Author complains of copying in blog -- Chilling Effects Clearinghouse

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Author complains of copying in blog

August 24, 2005

Sender Information:
Stephanie Klein
Sent by: [Private]
[Private]
New York, NY, USA

Recipient Information:
[Private]
Blogger [Google, Inc.]
Mountain View, CA, 94043, USA

Sent via: fax
Re:

To whom it may concern:

It has come to my attention that the site: http://taleoftwosisters.blogspot.com (established this month: August 2005) is using blogspot.com to commit copyright infringement and plagiarism of Stephanie Klein's content and brand.

Stephanie Klein's web site http://stephanieklein.blogs.com (established January 2004) is protected by a Creative Commons license. Obviously, the entire http://taleoftwosisters.blogspot.com site is an infringement, not just isolated posts. Besides outright plagiarism of her writing, this site is in violation of the No Derivative Works clause, as the blogspot site has altered, transformed, and built upon my work.

Stephanie Klein is the author of the book Straight Up & Dirty, published by ReganBooks. She is a freelance photographer, graphic designer, and writer. The author of the blogspot site is illegally appropriating her content and likeness for their personal gain as well as diluting/stealing my work.

Although the entire site is an infringement, some brief points

? Stephanie Klein is a freelance photographer, graphic designer and writer. The author's supposedly are as well.

? Stephanie Klein has already sold her second book to ReganBooks based on her experiences in "fat camp" which the author of your site discusses as if it happened to them using Ms. Klein's words.

? Ms. Klein states her nickname was "moose", the author is "rhino", "elephant", "wooly mammoth?.

? The story the author discusses about their experience with sorority rejection Ms. Klein wrote and posted a while ago. (you can read on Stephanie Klein's site)

? Stephanie Klein's book discusses being a geek and becoming "chic", so to speak. The author states this as their life.

? Her name is stephanle klein, the author's name is stephanie.

? Stephanie Klein's book is "straight up & dirty?. This statement on the author's site is pretty much a direct theft of Ms. Klein's site.

There are many more things directly appropriated from Ms. Klein such as lists(and the things on them), phrases, writing styles(as if stepping outside the conversation) that make this site a blatant theft.

Please remove http://taleoftvvosisters.blogspot.com immediately. If you have any questions, please don't hesitate to contact Stephanie Klein at [private]@gmail.com or phone at [private].

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Thank you in advance,

[private]
[private]

CC: Stephanie Klein

CC: [private]
Loeb & Loeb LLP
[private]
New York, New York 10154

August 24, 2005

[fax]
Attn: User Support, DMCA complaints

To whom it may concern:
Additional proof of infringement by:
www.Taleoftwosisters.com
of:
www.Stephanieklein.blogs.com

http://taleoftwosisters.blogspot.com/2005/08/life-lesson.html
The author uses the post http://stephanieklein.blogs.com/greek_tragedy/2004/05/go_outside.html and builds upon my work without my permission, making the post in violation of the No Derivative Works clause stated on my site. "You may not alter, transform, or build upon this work." That post is the namesake of my blog, and taleoftwosisters is stealing my intellectual property without my permission.

"I'm not going to pretend anything on this blog, actually. That's just not me. I've always been honest, open, to the point of being vulnerable. Straight up. The kind of girl who just puts herself out there without giving a phuck what anyone thinks about it. Coming clean, even about the dirty things."
from http://taleoftwosisters.blogspot.com/2005/08/it-takes-two.html alluding to my book, published by Regan Books, Straight Up & Dirty.

Please let us know what more could be needed to remove this site as this is the 3rd email/fax I have sent with proof.

Sincerely,

[private]
[private]@aol.com

CC: Stephanie Klein

CC: [private]
Loeb & Loeb LLP
[private]
New York, New York 10154

August 24, 2005

[fax]
Attn: User Support, DMCA complaints

To whom it may concern:

Another response from Blogger support asking for more proof of infringement of brand, look, feel, content- taleoftwosisters.blogspot.com presents itself as this-

"Who are we?
This is the true story of twin sisters, living apart and cross-country for the first time in their lives, to find out if they really are still hip...even though they are no longer joined at the hip. "

It attempts to stand on its own using the content from Stephanie Klein but when people recognize it as theft, the writer/owner pleads "parody" but it truly is not.

