without prejudice - Copyright

Transcription

without prejudice - Copyright
An Authors' Trust Initiative.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Tel: + (61) 8737 3680
Fax: +(61) 8125 6766
Email: [email protected]
www.copyright-archive.com
Feb 21, 2014
WITHOUT PREJUDICE
Legal Department
Achiever's Infotech Mathura
[email protected]
0907478252725
Dear Sirs,
RE: UNAUTHORIZED USE OF COPYRIGHT MATERIAL
(REF:WWW.EXA.COM.AU_FOLIO_SEO.HTML -V- ACHIEVERSINFOTECH.BLOGSPOT.COM_)
We represent the owner of copyright in WWW.EXA.COM.AU (the Work),
Exa Pty Ltd. It has come to our attention that you are using copyrighted
material from www.exa.com.au on achievers-infotech.blogspot.com
without a valid license.
The copyright owner has a number of exclusive rights under international
copyright law in the U.S. and all countries that have ratified the Berne
Convention. These exclusive rights include the right to reproduce the
Works, and to publish and communicate the Works to the public
(including by way of sale, broadcast or putting the Works online). It is an
infringement of copyright to do any of the acts comprised in the copyright
in relation to the whole or a substantial part of the Works, or to authorise
such an act, without the permission or licence of the copyright owner.
We have attached evidence of infinging copyright material found on your
web page. You have fourteen (14) days to respond in one of the following
ways:
1) Cease and desist using this material and pay the demand amount in
full and final settlement of the matter;
OR
2) Ignore this demand, in which case we will a) Have your site removed from your web host;
b) Have links to your domain removed from the indexes of Google,
Bing and Yahoo and
c) Sue you for copyright infringement under United States law.
We expect to incur significant new legal costs while enforcing our client's
rights under the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3)
and 512(d)(3) (D.M.C.A.)) if this matter is not settled quickly. You can
expect the settlement amount to double or triple in that case.
More information about this process, your rights and the underlying law
is available at http://www.copyright-archive.com/page_22.html.
You are now on notice as to copyright in respect of the Work. If we do not
receive an adequate response by Mar 7, 2014, we will immediately and
without further warning take such action as necessary in order to protect
our client's rights including, without limitation, legal action for injunctive
relief or to recover damages and legal costs without further notice to you.
"Pull down" notices under the D.M.C.A. will be sent to Google, your web
host, Microsoft and Yahoo on this day (copies of these are available, along
with the full brief of evidence against you, at
http://copyright-archive.com/briefs/. We reserve all of the owner's other
rights.
The evidence of your infringement from Google.com and the Wayback
Machine (Archive.org) has been recorded on our files and attempting to
remove or otherwise destroy evidence to avoid prosecution will provide
further evidence against you.
The Authors' Trust is committed to investigating copyright infringement
to protect the interests of the author's we represent. If you join, we may
be able to identify instances where your site has also been copied by
others, and we could recover damages for you to offset or exceed what
you owe. See the postscript below for more information on joining the
The Author's Trust.
I am happy to discuss this matter but be aware of any time zone
differences (I am located in the UTC+09:30 time zone). It would be
appreciated if you were able to send an email to make an appointment for
a voice call, quoting your reference: www.exa.com.au_folio_seo.html v- achievers-infotech.blogspot.com_Case 107.
Faithfully
S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal
Practice and Ethics)
as trustee for The Authors' Trust
PS: I am happy to discuss repayment through programming or
design time if you have the relevant skills. You also may be able to
pay this settlement by signing up with the The Author's Trust. Call
me or email me to discuss on +61 438 005 051 ([email protected]).
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
Settlement Demand - Remittance Details
An Authors' Trust Initiative.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Tel: + (61) 8737 3680
Fax: +(61) 8125 6766
Email: [email protected]
www.copyright-archive.com
Reference: www.exa.com.au_folio_seo.html -v- achievers-infotech.blogspot.com_
Case Number: 107
Settlement Demand Date: Feb 21, 2014
Penalty Amount: $749 USD
Fee Amount: $589 USD
Total Amount: $1,338 USD
Payment Terms
The Authors' Trust is the authorised collection and copyright agent for Exa Pty Ltd and
you must pay the full amount to us to effect settlement.
Payment Options
a) 17
payments
of $100
b) 8
(20%
payments
p/a)
of $200
c) 3
(14%
payments
p/a)
of $500
d) 1
(8% payment
p/a) of
$1,338
(0%
p/a)
The payment of an instalment converts the settlement offer to a debt due with the interest
shown. Failure to pay any instalment will automatically incur additional interest.
Payment Methods
1) Bank Transfer:
The Authors' Trust
Name of Bank: BankSA BSB: 105070 Account:
25386940
Swift Code: SGBLAU2S
Reference
No: www.exa.com.au_folio_seo.html -vachievers-infotech.blogspot.com_Case 107
2) Send cheques made out to:
The Authors' Trust
PO Box 105
Coonawarra SA 5263 AUSTRALIA
3) Credit Card
Name on card:___________________________________________________________ Expiry:_______/_______
Card Number:
CVV:_________________ Signature:_____________________________________________________________
Please advise proof of payment by email to [email protected]
Brief of Evidence
Full copy available at
http://www.copyright-archive.com/briefs/www.exa.com.au_folio_seo.html
-v- achievers-infotech.blogspot.com_Case 107.pdf
Copyright-Archive Report
Completed comparing:
http://www.exa.com.au/folio/seo.html(116.240.194.24)
versus
http://achievers-infotech.blogspot.com/(2404:6800:4004:802::100b
)
on Feb 16, 2014 using "and scripting to gain higher rankings and better positioning in search
results" as a seed Statistically Impropable Phrase (SIP) initially and then comparing the entire text
on both URL's.
Details:
1) Levenshtein fuzzy match at 97.44% similarity for
http://web.archive.org/web/20110505000000/http://achievers-infotech.blogspot.com/
2) We found a match on the wayback machine at the first or second attempt for
http://web.archive.org/web/20110505000000/http://achievers-infotech.blogspot.com/, dated Sep 22,
2013
3) http://achievers-infotech.blogspot.com/: While we have evidence of publication of
http://achievers-infotech.blogspot.com/ from both Google and the Wayback Machine, the evidence
from Google is irrefutable and puts the works priority date at May 6, 2011
4) http://www.exa.com.au/folio/seo.html has an earlier Priority Date: Oct 21, 2008 than
http://achievers-infotech.blogspot.com/ : May 6, 2011. It will be necessary for the owner of
http://achievers-infotech.blogspot.com/ to prove they created and published the text in question from
http://www.exa.com.au/folio/seo.html earlier than Oct 21, 2008, requiring without 3rd party
witnesses as to the precise content being available earlier as well as an independently certified
contemporaneous web server access log showing unbroken crawler rejection of Google and Wayback
between Oct 21, 2008 and May 6, 2011 (927 days) via a robots.txt file prohibiting
crawling,residing on http://achievers-infotech.blogspot.com/ Otherwise, this infringement has
been ongoing for 1944 days so far and as at Feb 16, 2014.
