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
Mar 18, 2014
WITHOUT PREJUDICE
Legal Department
2, Sencholai Valagam, Nethaji Nagar, Sathuvachari, Vellore –
632009, TN, India
Jurisdiction: USA
[email protected];[email protected];supp
[email protected];
---914162254162
Dear Sirs,
RE: UNAUTHORIZED USE OF COPYRIGHT MATERIAL
(REF:WWW.EXA.COM.AU_SERVICES_WEB_PAGE.PHP -VWWW.EXHILARIS.COM_WEBSERVICES.HTML - Case 302)
We represent the owner of copyright in WWW.EXA.COM.AU (and all
subpages, together the "Work"), Exa Pty Ltd. We have detected that you
are using copyright material from
http://www.exa.com.au/services/web_page.php on
http://www.exhilaris.com/webservices.html without permission.
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, publish
and communicate the Works to the public (including by way of
broadcasting or putting the Work 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 Work, or to authorise such an act,
without the permission of the copyright owner.
We have evidence of infinging copyright material found on your web
page. For example:
"...and makes them tangible, profitable and accessible to the your most
valued asset the customer.. A Cost-Effective Solution. Where traditional
marketing campaigns can be costly, both as an original investment and an
ongoing expense, Exhilar\'s Web Solutions are among the most effective
marketing strategies available. Because a website offers more
measurable results than television, print or radio, economic gain
becomes less about chance and more about science.. A ResultsDriven Solution. Not only do Exhilar\'s customized web solutions provide
each client with a great-looking, functional point of contact for their
valued consumer base, it also guarantees results.. By researching the
market, industry and competitive environment, and identifying the most
suitable, highly-utilized search phrases for individual products or brands,
Exhilar\'s web developmen..."
This snippet was found on your site on Mar 18, 2014. However. it was in
fact first published by Exa Pty Ltd on Aug 15, 2009. We have included a
full and detailed report on all of the material copied from
http://www.exa.com.au/services/web_page.php by the owner of
http://www.exhilaris.com/webservices.html at the end of this letter.
You have seven (7) days to respond in one of the following ways:
1) Reply to this email immediately to discuss the problem and negotiate
a license to continue using the material with our permission;
OR
2) Dispute (or ignore) this demand, in which case we will automatically
a) Have your site removed from your web host(ISP) - cp28.webhostbox.net;
b) Have your domain, IP address and all associated email accounts
blacklisted for copyright abuse;
c) Have links to your domain removed from the indexes of Google,
Bing and Yahoo and
d) Institute proceedings for copyright infringement under United
States law.
If you choose to ignore or dispute this demand, we will incur significant
additional legal costs 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.)). Should you lose, your total liability will increase by two
orders of magnitude.
If you wish to confirm our authority to act on behalf of Exa Pty Ltd, we
suggest you examine the signed power of attorney to be found at
http://copyright-archive.com/briefs/authorities/exa. You will also see in
that directory a certificate of registration of www.exa.com.au with the
US Library of Congress, providing us with significant statutory
advantages in legal action against you.
The Copyright Archive is a new service, and we understand that you may
not have heard of us. We also note that many people have paid web
designers for material and may not be aware that this material was
illegally copied. However, that is not a defence.
We are in the process of choosing which infringements we prosecute to
provide test cases. Inappropriate, ill-considered correspondence or
worse, no correspondence, will put you at the top of the list in terms of
companies we are likely to sue in your jurisdiction: Usa.
More information about this situation, your case (number: 302) and the
underlying law is available on our FAQ 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 a response by Mar 25, 2014 at the latest, we may immediately
and without notice invoke automatic processes in order to protect our
client's rights.
These automatic processes include issuing "Pull down" notices under the
D.M.C.A. which will be sent to Google, your web host (we have
determined your ISP is: cp-28.webhostbox.net), Microsoft and Yahoo.
Sample copies of these notices are attached. Your domain has already
been publically named and the full brief of evidence uploaded to
http://copyright-archive.com/briefs/.
A full copy of the HTML from
http://www.exhilaris.com/webservices.html has been saved.
