Hey Sarge...

a couple of months ago I got this email
so I know how you feel
the image I used was not from the photograper's [sic] page
I couldn't begin to tell you where I got the image
other than removing the offending post, this is the first time I have acknowledged the email
my first thought when I got it ...the email ...was, "#&@<  'em!"

With a few edits, this it what it said

Copyright Infringement of “The Mad Snowball” Photograph

a real lawyer <real lawyer@someurl.com>	Mar 25

Dear Sir or Madam:

We represent David Robert Curtis, the owner of the photograph “The Mad Snowball.”  Mr. Curtis owns the intellectual property rights to “The Mad Snowball,” including reproduction rights.  The photograph is also registered with the U.S. Copyright Office.

We have learned that infringing copies of “The Mad Snowball” photograph are being displayed on the website http://wellohyeah.blogspot.com (the “Website”) without authorization.  The Website’s unauthorized use of the infringing content constitutes copyright infringement and violates Mr. Curtis’s rights under United States federal law.  E.g., 17 U.S.C. § 106.  The infringing content, which consists of a reproduction of “The Mad Snowball,” is located at http://wellohyeah.blogspot.com/2011_03_01_archive.html.  The original copyrighted image can be seen at http://www.theearlybirder.com/ .

The only versions of the “The Mad Snowball” published online by Mr. Curtis contain copyright notices in the form of plain text in the bottom part of the image and/or a watermark in the main part of the image.  The infringing image as it appears on the Website lacks either of these copyright notices and therefore may also represent a violation of 17 U.S.C. § 1202(b).

We hereby demand that you refrain from distributing or offering to distribute copies of “The Mad Snowball,” including in the form currently on display at the Website, to any one by any means.

If you have any questions, please contact me by phone or via electronic mail.  My contact information is below.  Thank you for your anticipated cooperation. 

Nothing contained in this letter is intended as or should be construed to be a waiver or relinquishment of any right or remedy held by our client, all of which are hereby expressly reserved.

Reza Dokhanchy

Kirkland & Ellis LLP | 555 California St., San Francisco, CA 94104

[phone number here] Direct  [email here]

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