5) The level of character similarity between these text snippets is 539. This means out of 920
characters, 539 where the same, giving a percentage of 58.59%.
6) The level of character similarity between these two pages is 21%. This means out of 7693
characters on the smallest page, 1641 were the same, giving a percentage of 21.33%, bearing in
mind that the largest page (http://www.exa.com.au/folio/seo.html) contained 33090 more
characters than ours, and generated a percentage of 4.02% in that context.
7) The frequency of identical words occuring between the two snippets is 66%. This means out of
127 words in the smallest snippet, 84 where the same, giving a percentage of 66.14%, bearing in
mind that http://www.exa.com.au/folio/seo.html contained 7 more words.
8) The frequency of identical words occuring between the two pages is 112. In relation to
http://achievers-infotech.blogspot.com/'s 'unique word count' of 318, this is 35.22%. In relation
to http://www.exa.com.au/folio/seo.html's 'unique word count' of 1278, this is 8.76%.
http://achievers-infotech.blogspot.com/ contains 960 less words. Using
http://achievers-infotech.blogspot.com/ with 318 unique words, the actual identical word
frequency is 112 and the identical word frequency ratio is 35.22%.
9) The frequency of different words occuring between the two pages is 1166. In relation to
http://achievers-infotech.blogspot.com/'s 'unique word count' of 318, this is 366.67%. In
relation to http://www.exa.com.au/folio/seo.html's 'unique word count' of 1278, this is 91.24%.
http://achievers-infotech.blogspot.com/ contains 960 less words. Using
http://www.exa.com.au/folio/seo.html with 1278 unique words, the actual identical word
frequency is 112 and the different word frequency ratio is 91.24%.
10) The frequency of identical sentences (SLIPs - statistical less improbable phrases - 4
words) occuring between the two pages is 24. In relation to
http://achievers-infotech.blogspot.com/'s 'short sentence count' of 1644, this is 7%. In relation
to http://www.exa.com.au/folio/seo.html's 'short sentence count' of 751, this is 15%.
http://www.exa.com.au/folio/seo.html contains 893 less sentences. Using
http://www.exa.com.au/folio/seo.html with 751 non-unique short sentences (NOSLIPs Non_Unique Statistically Less Improbable Phrases), the actual identical sentence frequency is 24
and the identical sentence frequency ratio is 15%
11) The actual frequency of materially similar (if not identical) [Levenshtein < 30 characters]
sentences occuring between the two pages is 18 (comparing
http://www.exa.com.au/folio/seo.html with http://achievers-infotech.blogspot.com/), and 14
(comparing http://achievers-infotech.blogspot.com/ with
http://www.exa.com.au/folio/seo.html).
12) In relation to http://www.exa.com.au/folio/seo.html's NOSLIPs of 751, 18 amounts to 2.40%.
13) In relation to http://achievers-infotech.blogspot.com/'s NOSLIPs of 1644, 14 amounts to
0.85%.
14) http://www.exa.com.au/folio/seo.html contains 893 less sentences than
http://achievers-infotech.blogspot.com/. Using http://www.exa.com.au/folio/seo.html with
751 NOSLIPs, the actual materially similar sentence frequency ratio is 18 and the identical sentence
frequency ratio is 2.40%. When the order of the pages is reversed, using
http://achievers-infotech.blogspot.com/ with 1644 NOSLIPs, the actual materially similar
sentence frequency ratio is 14 and the identical sentence frequency ratio is 0.85%.
15) It is more accurate to refer to the higher percentage as otherwise legitimate copies are ignored.
Therefore, the materially similar sentences ratio is 2.40%.
16) SUBSTANTIALITY: As merely indicative, we have added a small weighting of 0.025 per percent
for scores of over 30% for snippet similarity. While the snippet is a subset of the whole page score, a
high score here signifies the degree of copying intensity at one point in the document, making it
easier to demonstrate an infringement. Greater than 59% of the characters in the snippet are
identical and therefore the cost is 1.46 , making the total substantiality weighting 1.46.
17) SUBSTANTIALITY: We have added a moderate weighting of 0.05 per percent for scores over
25.00% for identical words in the snippet. Even though the snippet is a subset of the whole page
score, a high score here means that there is more intence of copying in one location of
http://achievers-infotech.blogspot.com/. As greater than 66.14% of the words in the snippet are
identical the weighting is 3.31 and the total weighting is 4.77.
18) SUBSTANTIALITY: It is highly improbable that a page with more than 10% of identical words
does not contain copying. Therefore, this factor carries 1.1 of a percent weighting. We are confident
this page contains a substantial degree of copying because greater than 1.1% of the words on
http://achievers-infotech.blogspot.com/ are identical with
http://www.exa.com.au/folio/seo.html - in fact 35.22% match. The additional weighting is 38.74
and the total substantiality weighting so far is 43.51.
19) SUBSTANTIALITY: It is highly improbable that a page with more than 50 identical words does
not contain copying. Therefore, this factor carries 0.02 of a percent weighting. We are confident this
page contains a substantial degree of copying because 112 words on
http://achievers-infotech.blogspot.com/ are identical with
http://www.exa.com.au/folio/seo.html. The additional weighting is 2.24 and the total
substantiality weighting so far is 45.75.
20) SUBSTANTIALITY: It is unlikely that a page with more than 5% identical sentences does not
contain copying - in fact, that is the definition of copying. Therefore, this factor carries a 6 percent
weighting. We are confident this page contains a substantial degree of copying because 15%
sentences on http://achievers-infotech.blogspot.com/ are identical with
http://www.exa.com.au/folio/seo.html. The additional weighting is 90.00 and the total
substantiality weighting so far is 135.75.
21) SUBSTANTIALITY: It is highly improbable that a page with more than 4 actual identical
sentences does not contain copying. This factor carries 10 of a percent weighting. We are confident
this page contains a substantial degree of copying because 24 sentences on
http://achievers-infotech.blogspot.com/ are identical with
http://www.exa.com.au/folio/seo.html. The additional weighting is 240.00 and the total
substantiality weighting so far is 375.75.