Attempting to change, remove or otherwise destroy evidence will
be seen as an admission of guilt. The same applies to attempts to
deregister your domain or email accounts.
As the developer of the Copyright Archive detection system, The Authors'
Trust is committed to investigating copyright infringement to protect the
interests of the author's we represent. Anyone with a website can join The
Author's Trust and have us act for them. If you decide to join, we may be
able to identify instances where your site has also been copied by others,
and we may be able to recover damages for you. To join the Author's
Trust, see the invitation here.
I am authorised to negotiate any and all outcomes for this matter and you
can call my personal phone number (+61438 005 051) to confirm that I
am a real person and that our service is not fraudulent. Furthermore, we
all make mistakes, especially computer software, and if you think we have
made one in your case you need to tell us now. Otherwise, what
happens next is automatic.
While I am happy to discuss this matter in person, I prefer to see a
written response by email first. You should reply to this email
([email protected]) to maintain your reference details
(www.exa.com.au_services_web_page.php -vwww.exhilaris.com_webservices.html Case 302).
Sincerely
S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal
Practice and Ethics)
as trustee for The Authors' Trust
PS:
You should consider paying this settlement by joining the The
Author's Trust for your original work. Call me or email me to
discuss on +61 438 005 051 ([email protected]).
© Copyright 1996-2014 The Authors' Trust. All Rights Reserved.
Settlement Remittance Details
Please pay by Mar 25, 2014
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
Case Number: 302
Reference: www.exa.com.au_services_web_page.php -vwww.exhilaris.com_webservices.html
Settlement Demand Date: Mar 18, 2014
Penalty Amount: $1,595 USD for duration: 1329 days.
Fee Amount: $589 USD
Total Amount: $2,184 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. Proof of authority can be found at
http://copyright-archive.com/briefs/authorities/exa.
Payment Options
a) 30 payments of $100
(20%
b) 13 payments of $200
p/a)
(14%
c) 5 payments of $500
p/a)
(8%
d) 1 payment of $2,184
p/a)
(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. Certificate of
registration: A certificate's probative value depends on whether the work was registered
earlier or later than five years after the work was published. A certificate of registration 'made
before or within five years after first publication of the work shall constitute prima facie
evidence of the validity of the copyright.' 17 U.S.C. at 410(c) - we hold certificate number TX7761-615 for www.exa.com.au.
Payment Methods
1) Use PayPal
2) Send cheques made out to:
The Authors' Trust
PO Box 105
PayPal id: +61438005051 (Please
Coonawarra SA 5263 AUSTRALIA (Please
include Case Number:302 with payment) include Case Number:302 with payment)
3) Bank Transfer:
The Authors' Trust
Name of Bank: BankSA BSB: 105070
Account: 25386940
Swift Code: SGBLAU2S
Reference No: 302 (Please include this
with payment).
4) Credit Card
(Please include Case Number:302 with payment)
Name on card:___________________________________________________________ Expiry:_______/_______
Card Number:
CVV:_________________ Signature:_____________________________________________________________
Please advise proof of payment by email to [email protected] with your
case number (302).
If you pay within time, you will be granted a perpetual license to continue to use
the infringing material forever.
© Copyright 1996-2014 The Authors' Trust. All Rights Reserved.
Brief of Evidence
Full copy available at
http://www.copyright-archive.com/briefs/www.exa.com.au_services_web_page.php
-v- www.exhilaris.com_webservices.htmlCase 302.pdf
Created with version: 2.01
Copyright-Archive Report
Completed comparing:
http://www.exa.com.au/services/web_page.php(116.240.194.24)
versus
http://www.exhilaris.com/webservices.html(199.79.62.21)
on Mar 18, 2014 using "economic gain becomes less about chance and more about science" as a
seed Statistically Impropable Phrase (SIP) initially and then comparing the entire text on both
URL's.
