[Message Prev][Message Next][Thread Prev][Thread Next][Message Index][Thread Index]

Response to http://www.yoursecuritysource.com hosting provider



To Whom it May Concern:



This is further to my earlier correspondence.  I have spoken with my
legal council and they have requested the following information:

1.  We would like you to identify the specific copyrighted work within
the ?Tech Help!? software that is the focus of this complaint,

2.  We would like you to provide a copy of the complaint,

3.  We would like the individual who filed the complaint to provide
proof that they are in fact entitled to file such a complaint (i.e. that
they are, or act for, the registered owners of the copyrighted material
identified in sentence 1 and that they are the duly appointed agents in
Canada of the registered owners),

4.  We would like you to provide a copy of the injunction filed against
Mr. Jim Rojas and http://www.tech-man.com and then we would like you to
demonstrate where this injunction applies to
http://www.yoursecuritysource.com or, for that matter, has any legal
standing in a Canadian Civil Court.

I would also respectfully suggest that until you are able to provide
this information, there is in fact no violation of your Terms of Use and
therefore no reason for me to remove the software which is the
intellectual property of Jim Rojas and http://www.tech-man.com.

Respectfully,
Frank Olson



Response from eHosting to the above referenced included a PDF of Mr.
Sableman's letter to them (which is now posted at the
http://www.tech-man.com webiste):

Hi Frank,
        Attached is the information we receive about the "Tech Help
Beta" program, as a result we do recommend you to remove the link and
the software from your site. Otherwise we will need to cancel our
service provided to you and refund the remain service charge to you, due
to a business consideration of this may affect our US clients have site
with us.
        Please understand our consideration as we need to consider other
clients. Please let us know your decision ASAP

Best Regards
Mecca Client Care Team
www.ehosting.ca / www.mecca.ca



Response to http://www.yoursecuritysource.com hosting provider
(eHosting.ca):

I have reviewed the letter from Mr. Sableman.  He does not specifically
identify the copyrighted material that Brinks believes they have
intellectual property rights over.  He refers to my ?acting in concert?
with Mr. Rojas.  This is certainly not the case, and I don?t believe
that such a broad definition (as he has obviously applied) would stand
in any Court of Law in Canada.  If ?acting in concert? constitutes
posting software which has been in existence for more than five years
(that is of help to the security community) and is the undisputed
intellectual property of Jim Rojas at http://www.tech-man.com, then I
would like you to clearly identify that section of Canadian Law which
supports this.  If it is your intention to terminate my hosting account
based on non-specific information and which, further, has no basis in
Canadian Law (or standing in a Canadian Court of Law), then I will seek
the legal remedies open to me.  Clearly, Mr. Sableman?s letter
accomplished what it intended to do, and that was to prejudice my
provider against a customer in good standing and who furthermore has
acted in good faith under your Terms of Service (see my disclaimer at
http://www.yoursecuritysource.com/disclaimer) and our own Canadian
Constitution.  I repeat.  I have NOT (nor do I ever intend to) violate
my Terms of Service and until Mr. Sableman can provide SPECIFICS of his
alleged violation and detail (to my satisfaction) the copyrights he
alleges I have violated, you have absolutely no right to terminate my
account.  Mr. Sableman has NOT contacted the undersigned as of 1328
hours PST October 23, 2007.  If he does, I will clarify the situation
with him and act in accordance with what I have detailed here and in my
disclaimer.  Please govern yourselves accordingly.

Regards,
Frank Olson




alt.security.alarms Main Index | alt.security.alarms Thread Index | alt.security.alarms Home | Archives Home