Why do we need to site every single infringement? It's a violation even if they steal an idea. It's Stephanie Klein?s intellectual property and brand. Even if they build upon her work and alter words here and there... that's still plagiarism. You can't just call a site satire or parody. It cannot hide behind that defense. It does NOT need to be blatently lifted for it to be an infringement, as I've stated many times to blogger support. Taking Stephanie Klein's work, and changing details here and there, without her permission is STEALING!

Also, using google cache you could see(I cannot bring it up) that the owner of the site once posted that this was all taken from Stephanie Klein. Since has taken down this admission.

One infringement-
http://stephanieklein.blogs.com/greek_tragedy/2004/05/go_outside.html
http://64.233.161.104/search?q=cache:KLAkdiOk3cMJ:taleoftwosisters.blogspot.com/2005/08/life-lesson.html+taleoftwosisters,+parody&hl=en

another infringement-
the post "being a lady"
http://taleoftwosisters.blogspot.com/
states-
He's standing in front of his chair, I'm bent over the desk, facing him. He has a lovely view of my cleavage. I'm saying, "I'm a lady, you know. I'm not have sxe with you." When a lady says this, she means vaginal intercourse. Everything else is permissible; he knows this, and opens his desk drawer, pulling out a bottle of Astroglide. Ewww. Somehow, Astroglide just signals all the wrong things. He shook it and watched, frustrated, as a smattering of drops landed on his desk. "Damn, I'm out."

I left the room and returned with my spare yogurt, the French Vanilla I always kept a spare in my cubicle.

CENSORED: THIS PART OF MY STORY IS TOO DIRTY TO PUBLISH. IT'S AKIN TO A DELETED SCENE, ONE THAT WAS TOO DIRTY FOR THE "GIRLS GONE WILD: ANAL EDITION" DVD.

Afterwards we lay naked and sprawled out on his antique chaise lounge. We talked about everything, and this part I recall clearly, the details lodged in my memory forever like bits of lico rice in teeth. Before I knew it, it was early morning and the sunlight was making kaleidoscope patterns across our bodies and the mess on the floor. "Wow", I say, gingerly walking across the floor. Our clothes are everywhere, like dirty dishes, and then I see the empty container of creamy white French Vanilla yogurt.

"Yeah, it's a great view, isn't it?" He's looking out the corner window. I stood naked, dazed and confused. At least it wasn't Wildberry; that stuff is impossible to get out of carpet.

Stephanie Klein's post states-
http://stephanieklein.blogs.com/greek_tragedy/2004/02/in_a_cab_headed.html
"Damn it. I'm out of Astroglide, too." Here's a tip, men. Try to leave "Astroglide" out of your speech with any women you have any interest in fcuking or seeing again. Nix it from your vocab. "Astroglide" translates to "Sketchy Perv." Defeated, he leaves the room again. He returns with Pam Cooking Spray. Red cap, aerosol spray; you know the one. You use it to cook eggs, fry up some onions, render some bacon. You don?t spray it on your dick.

I HAD TO CENSOR THIS PART OF THE STORY; IT'S TOO DIRTY TO PUBLISH. IT'S AKIN TO AN NC-17 DELETED SCENES DVD.

When we were finally tired out, we laid on his bed, beside one another naked, no sheets. We talked about his family, his sister, his mother. I suddenly have super-memory. I remember details about his life, the way a fascinated second grader knows things about ornithischian dinosaurs. Soon, the sun was coming through his bedroom windows; thin lines of it fanned the wooden floors. It's 6am, and I have to go home. We're awake; I walk into his living room. "Wow." I exclaim. I am looking at the floor, our clothes strewn about, abandoned like the clothes of lovers, and then I see the empty bottle of "massage" oil. 'COLAVITA EXTRA VIRGIN OLIVE OIL.'

He answers, "Yeah, it's a great view isn't it?" Wide-open windows surround me. I stood naked in bewilderment. At least it wasn't Astroglide.

Please let us know what more could be needed to remove this site.

Sincerely,

[private]
[private]@aol.com

CC: Stephanie Klein

CC: [private]
Loeb & Loeb LLP
[private]
New York, New York 10154

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FAQ: Questions and Answers

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Question: Why does a web host or blogging service provider get DMCA takedown notices?
Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)m a safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users." This safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by materials its users post, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.
Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]
Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].

Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?
Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.
Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

Question: Does a service provider have to follow the safe harbor procedures?
Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

Question: How do I file a DMCA counter-notice?
Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.

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