Details:
Historical 3rd Party Evidence
Screenshot recorded as of Sep 15, 2009
Work priority date Aug 15, 2009
Recorded on Mar 18, 2014
http://web.archive.org/web/20090815000000/http://www.exa.com.au/services/web_page.php/
http://www.exhilaris.com/webservices.html(199.79.62.21)
http://www.exhilaris.com/webservices.html
http://www.exa.com.au/services/web_page.php
Historical Snippets (text surrounding matched sentences as of priority
dates)
Context on their site as at Mar 18, 2014:
...and makes them tangible, profitable and
accessible to the your most valued asset the
customer.. A Cost-Effective Solution. Where
traditional marketing campaigns can be
costly, both as an original investment and an
ongoing expense, Exhilar\'s Web Solutions
are among the most effective marketing
strategies available. Because a website
offers more measurable results than
television, print or radio, economic gain
becomes less about chance and more
about science.. A Results-Driven Solution.
Not only do Exhilar\'s customized web
solutions provide each client with a greatlooking, functional point of contact for their
valued consumer base, it also guarantees
results.. By researching the market, industry
and competitive environment, and
identifying the most suitable, highly-utilized
search phrases for individual products or
brands, Exhilar\'s web developmen...
Context on your site as at Aug 15, 2009:
...as and. makes them tangible, profitable
and accessible to the your most valued asset
. the customer.. A Cost-Effective Solution.
Where traditional marketing campaigns can.
be costly, both as an original investment and
an ongoing expense, an Exa Web. Page is
one of the most effective marketing
strategies available. Because a. website
offers more measurable results than
television, print or radio,. economic gain
becomes less about chance and more
about science.. A Results-Driven Solution.
Using Web Magnet , our very own, patented.
Search Engine Optimisation technology, not
only do Exa\'s customised web. solutions
provide each client with a great-looking,
functional point of contact. for their valued
consumer base, it also guarantees results..
By. researching the market, industry and
competitive environment, and identifying.
the most suitable, highly-ut...
Contemporary Screen Layout Comparison
Recorded on Mar 18, 2014
http://www.exhilaris.com/webservices.html(199.79.62.21)
Recorded on Mar 18, 2014
http://www.exa.com.au/services/web_page.php(116.240.194.24)
Contemporary Snippets (text surrounding matched sentence)
Context on their site as at Mar 18, 2014:
...and makes them tangible, profitable and
accessible to the your most valued asset the
customer.. A Cost-Effective Solution. Where
traditional marketing campaigns can be
costly, both as an original investment and an
ongoing expense, Exhilar\'s Web Solutions
are among the most effective marketing
strategies available. Because a website
offers more measurable results than
television, print or radio, economic gain
becomes less about chance and more
about science.. A Results-Driven Solution.
Not only do Exhilar\'s customized web
solutions provide each client with a greatlooking, functional point of contact for their
valued consumer base, it also guarantees
results.. By researching the market, industry
and competitive environment, and
identifying the most suitable, highly-utilized
search phrases for individual products or
brands, Exhilar\'s web developmen...
Context on your site as at Mar 18, 2014:
...as and. makes them tangible, profitable
and accessible to the your most valued
assetthe customer.. A Cost-Effective
Solution. Where traditional marketing
campaigns can. be costly, both as an original
investment and an ongoing expense, an Exa
Web. Page is one of the most effective
marketing strategies available. Because a.
website offers more measurable results than
television, print or radio,. economic gain
becomes less about chance and more
about science.. A Results-Driven Solution.
Using Web Magnet , our very own, patented.
Search Engine Optimisation technology, not
only do Exa\'s customised web. solutions
provide each client with a great-looking,
functional point of contact. for their valued
consumer base, it also guarantees results..
By. researching the market, industry and
competitive environment, and identifying.
the most suitable, highly-ut...
