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July 8, 2005 | |
Sender Information:
News America Incorporated, a News Corporation Company
Sent by: [Private]
Assistant General Counsel
New York, New York, 10036, USA
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Recipient Information:
[Private]
Blogger [Google, Inc.]
Mountain View, CA, 94043, USA
Sent via: fax
Re: Infringement Notification: www.Page6blog.blogspot.com
To Whom It May Concern:I am an attorney in the legal department of News America Incorporated (subsidiary of News Corporation), which acts as in?house legal counsel for NYP Holdings, Inc., publisher of the New York Post daily newspaper ("Post") and its online edition available located at www.nypost.com ("Post Website"). As you may be aware, since January 1977, the Post has published a daily gossip Column entitled Page Six (the "Page Six Column"), which features celebrity news and gossip. The Page Six Column is an extremely popular, well?known feature of the Post. In addition to appearing in the Post, the Page Six Column is also available online and is accessible through the Post Website. NYP Holdings owns the rights in the Page Six Column, including the copyrights in the articles that appear therein and the famous PAGE SIX trademarks, Attached for your reference is a copy of the Page Six Column, which appeared in the July 7, 2005 edition of the Post. It has recently come to our attention that someone has created a blog, hosted by Google's Blogger, at www.Page6blog.blogspot.com (the "Blog"). Attached for your reference is a print out of the Blog, dated July 7, 2005. As you can see by accessing the archives of the Blog, the Blog reprints the copyrighted articles in the Page Six Column on a daily basis. In fact, the blog purports to be a substitute for the Page Six Column as the upper?right hand caption reads: "PAGE6 WITHOUT HASSLE. NO REGISTRATION NO EMAILS. PLUS WHO REALLY READS THE POST FOR ANYTHING ELSE?" Clearly, this copying and reproduction of NYP Holding's copyrighted material on the Blog is blatant theft and constitutes copyright infringement under U.S. law. See 17 U.S.C. ? 106, Accordingly, we request that Google remove or disable access to the Blog. In addition, we are unfortunately unable to discover the identity of or contact information for the person or entity responsible for the Blog. Accordingly, we would appreciate it if you could send us the contact information from Blogger's records so we can contact them directly. While we are aware of Google's privacy policy, disclosure of this contact information is necessary to protect the intellectual property rights of NYP Holdings. I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing Blog is not authorized by the copyright owner, its agent, or the law. Further, I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the copyright owner of an exclusive right that is infringed. Thank you for your assistance with this matter. I took forward to your response. I can be reached by email at [private]@newscorp.com. Very truly yours, [Signature] [private]
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