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

["Crash Gordon" <webmaster@xxxxxxxxxxxxxxxxxxxxx>]

right arm bro!



--
Crash Gordon
-------ouch------

<I feel like I'm diagonally parked in a parallel universe>
"Frank Olson" <use_the_email_links@xxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:8ZxTi.133407$Da.13690@xxxxxxxxxxxx
| 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
|
|