Full text from both sites
Full text from their site:
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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 Home Internet Marketing Search Engine Optimisation SEO Company Testimonials Portfolio Contact Us Articles December 2013 5 Questions You Should Answer Before
Starting LinkedIn 101: How to Make It Work For You The Hummingbird and the Business Owner The Role of Video in Different Stages 5 Digital Trends to Look forward in 2014 October 2013 Are We
Smartphone Addicts? Vine Versus Instagram: and the winner is Faith-Based Search Engines The Firefox Phone June 2013 Mobile Devices Shaping Google Time Mobile Devices Shaping Power Of Newsfeed
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 Media Spring Clean Your Website July 2012 Apple
ditches Google Web pages that generate gales Case Study: Building the Guild Wars 2 Game Launch Site Time for a New Business Year Resolution? INFORMATION OVERLOAD: How Smart Businesses Control
the Flow April 2012 Who\\\'s Minding the eStore How very Pinteresting Facebook Timeline RLB Case Study December 2011 Merry Online Christmas Google+ Branded Business Pages: Why you should sign-up
41 crucial questions to ask when choosing a web developer Freshen up for Google CASE STUDY: Bringing the best deal online to customers October 2011 The Mobile Revolution Are you part of the
Revolution? LinkedIn: 6 Tips for Lead Generation The National Broadband Network Web 3 0 Are you ready for the next generation internet? Case Study: Reaching a Mobile Market August 2011 Facebook for
Business: Tips for social success iPHONE5: The Rumour Mill Google Plus: Is it the new Facebook? Google Panda: New Algorithm New Rules Rider Levett Bucknall: A WORLD-FIRST SMARTPHONE APP June
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stand out and dominate your market in 2011! Online Trends for 2011 Where are you with Location Based Marketing? To PPC or Not to PPC? Case Study: Website helps to better connect communities
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Decline; Why Papers Need to Adapt to The Internet Challenging Website Helps Raise Money for Brain FitnessOctober 2010 iPhone vs Android Top 10 reasons you should NOT use an AD AGENCY for Web
Google Instant, what it means for SEO Why SEO isn\\\'t enugh? Why your website must not be run by your IT department 5 reasons to test your site in all major web browsers? August 2010 Five Lessons
Learnt from Online Marketing History June 2010 What makes a good Mobile Site? Top 10 reasons why online video works Have you got your Google Goggles on? iPhone 4:the Next Generation Unveiled Little
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Identical Sentences
FIRST PAGE COMPARISON
DEVELOPMENT; business is; that; and more; their; for; do; where do you; can; the technology
and the; ensure that; that the implementation of; as well as the; smoothly as; name in web; web
design and development; your business, contact us; become; images; tailored to the specific;
each; one; valued; marketing; with your; ideas and; accessible to; to the your most; campaigns
can; both as an original; investment and an; the most effective marketing; offers; results; less;
chance and; and more about science; Driven; Not; solutions provide each client; client with a
great-; point of contact; for their valued consumer; researching the market,; environment;
suitable; individual products; web development team ensure; ensure a strong search; Google;
MSN and; and drive only the; the most relevant search; search queries to your; adapt their
marketing; marketing strategies to meet; demands; can you afford not; not to do the; reaching
and tailored; tailored to your specific; there\\\'s every; can put your business; If for any reason;
reason you cannot find; find the product or; or service you are; are searching for on; on our
website, please; - (69/839), [http://www.exhilaris.com/webservices.html].
SECOND PAGE COMPARISON
YOU; please; CONTACT; our business is to; more; their; sense for; do the; where do you; the
technology and the; implementation; implementation of our Web; as well as the; smoothly as;
name in web design; your business, contact us; tailored to the specific; each and; and every one
of; of our valued clients; marketing experience with your; ideas and; accessible to; to the your
most; customer; campaigns can; original; investment and an; the most effective marketing;
results; less; chance and; and more about science; Driven; not; provide each client; client with a
great-looking; point of contact; for their valued consumer; industry; environment; individual
products; web development team ensure; ensure a strong search; search engine ranking with;
MSN and; and drive only the; the most relevant search; search queries to your; adapt their
marketing; marketing strategies to meet; demands; can you afford not; not to do the; reaching
and tailored; tailored to your specific; there\\\'s every; can put your business; If for any reason;
reason you cannot find; find the product or; or service you are; are searching for on; on our
website, please; Web Design And Development; - (65/132),
[http://www.exa.com.au/services/web_page.php].