22) SUBSTANTIALITY: We are confident that this page contains a substantial degree of copying
because more than 4 phrases on the page are materially similar if not identical to those on yours. In
fact, there are 18 materially similar sentences on http://www.exa.com.au/folio/seo.html matching
http://achievers-infotech.blogspot.com/. This factor carries a 6 percent weighting. The additional
weighting is therefore 108.00 and the total substantiality weighting so far is 483.75.
23) FINAL SUBSTANTIALITY: For these reasons, the total extent of copying from
http://www.exa.com.au/folio/seo.html by http://achievers-infotech.blogspot.com/ has been
assessed at 483.75, where 100 amounts to an infringement that is legally actionable in terms of
whether there is a sufficient degree of copying (whether the copying is substantial).
Historical 3rd Party Evidence
Screenshot recorded as of Sep 12, 2009
Screenshot recorded as of Sep 22, 2013
Work priority date Oct 21, 2008
Work priority date May 6, 2011
http://web.archive.org/web/20090912123131/http://www.exa.com.au/folio/seo.html/
http://web.archive.org/web/20110505000000/http://achievers-infotech.blogspot.com/
Historical Snippets (text surrounding matched sentences as of priority
dates)
Context on their site as at May 6, 2011:
... Pradesh, India Website Development, Web Hosting
and software development,Seo, Effective Search Engine
Optimization is the key to successful online marketing.
Search Engine Optimization is the process web
developers use for the purpose of improving a website\'s
visibility in search engines. Most often referred to as
SEO, Search Engine Optimization employs various
techniques, including programming and scripting, to
gain higher rankings and better positioning in
search results. Contact me to for your website and seo
work online nowor call 09045141161 . View my complete
profile. Blog Archive. . 2011 (2). . May (2). Monetization Blogger Help Achiever\'s Infotech. Followers. Follow by
Email. Labels. 1 (1). Slideshow. Loading Fish. Simple
template. Template images by molotovcoketail. Powered
by Blogger.. 0.. Website Designing & Development
Website Designing and Soft...
Context on your site as at Oct 21, 2008:
...bjectives and generate high return on investment..
Search Engine Optimisation. Effective Search Engine
Optimisation is the key to successful online marketing.
Search Engine Optimisation is the process web
developers use for the purpose of improving a website\'s
visibility in search engines. Most often referred to as
SEO, Search Engine Optimisation employs various
techniques, including programming and scripting, to
gain higher rankings and better positioning in
search results.. SEO is a critical success factor in
online marketing. This is because search engines
measure the importance of websites in relation to their
relevance to given keywords. Essentially when a search
engine user enters a particular keyword or keyword
phrase into the search engine\'s browser, a list of results
are generated in the order the search engine sees most
fitting. It is the objective of th...
Contemporary Screen Layout Comparison
Recorded on Feb 16, 2014
http://achievers-infotech.blogspot.com/(2404:6800:4004:802::100b)
Recorded on Feb 16, 2014
http://www.exa.com.au/folio/seo.html(116.240.194.24)
Contemporary Snippets (text surrounding matched sentence)
Context on their site as at Feb 16, 2014:
... Pradesh, India Website Development, Web
Hosting and software development,Seo,
Effective Search Engine Optimization is the
key to successful online marketing. Search
Engine Optimization is the process web
developers use for the purpose of improving
a website\'s visibility in search engines. Most
often referred to as SEO, Search Engine
Optimization employs various techniques,
including programming and scripting, to
gain higher rankings and better
positioning in search results. Contact me
to for your website and seo work online
nowor call 09045141161 . View my complete
profile. Blog Archive. . 2011 (2). . May (2).
Monetization - Blogger Help Achiever\'s
Infotech. Followers. Follow by Email. Labels.
1 (1). Loading Fish. Simple template.
Template images by molotovcoketail.
Powered by Blogger..Website Designing &
Development Website Designing and
Software Company.. A...
Context on your site as at Feb 16, 2014:
...bjectives and generate high return on
investment.. Search Engine Optimisation.
Effective Search Engine Optimisation is the
key to successful online marketing. Search
Engine Optimisation is the process web
developers use for the purpose of improving
a website\'s visibility in search engines. Most
often referred to as SEO, Search Engine
Optimisation employs various techniques,
including programming and scripting, to
gain higher rankings and better
positioning in search results.. SEO is a
critical success factor in online marketing.
This is because search engines measure the
importance of websites in relation to their
relevance to given keywords. Essentially
when a search engine user enters a
particular keyword or keyword phrase into
the search engine\'s browser, a list of results
are generated in the order the search engine
sees most fitting. It is the objective of th...
