dmca_counter

From: <thecameroncollector@yahoo.com>
To: Yahoo! Copyright <copyright@yahoo-inc.com>
Subject: Copyright infringement (KMM87738854V97417LOKM)

Bill Cameron, - thecameroncollector@yahoo.com
December 25, 2007
Via E-mail (copyright@yahoo-inc.com)
ATTN: Abuse Department-Yahoo! Inc.

Dear Copyright Agent, Yahoo! Inc.:

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

This letter is written in response to your notification to me of a complaint received about my web page(s). A copy of said complaint is attached hereto. The complaint was made by The Cameron Collector LLC and its agent, Bill Vogeney.

The pages in question are:

My response to this complaint is as follows:

Allegations of Copyright Violation / Digital Millennium Copyright Act

The claims of copyright violation should be rejected because:

1. The material in question is not copyrighted. The complainant has filed its complaint against the above referenced web pages. Said web pages are partial copies of threads located on an open and public internet forum located at www.cameroncollector.com. These threads are made up of posts, or comments, made by no less than 27 different individuals, none of which were The Cameron Collector, L.L.C.

2. All of the posts copies on the above referenced pages were created by the posters prior to October 2007. The complainant, The Cameron Collector, LLC, was formed December 5th 2007 in Colorado (ID Number: 20071552486), long after all of the material listed on the above referenced web pages was originally posted by their true authors. As such, the complainant, The Cameron Collector, L.L.C. was not even in existence when the material it claims as their copyrighted material was originally created.

3. The Cameron Collector, L.L.C., nor its agent Bill Vogeney, does not have any valid claim of copyright on what other individual have posted on an open internet forum and to claim Copyrights on other peoples comments, posts, words, etc. is inappropriate and illegal.

4. Because the comments made by the original participants in www.cameroncollector.com, no less than 27 different individuals, none of which have filed the required Copyright Violation notice, were made in an open and public internet forum, said posts, comments, words, etc. are therefore in the public domain and may be reproduced by anyone. Additionally, each person that made any post, comment, etc. that is reproduced on my web site has been given credit as the author of said post, comment, etc. and the date and time of their post, comment, etc. is also noted.

5. The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported.

6. The complainant does not hold the copyright to the material in question and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights.

7. My use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they are free to take up the matter with me directly, in the courts. You, the ISP, are under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant. Furthermore, siding with the complainant in a manner that interferes with my lawful use of your facilities could constitute breach of contract on your part.

8. The complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has failed to:

a. Identify the specific copyrighted work claimed to be infringed, or, if multiple copyrighted works are covered by a single complaint, provide a representative list of such works. [17 USC 512(c)(3)(A)(ii).

b. Provide sufficient information to identify the complainant, including full name, mailing address, telephone number, and email address. [17 USC 512(c)(3)(A)(iv)].

Rather than simply sending a letter to the service provider that claims that infringing material exists on their system or providing links to each and every page of a web site, these qualifications ensure that service providers and those that published the web site are given a reasonable amount of information to locate the infringing materials and to effectively review the material in question. [512(c)(3)(A)(iii)] & [512(d)(3)].

9. All but the main page of the above referenced Geocities site contained what could be claimed as a trademarked image. This image was the header image for The Cameron Collector. However, this image was created by the previous site owner, not Bill Vogeney or The Cameron Collector, LL.C. and as such nether Bill Vogeney or The Cameron Collector, L.L.C. can claim a copyright or trademark on the image as they did not create the image.

10. Each page referenced above that contained the image discussed in paragraph 9 above has been edited and the image has been removed to avoid any potential problem with the actual creator of said image claiming copyright or trademark infringement.

11. The format of all but the main Geocities pages listed above was designed by Simple Machine Forums (SMF). The software that this format comes from is free for public distribution and is available for anyone to use. This can be verified at their web site: www .simplemachines.org. As such neither Bill Vogeney or The Cameron Collector, L.L.C. can claim a copyright infringement on the format of the above referenced pages.

12. Each of the above referenced pages has been edited and modified to eliminate any and all potential material that could possibly be claimed as a copyright infringement. As such neither Bill Vogeney or The Cameron Collector, L.L.C. can claim a copyright infringement on any of the pages associated with the Geocities site.

13. As to the claim by Bill Vogeney or The Cameron Collector, L.L.C. that there are defamatory statements contained on the pages associated with the Geocities site:

a. the DMCA, 17 U.S.C. � 512 is the inappropriate mechanism for such a claim.

b. there may be defamatory statements contained on the Geocities pages but those statements were made by the individuals listed as the author of those statements and as such they would be the appropriate party to contact about said statements.

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on a deliberate misreading of the law, although there is a slight possibility that it based on mistaken information or misidentification of the material in question. If it is determined that The Cameron Collector, L.L.C. or its agent Bill Vogeney, misrepresented its claim regarding the infringing material, The Cameron Collector, L.L.C. and its agent Bill Vogeney, then becomes liable to the OSP for any damages that resulted from the improper removal of the material. As such 17 U.S.C. 512(f) applies and states:

(f) Misrepresentations. - Any person who knowingly materially misrepresents under this section

(1) that material or activity is infringing,

shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

My contact information is as follows:

Bill Cameron
The 19^th Hole (Vessel Name)
Abraham�s Bay
Mayaguana Island, Bahamas
Monitor VHF Channel 68

Because my address is outside the United States, I hereby consent to the jurisdiction of Federal District Court for any judicial district in which you, the ISP, may be found.

I agree to accept service of process from the complainant.

My actual or electronic signature follows:
/billcameron/
Bill Cameron

Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the complainant of this notice, and to restore the material in dispute (or not take the material down in the first place), unless the complainant files suit against me within 10 days.

Scotty Cameron, scottycameron.com, Club Cameron, Titleist, Cameron Collector, cameroncollector.com, Bill Vogeney, William D Vogeney, Ent Federal Credit Union, Ent, ent.com, Vogeney, Vog, Vogey Golf, vogeygolf.com, Art Of Putters, theartofputters.com, Art of Putting, Table Rock, Table Rock Golf, tablerock.com, Chris Inman, Hayhoe Construction, hayhoeconstruction.com, Bridges at Rancho Santa Fe, thebridgesrsf.com, Nicholas W. Pozaric, Nick Pozaric, Valhalla Golf Club, Ryder Cup, Keith Reese, Greg Moore