Materially Similar Sentences on their page
EXHILAR Home Page About Us Services E-PUBLISHING E- APP DEVELOPMENT SOFTWARE
SERVICES HARDWARE SERVICES WEB SERVICES Products Exhilar-AEBN Exhilar-AEDT 21 5
Exhilar-AEDTK 21 5 Exhilar-AEGT 24 Social Media Contact Site Map Call Us: +91 416 225
4162 WEB SERVICES Home Services WEB SERVICES WEB SERVICES At Exhilar Innovative
business is to improve ¦yours! declares and more focusing ¦their attention online , it sense to
do the same do you start ? process can ¦seem daunting , Exhilar Innovative Solutions has the
experience , and the ensure implementation of our Web Solutions as the efficiency your
business smoothly as possible Exhilar Innovative Solutions is the in and development To find
out how Exhilar Innovative Solutions Web Solutions can enhance contact us today Website
Maintenance If left unchecked and ignored then a may ¦become static, dull and loose its
vitality and its very purpose Website should be ¦updated at predefined interval to make it
visible and interactive Updating ¦contents and ¦images and flash is important Our team has
the knack and the experience to give you the best possible result We can maintain your website
for you Why choose Exhilar Innovative Solutions? A Tailored Solution Exhilar\\\'s Web
Solutions are the of every our valued clients online with your objectives , our Web Solutions
ideas and makes them tangible , accessible your most valued asset the customer A CostEffective Solution Where campaigns can be costly , an and an ongoing expense , Exhilar\\\'s
Web Solutions are among effective marketing strategies available website measurable results
than television , print or radio , becomes chance about A Not only do Exhilar\\\'s customized
web each a great- looking , of contact valued consumer base , it also guarantees results the
market, competitive environment , and most suitable , highly-utilized search individual
products or brands , Exhilar\\\'s team strong search with Google , MSN only relevant to your
site As your their to customer demands , afford do the same? and your specific needs and
there\\\'s every reason Exhilar\\\'s Web Solutions your business ahead any
Materially Similar Sentences on our page
Web Page LET WHAT YOU HAVE IN MIND If you would like a proposal consultation, please
take a moment to complete this ¦form * Name : *Postcode: *Organisation: *Number of Staff :
Condition- Must have a minimum of 10 staff *Email: *Phone: Your website : Related website/s
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would like: CALL US ON 1800 09 69 69 CONNECT WITH EXA Home OUR WORK
TESTIMONIALS PRODUCTS BLOG CONTACT US CONNECT WITH EXA : Home / Exa Services
/ Web Page Web Page At Exa, is to improve yours ! As that more and more focusing their
attention online , it sense for do the same do you start ? Though the process can seem daunting
, Exa has the experience , and the staff to the our Web Page as the efficiency your business
smoothly as possible In business since 2000, Exa employs over 200 experienced, talented
online marketing experts to oversee all aspects of the website development process Boasting
a portfolio of over 1000 satisfied clients from a host of different industries, Exa is the trusted
web design and development To find out how an Exa Web Page can enhance contact us today
Why choose Exa? A Tailored Solution An Exa Web Page is the specific each one valued clients
Blending Exa\\\'s online with your objectives , an Exa Web Page ideas and makes them tangible
, accessible your ¦assetthe customer A Cost- Effective Solution Where campaigns can be costly
, an and an ongoing expense , an Exa Web Page is one of effective marketing strategies
available Because a website measurable ¦results than television , print or radio , ¦becomes
chance about A Driven Solution Using Web Magnet , our very own, patented Search
technology, not only do Exa\\\'s customised web each a great-looking , of contact valued
