Here is what I emailed back to Yahoo:
Frankly, I think their steps are BS....
*****************
Dear MR. COLL:
I am a California Resident sending email from a private NIC registered
domain. Our email server offers reverse validation. That makes this a
verifiable and admissible document. Further, you have already
demonstrated source validation capability of my original communication.
As I stated clearly in earlier correspondence, the auction item was
described as containing "fully functional" versions of many copyrighted
software products. I have a "good faith belief" that the seller was
distributing the items in willing violation of US and international laws
regarding intellectual property.
Further, I believe that the item description alone, which contained
promises for "hundreds of serial numbers" to "unlock" more applications,
clearly indicated the suspect nature of the offering.
I have no intention of preparing still another document, signing it, and
transmitting it to you. However, I find it interesting that you are
insisting upon a specific form of notification regarding copyright
infringement. This reporting method is not stated anywhere on your web
site. This means that complaints such as mine must be filed twice
before your company takes action. Since persons filing complaints will
not know about your 'fax' requirement until after they have previously
followed your 'terms-of-service' mechanism.
This virtually insures that complaints cannot be reported and
investigated prior to the completion of auction sales. Given that your
company has a financial interest in completed transactions your motives
in creating delay and undue burden on people reporting intellectual
property violations is highly suspect.
Please provide me with a formal explanation of why you took no steps to
instigate an investigation in response to my complaint, which was filled
exactly in accordance with the instructions posted on your service.
In addition, please explain your reasoning behind delayed investigation
into intellectual property complaints and your placing undue burden upon
people who file such complaints as a standard operating policy. I am
particularly interested in why, given that you have a department devoted
to copyright, you do not post directions regarding the proper filing of
complaints.
Please send your response to:
[Contact Info Redacted]
I would very much like to hear your explanation before resorting to such
steps as filing a complaint with the California Attorney General's
Office, the ISP Foundation, and other organizations dedicated to the
proper enforcement software intellectual property rights.
If I have not received a response within 7 business days, I will assume
that you have elected to ignore a "suitable notification" of "software
piracy" under California law.
Joe Fitzpatrick
Principal Engineer
eTree Inc.
P.S. If you are a representative of outside council for Yahoo, please
be advised that we have legal representation for intellectual property
matters.
[Attorney Contact Info Redacted]
-----Original Message-----
From: Richard Burmeister [mailto:[EMAIL PROTECTED]]
Sent: Thursday, March 02, 2000 7:54 PM
To: Palm Developer Forum
Subject: Re: Another pirate software CD is being sold on eBay
From: "David Haupert" <[EMAIL PROTECTED]>
> A kind registered user has informed me of a pirate software CD
> being sold on eBay: http://auctions.yahoo.com/auction/17613023
If anyone on the PalmDev Forum is concerned about this and wants to
follow
up, here is what Yahoo says you have to do:
(When I checked, there were actually 6 different auctions offering the
"PalmSoft2000" CD: http://auctions.yahoo.com/auction/17613023
http://auctions.yahoo.com/auction/17613057
http://auctions.yahoo.com/auction/17612831
http://auctions.yahoo.com/auction/17612845
http://auctions.yahoo.com/auction/17612936
http://auctions.yahoo.com/auction/17612684 )
----- Original Message -----
From: "Yahoo Copyright" <[EMAIL PROTECTED]>
To: "Richard Burmeister" <[EMAIL PROTECTED]>
Sent: Thursday, March 02, 2000 9:19 PM
Subject: Re: Feedback - Violation of Terms of Service
> Hello Richard,
>
> You have received this response, because you contacted the Copyright
> Agent. Your request may or may not fall within the purview of the
> Digital Millennium Copyright Act. Should you have questions regarding
> items available via Yahoo! Auctions please contact
> [EMAIL PROTECTED] or Yahoo! Classifieds contact
> [EMAIL PROTECTED] If you feel your request does fall within the
> purview of the Digital Millennium Copyright Act then please provide
the
> following information to Yahoo! via facsimile at 408.530.5200:
>
> 1. Identify yourself as the owner (or an agent of the owner) of an
> exclusive right (ie the right to distribute a copyrighted work) that
is
> allegedly infringed;
>
> 2. Identify the copyrighted work by providing a URL(ie
> http://www.yahoo.com) or a printed copy of the copyrighted work;
>
> 3. Identify the allegedly infringing material by providing a URL or a
> printed copy of the allegedly infringing material;
>
> 4. Provide sufficient contact information (ie your email address and
> telephone number);
>
> 5. State that you have a *good faith belief* that the particular use
of
> the allegedly infringing material is not authorized by the copyright
> owner, its agent, or the law;
>
> 6. State that the information provided by you is accurate and, *under
> penalty of perjury,* that you are authorized to act on behalf of the
> owner of an exclusive right that is allegedly infringed.
>
> 7. Sign the facsimile.
>
> Once we have received the requested information, we will take
> appropriate action.
>
>
> Regards,
>
> Anthony P. Coll
> Copyright Agent, Yahoo! Inc.
> [EMAIL PROTECTED]
> ****************************
> c/o Yahoo! Inc.
> 3420 Central Expressway
> Santa Clara, CA 94024
>
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