Full text from both sites
Full text from their site:
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the process web; web developers use for; for the purpose of; visibility; visibility in search
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It was imperative that the internet user had the exact URL Search engines revolutionised the
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introduction of Search Engine Optimisation meant that businesses could extract maximum value
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exposure Today, with millions of consumers purchasing goods online, the internet has become
a global marketplace In the case of businesses that trade over the internet, their website
becomes their shop-front To be competitive a set of objectives must be met These include good
design that ¦creates a professional image, functionality and ease of navigation, well written
content and Search Engine Optimisation SEO gives companies an advantage as it means that
potential customers find them more easily Being high in search results can improve the
chances of winning potential business over a competitor SEO can also help to position a
company as an industry leader, particularly if their website is found at the top of search results
for the industry\\\'s most competitive keyword searches New markets can be accessed via
Search Engine Optimisation, as consumers looking for specific goods and services find
information relevant to their enquiry without specific information such as a company name or
location While the purpose of SEO is to ensure that a website can be found in search engines for
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in positions one, two and three on page one of the search results The likelihood of the website
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underperforming in major search engines such as Google, Yahoo and MSN for the keywords
most relevant to the business\\\'s core ¦offerings, it is necessary to seek the professional advice
and services of an SEO expert Effective Search Engine Optimisation goes beyond the basic,
traditional treatment to meta-tags Today, search engines use more sophisticated programs to
measure a website\\\'s relevance SEO is a highly technical process Only dedicated, experienced
SEO professionals, that demonstrate proven results in past performance, should be trusted with
your company\\\'s Search Engine Optimisation For a consultation with an Exa SEO consultant,
Contact Us Testimonials Read comments & feedback from our clients SEO Results See the
difference WebMagnet makes to your SEO Folio View our ¦impressive folio of over 1000 clients
Contact Us Experts will assist with your enquiry Call 1800 096 969 GET OUR DIGITAL
NUGGETS Gain access to news, insights and strategies Thank you! You have been ¦subscribed
to the newsletter LOOKING FOR SOMETHING? Search our site CONNECT WITH EXA Home
Internet Marketing Search Engine Optimisation SEO Company Testimonials Portfolio Contact
Us Articles March 2013 Target Android Apple Make Most Of Linkedin Google Images Quality
Sales Leads November 2012 Mobility Tools Tips What Did Google Do To My Rankings Social
Media Cookbook Australian Online Consumer Google Search August 2012 Top 10 Olympic
Infographics Mobile Website or Mobile App Strategic Sales How Do I Engage With Social
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[14]
effective SEO it is highly unlikely that a website will be rated by
...finding relevant websites
[15]
internet users were required to know the exact website address to
[16]
...Search engines * the internet making it a more effective information resource and a
...The
introduction of Search Engine Optimisation meant that businesses could extract maximum value
[17]
from
...this new marketing medium as SEO ensured that the website would receive maximum
[18]
exposure
...Today with millions of consumers purchasing goods online the internet has
[19]
become a global
...In the case of businesses that trade over the internet their website
[20]
becomes their
...SEO gives companies an advantage as it means that potential customers
[21]
find them more
...Being high in search results can improve the chances of winning potential
[22]
business over
[23]
...SEO can also help to position a company as an industry leader particularly if
...New
markets can be accessed via Search Engine Optimisation as consumers looking for
[24]
specific
...goods and services find information relevant to their enquiry without specific
[25]
information such as
...in search engines for specific keywords and keyword phrases the
[26]
position it attains is
...Studies have proven that search engine users most trust the highest
[27]
ranking websites particularly
...If a website is * in major search engines such as Google
[28]
Yahoo and
...Only dedicated experienced SEO professionals that demonstrate proven results
[29]
in past performance should be
...Top 10 reasons you should NOT use an AD AGENCY for
[30]
Web
Footnotes - details of Google scans of our page
Footnote/Sentence no.1 on http://www.exa.com.au/folio/seo.html: "For almost a decade,
[Proprietary or misspelled word] has been delivering outstanding SEO results to its clients" was
crawled by Google on Oct 21, 2008, proving it had been published to the world by that date.
Test this for yourself with this link (go to the bottom of the last page of links to find the earliest
dated record):
http://www.google.com/search?q=%22For%20almost%20a%20decade,%20*%20has%20been%2
0delivering%20outstanding%20SEO%20results%20to%20its%20clients%22&tbs=qdr:y9,sbd:1&
start=0&safe=off Google Snippet: For almost a decade, Exa has been delivering outstanding
SEO results to its clients. A website that has been designed and developed by Exa is carefully ...
Footnote/Sentence no.2 on http://www.exa.com.au/folio/seo.html: "A website that has been
designed and developed by [Proprietary or misspelled word] is carefully optimised using" was
crawled by Google on Oct 21, 2008, proving it had been published to the world by that date.
Test this for yourself with this link (go to the bottom of the last page of links to find the earliest
dated record):
http://www.google.com/search?q=%22A%20website%20that%20has%20been%20designed%20a
nd%20developed%20by%20*%20is%20carefully%20optimised%20using%22&tbs=qdr:y9,sbd:1
&start=0&safe=off Google Snippet: A website that has been designed and developed by Exa is
carefully optimised using the industry's most rigorous Search Engine Optimisation process.
Footnote/Sentence no.3 on http://www.exa.com.au/folio/seo.html: "that it will rank highly in
search engines outperform its competitors and generate high" was crawled by Google on Oct
21, 2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22that%20it%20will%20rank%20highly%20in%20search%2
0engines%20outperform%20its%20competitors%20and%20generate%20high%22&tbs=qdr:y9,s
bd:1&start=0&safe=off Google Snippet: ... SEO treatment that it will rank highly in search
engines, outperform its competitors and generate high return on investment. Exa employs the
most experienced ...
Footnote/Sentence no.4 on http://www.exa.com.au/folio/seo.html: "[Proprietary or misspelled
word] employs the most experienced SEO professionals and the most advanced technology" was
crawled by Google on Oct 21, 2008, proving it had been published to the world by that date.
Test this for yourself with this link (go to the bottom of the last page of links to find the earliest
dated record):
http://www.google.com/search?q=%22*%20employs%20the%20most%20experienced%20SEO%
20professionals%20and%20the%20most%20advanced%20technology%22&tbs=qdr:y9,sbd:1&st
art=0&safe=off Google Snippet: ... outperform its competitors and generate high return on
investment. Exa employs the most experienced SEO professionals and the most advanced
technology.
Footnote/Sentence no.5 on http://www.exa.com.au/folio/seo.html: "For SEO Results relating to
specific businesses or industries or to discuss the results" was crawled by Google on Oct 21,
2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22For%20SEO%20Results%20relating%20to%20specific%2
0businesses%20or%20industries%20or%20to%20discuss%20the%20results%22&tbs=qdr:y9,sb
d:1&start=0&safe=off Google Snippet: For SEO Results relating to specific businesses or
industries, or to discuss the results Exa can achieve for your business, Contact Us. View SEO
Results by ...
Footnote/Sentence no.6 on http://www.exa.com.au/folio/seo.html: "Websites that are optimised
by [Proprietary or misspelled word] via our state-of-the-art SEO technology consistently
outperform their" was crawled by Google on Oct 21, 2008, proving it had been published to the
world by that date. Test this for yourself with this link (go to the bottom of the last page of links
to find the earliest dated record):
http://www.google.com/search?q=%22Websites%20that%20are%20optimised%20by%20*%20vi
a%20our%20state-of-teart%20SEO%20technology%20consistently%20outperform%20their%22&tbs=qdr:y9,sbd:1&sta
rt=0&safe=off Google Snippet: Websites that are optimised by Exa, via our state-of-the-art
SEO technology, consistently outperform their competitors' sites, fulfil their online marketing ...
Footnote/Sentence no.7 on http://www.exa.com.au/folio/seo.html: "competitors ' sites fulfil their
online marketing objectives and generate high return on investment" was crawled by Google on
Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with
this link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22competitors%20'%20sites%20fulfil%20their%20online%2
0marketing%20objectives%20and%20generate%20high%20return%20on%20investment%22&t
bs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: ... state-of-the-art SEO technology,
consistently outperform their competitors' sites, fulfil their online marketing objectives and
generate high return on investment.