consumer base , it also guarantees results By market, competitive environment , and identifying
the most suitable , highly-utilised search individual products or brands , Exa\\\'s team strong
ranking with Google , MSN only relevant to your site As your their to customer demands ,
afford do the same? and your specific needs and there\\\'s every reason an Exa Web Page your
business ahead Schedule a free, no obligation consultation Call 1800 09 69 69 or contact us
today What our clients are saying Amelia Hinchcliffe, Ladelle Robert Coco, Security4Transit
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WHOIS Emails Summary
Email addresses for their host:
[email protected]
[email protected]
[email protected]
[email protected]
WHOIS Contact Information
Their host:
Array ( [regrinfo] => Array ( [domain] => Array ( [name] => exa.com.au [changed] => 2012-04-12 [sponsor] => TPP Wholesale
Pty Ltd [status] => ok [nserver] => Array ( [ns2.exadns.com] => 207.58.155.103 [ns3.exadns.co.in] => 205.234.146.46
[ns1.exadns.com.au] => 67.222.30.25 ) ) [owner] => Array ( [organization] => Exasites Pty. Ltd. [handle] => DIT-1568977 [name]
=> Peter Ball [email] => Visit whois.ausregistry.com.au for Web based WhoIs ) [tech] => Array ( [handle] => DIT-1568978 [name]
=> Peter Ball [email] => Visit whois.ausregistry.com.au for Web based WhoIs ) [registered] => yes ) [regyinfo] => Array (
[referrer] => http://www.aunic.net [registrar] => AU-NIC [servers] => Array ( [0] => Array ( [server] => whois.audns.net.au
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Modified: 12-Apr-2012 00:34:51 UTC [2] => Registrar ID: TPP Wholesale [3] => Registrar Name: TPP Wholesale Pty Ltd [4] =>
Status: ok [5] => [6] => Registrant: Exasites Pty. Ltd. [7] => Registrant ID: OTHER 093498876 [8] => Eligibility Type: Other [9]
=> [10] => Registrant Contact ID: DIT-1568977 [11] => Registrant Contact Name: Peter Ball [12] => Registrant Contact Email:
Visit whois.ausregistry.com.au for Web based WhoIs [13] => [14] => Tech Contact ID: DIT-1568978 [15] => Tech Contact Name:
Peter Ball [16] => Tech Contact Email: Visit whois.ausregistry.com.au for Web based WhoIs [17] => [18] => Name Server:
ns2.exadns.com [19] => Name Server: ns3.exadns.co.in [20] => Name Server: ns1.exadns.com.au [21] => Name Server IP:
67.222.30.25 ) ) - From 116.240.194.24: % [whois.apnic.net]
% Whois data copyright terms http://www.apnic.net/db/dbcopyright.html
% Information related to '116.240.0.0 - 116.240.255.255'
inetnum: 116.240.0.0 - 116.240.255.255
netname: M2TELECOMMUNICATIONS
descr: M2 Telecommunications Group Ltd
country: AU
admin-c: MN153-AP
tech-c: MN153-AP
mnt-by: APNIC-HM
mnt-lower: MAINT-AU-M2TELECOMMUNICATIONS
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status: ALLOCATED PORTABLE
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remarks: This object can only be updated by APNIC hostmasters.
remarks: To update this object, please contact APNIC
remarks: hostmasters and include your organisation's account
remarks: name in the subject line.
remarks: -+-+-+-+-+-+-+-+-+-+-+-++-+-+-+-+-+-+-+-+-+-+-+-+-+-+
changed: [email protected] 20070329
changed: [email protected] 20131029
source: APNIC
irt: IRT-PRIMUS-AU
address: L3 1 Alfred Circular Quay
address: Sydney NSW Australia
address: 2000
e-mail: [email protected]
abuse-mailbox: [email protected]
admin-c: JD29-AP
tech-c: JD29-AP
auth: # Filtered
mnt-by: MAINT-AU-M2TELECOMMUNICATIONS
changed: [email protected] 20110421
changed: [email protected] 20131031
source: APNIC
role: M2 NOC
address: Level 2, 20 Bridge Street
address: Sydney NSW 2000
country: AU
phone: +612 9423 2449
e-mail: [email protected]
admin-c: JD29-AP
tech-c: JD29-AP
nic-hdl: MN153-AP
mnt-by: MAINT-AU-M2TELECOMMUNICATIONS
changed: [email protected] 20131028
source: APNIC
% This query was served by the APNIC Whois Service version 1.69.1-APNICv1r0 (WHOIS2)
Summary of Metadata for www.exa.com.au_services_web_page.php -vwww.exhilaris.com_webservices.htmlCase 302.
