169 lines
7.1 KiB
Markdown
169 lines
7.1 KiB
Markdown
To Whom It May Concern,
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I would like to file a DMCA Takedown Notice for text published on a
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website that I believe GitHub is the host for. I have found the
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following information for this website (suego.co) in which the DNS
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Records lead me to believe that GitHub is the host:
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https://who.is/dns/suego.co (also see attached screenshot). Please see
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the official takedown request below.
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This letter is a Notice of Infringement as authorized in § 512(c) of the
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U.S. Copyright Law under the Digital Millennium Copyright Act (DMCA). I
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wish to report an instance of Copyright Infringement. The infringing
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material appears on a website for which you are the designated host.
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1\. I have read and understand GitHub's Guide to Filing a DMCA Notice.
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2\. The copyrighted material, which I contend belongs to me and appears
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illegally on the website for which you provide hosting services, is the
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following:
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Website Text:
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The text on the homepage of my website (section towards the bottom
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of the site underneath the headline Why Choose WayLay Design) is
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infringed by the following text on the homepage of the other
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company's website, "To say that we know you have a choice when it
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comes to hiring a web design company is an understatement. Our
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personal attention to our clients is second to none and has not only
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allowed us to compete in this ever saturated market, but to thrive."
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This text has been on our website since September 24, 2014 as shown
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in archive.org:
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https://web.archive.org/web/20140924010229/http://www.waylaydesign.com
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Website Text:
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The text on the About page of my website is also infringed by the
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following text on the About page of the other company's website,
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"What began as a school project in [date changed] became a business
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in [date changed] and now here we are today, (dare I say) one of the
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best web design companies in [location changed], not only competing,
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but thriving in this saturated [location changed] market.
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We have been successful not just because of our quality work, but
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because of the quality of service we provide and the appreciation we
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receive from our clients. Without happy clients, we would not survive.
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[Business name changed] is a web design company in [location
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changed]. We know you only have about a million choices when it
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comes to hiring a web design [service added], and we work hard to
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differentiate ourselves from the crowd.
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Being a small company, we can offer personal service and attention
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to each of our clients individually, building long lasting
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relationships that extend well beyond the completion of your project.
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A lot of people ask us when we are going to start hiring employees
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or begin outsourcing our work. The answer is, we’re not. Our goal
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here isn’t to be the biggest, our goal is to be the best web design
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team you’ve ever worked with."
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Some of the verbiage above ("Being a small company, we can offer
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personal service and attention to each of our clients individually,
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building long lasting relationships that extend well beyond the
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completion of your project.") has been on my website since February
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21, 2013:
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https://web.archive.org/web/20130221094918/http://www.waylaydesign.com/about/
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The rest of the verbiage infringed has been on my website since
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March 31, 2014:
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https://web.archive.org/web/20150331135143/http://www.waylaydesign.com/about/
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I noticed the infringement because I pay for a service to scan the
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web for copies of my text since I have had several incidents in the
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past where other web design companies have copied text from my site
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verbatim. Here is a link to view the notice I received:
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http://www.copyscape.com/view.php?us=waylaydesign&ch=11e133a&o=27264&u=http%3A%2F%2Fsuego.co%2Fabout-us%2F&t=1442327354&s=https%3A%2F%2Fwww.waylaydesign.com%2Fabout%2F&w=25
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(See attached screenshots)
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3\. The pages infringing the copyrighted work appears at the website
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address: http://suego.co/
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The original file is located here:
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https://github.com/steverodrigz/steverodrigz.github.io/blob/master/index.html
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Line 95:
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```
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<p>To say that we know you have a choice when it comes to hiring a
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web design company is an understatement. Our personal attention to
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our clients is second to none and has not only allowed us to compete
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in this ever saturated market, but to thrive.</p>
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```
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http://suego.co/about-us/
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The original file is located here:
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https://github.com/steverodrigz/steverodrigz.github.io/blob/master/about.md
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Code is here:
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https://github.com/steverodrigz/steverodrigz.github.io/blame/master/about.md
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Lines 18-22:
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```
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<p>What began as a school project in 2009 became a business in 2015
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and now here we are today, (dare I say) one of the best web design
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companies in Washington DC, not only competing, but thriving in this
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saturated Washington DC market.</p>
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<p>We have been successful not just because of our quality work,
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but because of the quality of service we provide and the
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appreciation we receive from our clients. Without happy clients, we
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would not survive.</p>
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<p>Suego is a full service internet marketing and web design company
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in Washington DC that is driven to help you in every facet of the
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website world. We know you only have about a million choices when it
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comes to hiring a web design & internet marketing company, and
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we work hard to differentiate ourselves from the crowd.</p>
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<p>Being a small company, we can offer personal service and
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attention to each of our clients individually, building long lasting
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relationships that extend well beyond the completion of your
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project.</p>
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<p>A lot of people ask us when we are going to start hiring
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employees or begin outsourcing our work. The answer is, we’re not.
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Our goal here isn’t to be the biggest, our goal is to be the best
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web design team you’ve ever worked with.</p>
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```
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Suego.co's domain was created on October 6, 2014
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(http://www.whois.com/whois/suego.co). This means that there is no
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way that the text copied above could have been on his website before
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mine.
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I have also found evidence that the other content on Suego.co'
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website has also been taken verbatim from other websites by just
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doing a search for a variety of full sentences throughout his web
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pages (such as "Our services are broken up into separate sections so
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you can buy services individually rather than having to bundle them
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together like most other marketing firms." - Located on his Services
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page: http://suego.co/services/)
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4\. The affected user will need to remove all content referenced above
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that was copied from waylaydesign.com in order to remedy the infringement.
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5\. My contact information is as follows:
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Name: [private]
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Email: [private]
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Phone: [private]
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Address: [private]
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6\. Contact information for the alleged infringer:
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Name: [private]
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GitHub Account: steverodrigz.github.io /
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https://github.com/steverodrigz/steverodrigz.github.io
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7\. I have a good faith belief that use of the copyrighted materials
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described above on the infringing web pages is not authorized by the
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copyright owner, or its agent, or the law.
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8\. I swear, under penalty of perjury, that the information in this
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notification is accurate and that I am the copyright owner, or am
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authorized to act on behalf of the owner, of an exclusive right that is
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allegedly infringed.
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[private]
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WayLay Design, LLC.
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