Footnote/Sentence no.8 on http://www.exa.com.au/folio/seo.html: "Search Engine Optimisation
is the process web developers use for the purpose of improving" was crawled by Google on Oct
21, 2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22Search%20Engine%20Optimisation%20is%20the%20proc
ess%20web%20developers%20use%20for%20the%20purpose%20of%20improving%22&tbs=qd
r:y9,sbd:1&start=0&safe=off Google Snippet: Search Engine Optimisation is the process web
developers use for the purpose of improving a website's visibility in search engines. Most often
referred to as ...
Footnote/Sentence no.9 on http://www.exa.com.au/folio/seo.html: "Most often referred to as
SEO Search Engine Optimisation employs various techniques including programming" was
crawled by Google on Oct 21, 2008, proving it had been published to the world by that date.
Test this for yourself with this link (go to the bottom of the last page of links to find the earliest
dated record):
http://www.google.com/search?q=%22Most%20often%20referred%20to%20as%20SEO%20Sear
ch%20Engine%20Optimisation%20employs%20various%20techniques%20including%20progra
mming%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: Most often referred to as
SEO, Search Engine Optimisation employs various techniques, including programming and
scripting, to gain higher rankings and better ...
Footnote/Sentence no.10 on http://www.exa.com.au/folio/seo.html: "and scripting to gain higher
rankings and better positioning in search results" was crawled by Google on Oct 21, 2008,
proving it had been published to the world by that date. Test this for yourself with this link (go
to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22and%20scripting%20to%20gain%20higher%20rankings%
20and%20better%20positioning%20in%20search%20results%22&tbs=qdr:y9,sbd:1&start=0&s
afe=off Google Snippet: ... Search Engine Optimisation employs various techniques, including
programming and scripting, to gain higher rankings and better positioning in search results ...
Footnote/Sentence no.11 on http://www.exa.com.au/folio/seo.html: "This is because search
engines measure the importance of websites in relation to their" was crawled by Google on Oct
21, 2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22This%20is%20because%20search%20engines%20measur
e%20the%20importance%20of%20websites%20in%20relation%20to%20their%22&tbs=qdr:y9,s
bd:1&start=0&safe=off Google Snippet: This is because search engines measure the
importance of websites in relation to their relevance to given keywords. Essentially when a
search engine user ...
Footnote/Sentence no.12 on http://www.exa.com.au/folio/seo.html: "Essentially when a search
engine user enters a particular keyword or keyword phrase into" was crawled by Google on Oct
21, 2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22Essentially%20when%20a%20search%20engine%20user
%20enters%20a%20particular%20keyword%20or%20keyword%20phrase%20into%22&tbs=qdr
:y9,sbd:1&start=0&safe=off Google Snippet: Essentially when a search engine user enters a
particular keyword or keyword phrase into the search engine's browser, a list of results are
generated in the ...
Footnote/Sentence no.13 on http://www.exa.com.au/folio/seo.html: "It is the objective of the
search engine to ensure that the information it" was crawled by Google on Oct 21, 2008,
proving it had been published to the world by that date. Test this for yourself with this link (go
to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22It%20is%20the%20objective%20of%20the%20search%20
engine%20to%20ensure%20that%20the%20information%20it%22&tbs=qdr:y9,sbd:1&start=0&
safe=off Google Snippet: It is the objective of the search engine to ensure that the information
it delivers is the most appropriate to the enquiry. Without effective SEO it is highly unlikely ...
Footnote/Sentence no.14 on http://www.exa.com.au/folio/seo.html: "Without effective SEO it is
highly unlikely that a website will be rated by" was crawled by Google on Oct 21, 2008, proving
it had been published to the world by that date. Test this for yourself with this link (go to the
bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22Without%20effective%20SEO%20it%20is%20highly%20u
nlikely%20that%20a%20website%20will%20be%20rated%20by%22&tbs=qdr:y9,sbd:1&start=0
&safe=off Google Snippet: Without effective SEO it is highly unlikely that a website will be
rated by the search engine. For customers to access a website simply and conveniently, and for
a ...
Footnote/Sentence no.15 on http://www.exa.com.au/folio/seo.html: "finding relevant websites
internet users were required to know the exact website address to" was crawled by Google on
Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with
this link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22finding%20relevant%20websites%20internet%20users%2
0were%20required%20to%20know%20the%20exact%20website%20address%20to%22&tbs=qd
r:y9,sbd:1&start=0&safe=off Google Snippet: ... Yahoo and MSN to assist with finding
relevant websites, internet users were required to know the exact website address to the
information they were seeking.
Footnote/Sentence no.16 on http://www.exa.com.au/folio/seo.html: "Search engines [Proprietary
or misspelled word] the internet making it a more effective information resource and a" was
crawled by Google on Oct 21, 2008, proving it had been published to the world by that date.
Test this for yourself with this link (go to the bottom of the last page of links to find the earliest
dated record):
http://www.google.com/search?q=%22Search%20engines%20*%20the%20internet%20making
%20it%20a%20more%20effective%20information%20resource%20and%20a%22&tbs=qdr:y9,sb
d:1&start=0&safe=off Google Snippet: Search engines revolutionised the internet making it a
more effective information resource and a powerful marketing tool. The introduction of Search
Engine ...
Footnote/Sentence no.17 on http://www.exa.com.au/folio/seo.html: "The introduction of Search
Engine Optimisation meant that businesses could extract maximum value from" was crawled by
Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for
yourself with this link (go to the bottom of the last page of links to find the earliest dated
record):
http://www.google.com/search?q=%22The%20introduction%20of%20Search%20Engine%20Opt
imisation%20meant%20that%20businesses%20could%20extract%20maximum%20value%20fro
m%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: The introduction of Search
Engine Optimisation meant that businesses could extract maximum value from this new
marketing medium, as SEO ensured that the ...
Footnote/Sentence no.18 on http://www.exa.com.au/folio/seo.html: "this new marketing medium
as SEO ensured that the website would receive maximum exposure" was crawled by Google on
Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with
this link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22this%20new%20marketing%20medium%20as%20SEO%2
0ensured%20that%20the%20website%20would%20receive%20maximum%20exposure%22&tbs
=qdr:y9,sbd:1&start=0&safe=off Google Snippet: ... meant that businesses could extract
maximum value from this new marketing medium, as SEO ensured that the website would
receive maximum exposure.
