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Cease and Desist letter I recieved

From: Shannon Vandorn [mailto:[email protected]]
Sent: Thursday, March 21, 2002 6:52 PM
To: [email protected]
Cc: Eric Besner; Barry Gordon
Subject: THUG ANGEL

May 16, 2000


vcdquality.com

Re: Cease & Desist TUPAC SHAKUR: THUG ANGEL

To Whom It May Concern:

As Counsel for Image Entertainment, Inc. (“Image”), I am writing this letter
to you regarding the TUPAC SHAKUR: THUG ANGEL documentary (the “Product”)
that you are illegally depicting and distributing via your web site. Your
unauthorized use not only infringes upon Image’s exclusive distribution
rights to the Product but infringes upon QD3 Entertainment’s (“QD3”)
copyright in the Product and the estate of Tupac Shakur’s rights of
publicity in and to Tupac’s name, image and likeness.

The copyright in the Program is currently held by QD3, Image’s exclusive
licensor, and is enforceable by Image and QD3 under law. Furthermore, per
this obtuse statement posted on your website: “I know some of you want to
see this shit, so i figured I share it. So enjoy...It before its late april
release on dvd... INTERNAL Send Out to your peeps if they want it other then
that this internal.. THANKS Quincy for the fast supply......Nice way to
start off your companys first release..” you admit that you are willfully
infringing upon QD3’s copyright in and to the Program. Willful infringement
carries treble damages under federal law.

Additionally, your use subjects you to claims by Image and QD3 for the
following: trademark infringement, trade dress infringement, unfair
competition claims under the Lanham Act, defamation, libel, violation of the
estate of Tupac Shakur’s rights of publicity, and further acts of copyright
infringement (i.e., unauthorized use of photos and music).

Demand is made that you immediately cease and desist distributing,
downloading and selling the Product and that you remove its depiction from
your web site. Image further demands a complete and up-to-date accounting
of all monies you have derived from the Product, including, but not limited
to sales and revenues.

If written confirmation is not received within two business days of receipt
of this letter that you have complied with our demands, Image will take any
and all actions necessary to enforce its rights under law or equity.

Sincerely,


Shannon Van Dorn, Esq.

cc: QD3

vcdquality.com's reply

I believe that you have mistaken the purpose of my webpage, my webpage is merely an online news site, I only report on what various groups have released on the internet. No-one can download or buy anything from my webpage. Anyone asking where to get anything listed on my webpage is told to read the text at the bottom of the main page that clearly states "This is a release news site only. It is impossible to download anything except jpeg samples from this site. Please DO NOT e-mail me asking where/how to download/buy anything mentioned on this site." There is nothing on my site that I am aware of that could possibly be considered any type of copyright infringement. Furthermore that 'obtuse statement' posted on my website was not said by the management of this website or its staff but was said by the 'warez' group who released your movie on the internet...

>Demand is made that you immediately cease and desist distributing,
>downloading and selling the Product and that you remove its depiction from
>your web site. Image further demands a complete and up-to-date accounting
>of all monies you have derived from the Product, including, but not limited
>to sales and revenues.

Like I stated previously in this letter I am not distributing nor selling any product on my website. As I am not selling anything I cannot provide you with accounting information.

Please feel free to contact me if you have any further questions on this matter, Thanks
-Gerard D.
Webmaster & vcdquality.com

They are just blowing smoke! but that is what layers do so..

__________________

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]=- -=[ Twenty-eight days... six hours... forty-two minutes... twelve seconds. That... is when the world... will end. ]=-

www.pazcorp.org

"Geeet out of my shopp you muttha bitcheees!!!!"

i had a similar letter when i tried to selled a AzN silver on eBay a few years ago.. was told to send the discs n stuff.. i kindly replied that without the discs they had no evidence, so i wouldn't be sending them. never heard from em again da pHo 1 - Universals lawyers 0

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563-773-1880

<Dwaggy> i caught you a delicious Bass
<The404> This is because you are an idiot

You should've replied:

Hello, in response to your letter, I'd like you to bend over and lick my nuts. Yes, you heard me, lick my nuts. Good day.

Oh ya, that would have went over real well, lol.

One of my friends recieved one of those the other day, it was pretty wicked...

__________________

"Where can I download TheChosenFew version of 8 mile? I dont use irc, its too complicated, i need simplicity" - XeroFightsAlone

quote:

---

Originally posted by Nitrotica
You should've replied:

Hello, in response to your letter, I'd like you to bend over and lick my nuts. Yes, you heard me, lick my nuts. Good day.

---

Nothing to worry about... I bet you they'll forget about you. I used to get E-mails from Infopop (Ultimate Bulletin Board) every month... they never did anything... and It may have been possible to get thier script from me site...