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

[Jim Rojas <jrojas+tech-man.com>]

That's goes ditto for me pal... :)

Jim Rojas


Frank Olson wrote:
> 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
>
>