Footnote/Sentence no.19 on http://www.exa.com.au/folio/seo.html: "Today with millions of
consumers purchasing goods online the internet has become a global" was crawled by Google
on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself
with this link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22Today%20with%20millions%20of%20consumers%20purc
hasing%20goods%20online%20the%20internet%20has%20become%20a%20global%22&tbs=qd
r:y9,sbd:1&start=0&safe=off Google Snippet: Today, with millions of consumers purchasing
goods online, the internet has become a global marketplace. In the case of businesses that trade
over the internet, ...
Footnote/Sentence no.20 on http://www.exa.com.au/folio/seo.html: "In the case of businesses
that trade over the internet their website becomes their" was crawled by Google on Oct 21,
2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22In%20the%20case%20of%20businesses%20that%20trade
%20over%20the%20internet%20their%20website%20becomes%20their%22&tbs=qdr:y9,sbd:1
&start=0&safe=off Google Snippet: In the case of businesses that trade over the internet,
their website becomes their shop-front. To be competitive a set of objectives must be met. These
include ...
Footnote/Sentence no.21 on http://www.exa.com.au/folio/seo.html: "SEO gives companies an
advantage as it means that potential customers find them more" was crawled by Google on Oct
21, 2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22SEO%20gives%20companies%20an%20advantage%20as
%20it%20means%20that%20potential%20customers%20find%20them%20more%22&tbs=qdr:y
9,sbd:1&start=0&safe=off Google Snippet: SEO gives companies an advantage as it means
that potential customers find them more easily. Being high in search results can improve the
chances of ...
Footnote/Sentence no.22 on http://www.exa.com.au/folio/seo.html: "Being high in search results
can improve the chances of winning potential business over" was crawled by Google on Oct 21,
2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22Being%20high%20in%20search%20results%20can%20im
prove%20the%20chances%20of%20winning%20potential%20business%20over%22&tbs=qdr:y9
,sbd:1&start=0&safe=off Google Snippet: Being high in search results can improve the
chances of winning potential business over a competitor. SEO can also help to position a
company as an industry ...
Footnote/Sentence no.23 on http://www.exa.com.au/folio/seo.html: "SEO can also help to
position a company as an industry leader particularly if" was crawled by Google on Oct 21,
2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22SEO%20can%20also%20help%20to%20position%20a%20
company%20as%20an%20industry%20leader%20particularly%20if%22&tbs=qdr:y9,sbd:1&star
t=0&safe=off Google Snippet: SEO can also help to position a company as an industry leader,
particularly if their website is found at the top of search results for the industry's most
competitive ...
Footnote/Sentence no.24 on http://www.exa.com.au/folio/seo.html: "New markets can be
accessed via Search Engine Optimisation as consumers looking for specific" was crawled by
Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for
yourself with this link (go to the bottom of the last page of links to find the earliest dated
record):
http://www.google.com/search?q=%22New%20markets%20can%20be%20accessed%20via%20
Search%20Engine%20Optimisation%20as%20consumers%20looking%20for%20specific%22&tb
s=qdr:y9,sbd:1&start=0&safe=off Google Snippet: New markets can be accessed via Search
Engine Optimisation, as consumers looking for specific goods and services find information
relevant to their enquiry ...
Footnote/Sentence no.25 on http://www.exa.com.au/folio/seo.html: "goods and services find
information relevant to their enquiry without specific information such as" was crawled by
Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for
yourself with this link (go to the bottom of the last page of links to find the earliest dated
record):
http://www.google.com/search?q=%22goods%20and%20services%20find%20information%20rel
evant%20to%20their%20enquiry%20without%20specific%20information%20such%20as%22&tb
s=qdr:y9,sbd:1&start=0&safe=off Google Snippet: ... consumers looking for specific goods
and services find information relevant to their enquiry without specific information such as a
company name or location.
Footnote/Sentence no.26 on http://www.exa.com.au/folio/seo.html: "in search engines for
specific keywords and keyword phrases the position it attains is" was crawled by Google on Oct
21, 2008, proving it had been published to the world by that date. Test this for yourself with this
link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22in%20search%20engines%20for%20specific%20keyword
s%20and%20keyword%20phrases%20the%20position%20it%20attains%20is%22&tbs=qdr:y9,s
bd:1&start=0&safe=off Google Snippet: While the purpose of SEO is to ensure that a website
can be found in search engines for specific keywords and keyword phrases, the position it
attains is also ...
Footnote/Sentence no.27 on http://www.exa.com.au/folio/seo.html: "Studies have proven that
search engine users most trust the highest ranking websites particularly" was crawled by
Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for
yourself with this link (go to the bottom of the last page of links to find the earliest dated
record):
http://www.google.com/search?q=%22Studies%20have%20proven%20that%20search%20engin
e%20users%20most%20trust%20the%20highest%20ranking%20websites%20particularly%22&t
bs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: Studies have proven that search engine
users most trust the highest ranking websites, particularly those in positions one, two and three
on page one of the ...
Footnote/Sentence no.28 on http://www.exa.com.au/folio/seo.html: "If a website is [Proprietary
or misspelled word] in major search engines such as Google Yahoo and" was crawled by Google
on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself
with this link (go to the bottom of the last page of links to find the earliest dated record):
http://www.google.com/search?q=%22If%20a%20website%20is%20*%20in%20major%20search
%20engines%20such%20as%20Google%20Yahoo%20and%22&tbs=qdr:y9,sbd:1&start=0&safe
=off Google Snippet: If a website is underperforming in major search engines such as Google,
Yahoo and MSN for the keywords most relevant to the business's core offerings, it is ...
Footnote/Sentence no.29 on http://www.exa.com.au/folio/seo.html: "Only dedicated experienced
SEO professionals that demonstrate proven results in past performance should be" was crawled
by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for
yourself with this link (go to the bottom of the last page of links to find the earliest dated
record):
http://www.google.com/search?q=%22Only%20dedicated%20experienced%20SEO%20professio
nals%20that%20demonstrate%20proven%20results%20in%20past%20performance%20should%
20be%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: Only dedicated, experienced
SEO professionals, that demonstrate proven results in past performance, should be trusted with
your company's Search Engine ...
Footnote/Sentence no.30 on http://www.exa.com.au/folio/seo.html: "Top 10 reasons you should
NOT use an AD AGENCY for Web" was crawled by Google on Oct 21, 2008, proving it had been
published to the world by that date. Test this for yourself with this link (go to the bottom of the
last page of links to find the earliest dated record):
http://www.google.com/search?q=%22Top%2010%20reasons%20you%20should%20NOT%20us
e%20an%20AD%20AGENCY%20for%20Web%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google
Snippet: See top SEO results for a wide range of Exa clients in various industries. See how our
clients' sites have outperformed their competitors and generated high ...
