating derivative works from Sony Works; (3) illegally reproducing the Sony Works; (4) illegally distributing the Sony Works; and (5) illegally publicly displaying the Sony Works of the following website(s):
http://www.usellit4free.com/cgi-bin/item.pl?item=1239
http://www.usellit4free.com/cgi-bin/item.pl?item=1250
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So, once I read this letter, I went online and found this site, "Ed Foster's Gripe Log" Thank you!
After reading a few different stories, we went ahead and contacted our lawyers and this is what they said, "The lawyer's letter contains no specific information ... just a fill in the blank kind of form letter. Just trying to sounds scary. "
Our lawyers then sent a reply to: Sony & Net Enforcers:
Here is a clip of that letter:
Please advise on what basis you believe that our client’s display of the above-referenced item for sale constitutes copyright infringement. The seller purchased this item originally, and according to the first sale doctrine, has every right to re-sell that item. Our client is simply offering the means by which the seller can offer his property for sale to interested buyers.
We would appreciate a reasoned response to this inquiry based on the specific facts of this situation, not another form cease and desist letter intended to intimidate the recipient into compliance. All further correspondence regarding this matter should be directed to my attention. We await your response.
I will post the response once we get it.
Do Not Let Net Enforcers Ruin Your Day.
Take Care and have a great day!
Rene Holliday
USiFF.COM
[editor's note, by Jeff Foster] Removed Semi-advertisement