Domain name ownership: Different ownership.
IP address allocation: Different host.
Citation, backlinks or author credit: None
Total same sentences: 69
Total similar sentences: 27
Overall_similarity: 80%
Alexa page rank: Not ranked
ISP/Host email addresses for DMCA pull-down notices: [email protected];
[email protected];[email protected]
[email protected]
[email protected]
[email protected]
.
Data reliability: Medium.
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
Mar 18, 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/services/web_page.php 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 Aug 15, 2009 (using the historical data located at the Internet Archive - see
attached affidavit); and
2. Utilizing the search query ""economic gain becomes less about chance and more about science""
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:
"economic gain becomes less about chance and more about science"
http://www.exhilaris.com/webservices.html
Apr 6, 2013
Because a website offers more measurable results than television, print or radio, economic gain
becomes less about chance and more about science.
on search results page: 1
recorded by me at: Tue Mar 18 2014 09:05:27 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"economic gain becomes less about chance and more about science"
http://www.exa.com.au/services/web_page.php
Mar 18, 2014
Removed fom google
on search results page: 0
recorded by me at: Tue Mar 18 2014 10:18:35 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_services_web_page.php -vwww.exhilaris.com_webservices.html Case 302.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
Mar 18, 2014
VIA POST AND EMAIL
Confluence Networks, Confluence Networks, , , , Virgin Islands, British
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/services/web_page.php 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 Aug 15, 2009 (using the historical data located at the Internet Archive - see
attached affidavit); and
2. Utilizing the search query ""economic gain becomes less about chance and more about science""
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:
"economic gain becomes less about chance and more about science"
http://www.exhilaris.com/webservices.html
Apr 6, 2013
Because a website offers more measurable results than television, print or radio, economic gain
becomes less about chance and more about science.
on search results page: 1
recorded by me at: Tue Mar 18 2014 09:05:27 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"economic gain becomes less about chance and more about science"
http://www.exa.com.au/services/web_page.php
Mar 18, 2014
Removed fom google
on search results page: 0
recorded by me at: Tue Mar 18 2014 10:18:35 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_services_web_page.php -vwww.exhilaris.com_webservices.html Case 302.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
Mar 18, 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/services/web_page.php 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 Aug 15, 2009 (using the historical data located at the Internet Archive - see
attached affidavit); and
2. Utilizing the search query ""economic gain becomes less about chance and more about science""
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:
"economic gain becomes less about chance and more about science"
http://www.exhilaris.com/webservices.html
Apr 6, 2013
Because a website offers more measurable results than television, print or radio, economic gain
becomes less about chance and more about science.
on search results page: 1
recorded by me at: Tue Mar 18 2014 09:05:27 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"economic gain becomes less about chance and more about science"
http://www.exa.com.au/services/web_page.php
Mar 18, 2014
Removed fom google
on search results page: 0
recorded by me at: Tue Mar 18 2014 10:18:35 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_services_web_page.php -vwww.exhilaris.com_webservices.html Case 302.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
Mar 18, 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/services/web_page.php 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 Aug 15, 2009 (using the historical data located at the Internet Archive - see
attached affidavit); and
2. Utilizing the search query ""economic gain becomes less about chance and more about science""
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:
"economic gain becomes less about chance and more about science"
http://www.exhilaris.com/webservices.html
Apr 6, 2013
Because a website offers more measurable results than television, print or radio, economic gain
becomes less about chance and more about science.
on search results page: 1
recorded by me at: Tue Mar 18 2014 09:05:27 GMT+1030
3. Proof of the owner's priority is visible using the same query at www.google.com:
"economic gain becomes less about chance and more about science"
http://www.exa.com.au/services/web_page.php
Mar 18, 2014
Removed fom google
on search results page: 0
recorded by me at: Tue Mar 18 2014 10:18:35 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_services_web_page.php -vwww.exhilaris.com_webservices.html Case 302.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: Mar 18, 2014
SIGNED:
S. L. Moignard BA LLB Grad Dip (Inf Tech)
© Copyright 1996-2013 The Author's Trust. All Rights Reserved.