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Official Affidavit
1. I am the Chief Developer at the Copyright-Archive, located in Coonawarra, South Australia. I
make this declaration of my own personal knowledge.
2. The Copyright-Archive is a web application that searches for and locates copyrighted material
on the internet that has been re-used without permission or citation. It uses search engines to
find copies and the Internet Archive to date them and establish chronological priority.
3. The Internet Archive is a website that provides access to a digital library of Internet sites and
other cultural artifacts in digital form. Like a paper library, it provides free access to
researchers, historians, scholars, and the general public. The Internet Archive has partnered
with and receives support from various well-known institutions and libraries, including the
Library of Congress.
4. The Internet Archive has created a service known as the Wayback Machine. The Wayback
Machine makes it possible to surf more than 240 billion pages stored in the Internet Archive's
web archive. Visitors to the Wayback Machine can search archives by URL (i.e., a website
address). If archived records for a URL are available, the visitor will be presented with a list of
available dates. The visitor may select one of those dates, and then begin surfing on an archived
version of the Web. The links on the archived files, when served by the Wayback Machine, point
to other archived files (whether HTML pages or images). If a visitor clicks on a link on an
archived page, the Wayback Machine will serve the archived file with the closest available date
to the page upon which the link appeared and was clicked.
5. The archived data made viewable and browseable by the Wayback Machine is compiled using
software programs known as crawlers that surf the Web and automatically store copies of
website files, preserving these files as they exist at the point of time of capture.
6. The Internet Archive assigns a URL on its site to the archived files in the format
http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in
hh:mm:ss]/[Archived URL]. Thus, the Internet Archive URL
http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the URL for the
record of the Internet Archive home page HTML file (http://www.archive.org/) archived on
January 26, 1997 at 4:58 a.m. and 28 seconds (1997/01/26 at 04:58:28). A web browser may be
set such that a printout from it will display the URL of a web page in the printout's footer. The
date assigned by the Internet Archive applies to the HTML file but not to image files linked
therein. Thus images that appear on the printed page may not have been archived on the same
date as the HTML file. Likewise, if a website is designed with "frames," the date assigned by the
Internet Archive applies to the frameset as a whole, and not the individual pages within each
frame.
7. Attached hereto as Exhibit A are true and accurate copies of printouts of the Internet
Archive's records of the HTML files for the URLs and the dates specified in the footer of the
printout.
8. I declare under penalty of perjury that the foregoing is true and correct.
DATE: Feb 16, 2014
SIGNED:
S. L. Moignard BA LLB Grad Dip (Inf Tech)
WHOIS Emails Summary
Email addresses for their host:
[email protected]
[email protected]
[email protected]
[email protected]
WHOIS Contact Information
Their host:
Array ( [regrinfo] => Array ( [registered] => no [domain] => Array ( [name] => exa.com.au [nserver] =>
Array ( [ns3.exadns.co.in] => 205.234.146.46 [ns1.exadns.com.au] => 67.222.30.25 [ns2.exadns.com] =>
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changed: [email protected] 20070329
changed: [email protected] 20131029
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address: L3 1 Alfred Circular Quay
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Summary of Metadata for www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_Case 107.
Domain name ownership: Different ownership.
IP address allocation: Different host.
Citation, backlinks or author credit: None
Total same sentences: 24
Total similar sentences: 18
Overall_similarity: 48%
Alexa page rank: Not ranked
ISP/Host email addresses for DMCA pull-down notices: [email protected];
[email protected];.
Data reliability: Highest.
Call or email for any further technical information as to how this data was obtained, its
verifiability or any other related questions.
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
An Authors' Trust Initiative.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Tel: + (61) 8737 3680
Fax: +(61) 8125 6766
Email: [email protected]
www.copyright-archive.com
Feb 21, 2014
VIA POST AND EMAIL
Google, Inc.
Attn: Customer Support/Google Legal Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
Phone: (650) 253 0000
Fax: (650) 618-2680, (650) 963-3255 or (650) 253 0001
Email: [email protected]
Dear Sirs,
RE: NOTICE OF COPYRIGHT INFRINGEMENT
I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner").
As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act
(17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:
1. The Owner is the exclusive owner of the copyrights in the website located at
http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing
therein (singly and collectively, the "Owner Material") which I have determined to have a priority
date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached
affidavit); and
2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search
results"" at www.google.com the following search results (the "Infringing Material") were
returned which infringe the Owner Material and the exclusive rights of the Owner:
"and scripting to gain higher rankings and better positioning in search results"
http://achievers-infotech.blogspot.com/
May 6, 2011
... Search Engine Optimization employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"and scripting to gain higher rankings and better positioning in search results"
http://www.exa.com.au/folio/seo.html
Oct 21, 2008
... Search Engine Optimisation employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
Please immediately remove or disable all access to the Infringing Material.
I have a good faith belief that use of the copyrighted material described above is not authorized by
the Owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am
the Owner or am authorized to act on behalf of the Owner.
We require contact details for this account holder be provided as required under the DMCA. Please
email this information to [email protected].
A full copy of the brief of evidence against this account holder is located at
http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf.
Should you require any further information regarding this matter, please contact me at the address
above.
Faithfully
S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics)
as trustee for The Authors' Trust
Attachments -
Affidavit
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
An Authors' Trust Initiative.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Tel: + (61) 8737 3680
Fax: +(61) 8125 6766
Email: [email protected]
www.copyright-archive.com
Feb 21, 2014
VIA POST AND EMAIL
Unified Layer
Unified Layer
Provo
Utah 84606
United States
Dear Sirs,
RE: NOTICE OF COPYRIGHT INFRINGEMENT
I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner").
As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act
(17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:
1. The Owner is the exclusive owner of the copyrights in the website located at
http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing
therein (singly and collectively, the "Owner Material") which I have determined to have a priority
date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached
affidavit); and
2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search
results"" at www.google.com the following search results (the "Infringing Material") were
returned which infringe the Owner Material and the exclusive rights of the Owner:
"and scripting to gain higher rankings and better positioning in search results"
http://achievers-infotech.blogspot.com/
May 6, 2011
... Search Engine Optimization employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"and scripting to gain higher rankings and better positioning in search results"
http://www.exa.com.au/folio/seo.html
Oct 21, 2008
... Search Engine Optimisation employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
Please immediately remove or disable all access to the Infringing Material.
I have a good faith belief that use of the copyrighted material described above is not authorized by
the Owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am
the Owner or am authorized to act on behalf of the Owner.
We require contact details for this account holder be provided as required under the DMCA. Please
email this information to [email protected].
A full copy of the brief of evidence against this account holder is located at
http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf.
Should you require any further information regarding this matter, please contact me at the address
above.
Faithfully
S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics)
as trustee for The Authors' Trust
Attachments -
Affidavit
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
An Authors' Trust Initiative.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Tel: + (61) 8737 3680
Fax: +(61) 8125 6766
Email: [email protected]
www.copyright-archive.com
Feb 21, 2014
VIA POST AND EMAIL
Attn: Copyright Infringement Notification,
Microsoft Corporation; The Microsoft Network
One Microsoft Way, Redmond, WA 98052, United States.
Phone: (425) 703-5529
Fax: (425) 936-7329
Email: [email protected]
Dear Sirs,
RE: NOTICE OF COPYRIGHT INFRINGEMENT
I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner").
As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act
(17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:
1. The Owner is the exclusive owner of the copyrights in the website located at
http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing
therein (singly and collectively, the "Owner Material") which I have determined to have a priority
date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached
affidavit); and
2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search
results"" at www.google.com the following search results (the "Infringing Material") were
returned which infringe the Owner Material and the exclusive rights of the Owner:
"and scripting to gain higher rankings and better positioning in search results"
http://achievers-infotech.blogspot.com/
May 6, 2011
... Search Engine Optimization employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"and scripting to gain higher rankings and better positioning in search results"
http://www.exa.com.au/folio/seo.html
Oct 21, 2008
... Search Engine Optimisation employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
Please immediately remove or disable all access to the Infringing Material.
I have a good faith belief that use of the copyrighted material described above is not authorized by
the Owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am
the Owner or am authorized to act on behalf of the Owner.
We require contact details for this account holder be provided as required under the DMCA. Please
email this information to [email protected].
A full copy of the brief of evidence against this account holder is located at
http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf.
Should you require any further information regarding this matter, please contact me at the address
above.
Faithfully
S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics)
as trustee for The Authors' Trust
Attachments -
Affidavit
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
An Authors' Trust Initiative.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Tel: + (61) 8737 3680
Fax: +(61) 8125 6766
Email: [email protected]
www.copyright-archive.com
Feb 21, 2014
VIA POST AND EMAIL
Copyright Agent
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089, United States.
Phone: (408) 349-5080
Fax: (408) 349-7821
Email: [email protected]
Dear Sirs,
RE: NOTICE OF COPYRIGHT INFRINGEMENT
I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner").
As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act
(17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that:
1. The Owner is the exclusive owner of the copyrights in the website located at
http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing
therein (singly and collectively, the "Owner Material") which I have determined to have a priority
date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached
affidavit); and
2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search
results"" at www.google.com the following search results (the "Infringing Material") were
returned which infringe the Owner Material and the exclusive rights of the Owner:
"and scripting to gain higher rankings and better positioning in search results"
http://achievers-infotech.blogspot.com/
May 6, 2011
... Search Engine Optimization employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"and scripting to gain higher rankings and better positioning in search results"
http://www.exa.com.au/folio/seo.html
Oct 21, 2008
... Search Engine Optimisation employs various techniques, including programming and scripting, to
gain higher rankings and better positioning in search results ...
on search results page: 1
recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030
Please immediately remove or disable all access to the Infringing Material.
I have a good faith belief that use of the copyrighted material described above is not authorized by
the Owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am
the Owner or am authorized to act on behalf of the Owner.
We require contact details for this account holder be provided as required under the DMCA. Please
email this information to [email protected].
A full copy of the brief of evidence against this account holder is located at
http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf.
Should you require any further information regarding this matter, please contact me at the address
above.
Faithfully
S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics)
as trustee for The Authors' Trust
Attachments -
Affidavit
© Copyright 1996-2013 The Authors' Trust. All Rights Reserved.
PO Box 105, Coonawarra, SA, Australia 5277
Tel +(61)438 005 051
Official Affidavit
1. I am the Chief Developer at the Copyright-Archive, located in Coonawarra, South Australia. I
make this declaration of my own personal knowledge.
2. The Copyright-Archive is a web application that searches for and locates copyrighted material on
the internet that has been re-used without permission or citation. It uses search engines to find
copies and the Internet Archive to date them and establish chronological priority.
3. The Internet Archive is a website that provides access to a digital library of Internet sites and
other cultural artifacts in digital form. Like a paper library, it provides free access to researchers,
historians, scholars, and the general public. The Internet Archive has partnered with and receives
support from various well-known institutions and libraries, including the Library of Congress.
4. The Internet Archive has created a service known as the Wayback Machine. The Wayback
Machine makes it possible to surf more than 240 billion pages stored in the Internet Archive's web
archive. Visitors to the Wayback Machine can search archives by URL (i.e., a website address). If
archived records for a URL are available, the visitor will be presented with a list of available dates.
The visitor may select one of those dates, and then begin surfing on an archived version of the Web.
The links on the archived files, when served by the Wayback Machine, point to other archived files
(whether HTML pages or images). If a visitor clicks on a link on an archived page, the Wayback
Machine will serve the archived file with the closest available date to the page upon which the link
appeared and was clicked.
5. The archived data made viewable and browseable by the Wayback Machine is compiled using
software programs known as crawlers that surf the Web and automatically store copies of website
files, preserving these files as they exist at the point of time of capture.
6. The Internet Archive assigns a URL on its site to the archived files in the format
http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in
hh:mm:ss]/[Archived URL]. Thus, the Internet Archive URL
http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the URL for the
record of the Internet Archive home page HTML file (http://www.archive.org/) archived on January
26, 1997 at 4:58 a.m. and 28 seconds (1997/01/26 at 04:58:28). A web browser may be set such that
a printout from it will display the URL of a web page in the printout's footer. The date assigned by
the Internet Archive applies to the HTML file but not to image files linked therein. Thus images that
appear on the printed page may not have been archived on the same date as the HTML file.
Likewise, if a website is designed with "frames," the date assigned by the Internet Archive applies to
the frameset as a whole, and not the individual pages within each frame.
7. Attached hereto as Exhibit A are true and accurate copies of printouts of the Internet Archive's
records of the HTML files for the URLs and the dates specified in the footer of the printout.
8. I declare under penalty of perjury that the foregoing is true and correct.
DATE: Feb 21, 2014
SIGNED:
S. L. Moignard BA LLB Grad Dip (Inf Tech)
© Copyright 1996-2013 The Author's Trust. All Rights Reserved.