Legal/Infringement Notices

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Here are DMCA, trademark infringement, and other related notices Mozilla has received. We are in the process of posting these notices now, so these aren't all of the ones we've received.


VIA E-MAIL (dmcanotice@mozilla.com)

March 17, 2010


Re: Unauthorized Use of NBA Intellectual Property


To Whom It May Concern:

I write on behalf of NBA Properties, Inc. (“NBAP”) in connection with the unauthorized use of intellectual property belonging to the National Basketball Association (the “NBA”) and its member teams used prominently in FireFox personas (“the Infringing Content”).

NBAP maintains the exclusive worldwide right to license for commercial and promotional purposes all intellectual property of the NBA and its member teams, including but not limited to, the words, names, nicknames, identifying slogans, symbols, emblems, uniform designs, logos, game action photographs, game action video, trade dress colors, and other identifications of the NBA and its member teams, including the Los Angeles Lakers and Miami Heat (collectively, “NBA Intellectual Property”). No commercial use can be made of NBA Intellectual Property without the prior written consent of NBAP.

The Infringing Content features NBA Intellectual Property, including, the NBA and its member teams logos.

The Infringing Content is being made available for download without authorization at:

L.A. Lakers V1.0
http://www.getpersonas.com/en-US/persona/76763

Detroit Pistons NBA Revised
http://www.getpersonas.com/en-US/persona/81530

Los Angeles Lakers
http://www.getpersonas.com/en-US/persona/87858

Boston Celtics NBA
http://www.getpersonas.com/en-US/persona/91188

NBA Chicago Bulls
http://www.getpersonas.com/en-US/persona/99424

Detroit Pistons NBA v2
http://www.getpersonas.com/en-US/persona/95489

the los angeles lakers
http://www.getpersonas.com/en-US/persona/105620

NBA True Blue
http://www.getpersonas.com/en-US/persona/102005

NBA Team Shirts
http://www.getpersonas.com/en-US/persona/107699

sct nba
http://www.getpersonas.com/en-US/persona/116166

Accordingly, we ask that you immediately remove the unauthorized use of NBA Intellectual Property on or in connection with the Infringing Content, including the immediate removal of the themes from the FireFox website.

I have good faith that use of the material in the manner complained of is not authorized by the NBA, NBA Properties, Inc, its agents or the law, and that the
information in this notice is accurate.

I declare under penalty or perjury under the laws of the United States of America that I am authorized to act on behalf of all the aforementioned entities.

If you have any questions, please contact me and the information provided above.

Sincerely,

Ayala Deutsch
Senior Counsel & Chief Intellectual Property Chief
NBA Properties, Inc.
645 Fifth Avenue
New York, NY 10022
Email: dmca@nba.com


BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Reference ID No. 14-20878082

You are being contacted on behalf of NBC Universal and its affiliates ("NBC Universal") because your Internet account was identified as having been used recently to illegally copy and/or distribute the copyrighted movies and/or television shows listed at the bottom of this letter. This notice provides you with the information you need in order to take immediate action that can prevent serious legal and other consequences. These actions include:

1. Stop downloading or uploading any film or TV shows owned or distributed by NBC Universal without authorization; and

2. Permanently delete from your computer(s) all unauthorized copies you may have already made of these movies and TV shows.

The illegal downloading and distribution of copyrighted works are serious offenses that carry with them the risk of substantial monetary damages and, in some cases, criminal prosecution.

Copyright infringement also violates your Internet Service Provider's terms of service and could lead to limitation or suspension of your Internet service.

An industry website, www.respectcopyrights.org, offers step-by-step instructions to ensure that your Internet account is not being used to violate the copyright laws. The site also can point you to an array of legal choices for enjoying movies and TV shows online. You can also learn there how movie theft damages our economy and costs thousands of Americans their jobs.

If, after visiting www.respectcopyrights.org you still have questions, or if you believe you have received this notice in error, you may contact NBC Universal by email at antipiracy@nbcuni.com or by calling (818) 777-4876. Please cite the Reference ID noted at the top of this letter in the subject line of any email or voicemail you may leave. You should take immediate action to prevent your Internet account from being used for illegal activities. Today, there are many ways to enjoy movies and TV programs legally.

The undersigned has a good faith belief that use of the NBC Universal Property in the manner described herein is not authorized by NBC Universal, its agent or the law. The information contained in this notification is accurate. Under penalty of perjury, the undersigned is authorized to act on behalf of NBC Universal with respect to this matter.

This letter is not a complete statement of NBC Universal's rights in connection with this matter, and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defense, all of which are expressly reserved.

Sincerely,

Mark Ishikawa
CEO, BayTSP inc.
c/o NBC Universal Anti-Piracy Technical Operations
100 Universal City Plaza
Universal City, CA 91608

tel. (818) 777-4876
fax (818) 866-2026
antipiracy@nbcuni.com


*pgp public key is available on the key server at http://pgp.mit.edu

    • For any correspondence regarding this case, please send your emails to antipiracy@nbcuni.com and refer to Notice ID: 14-20878082. If you need immediate assistance or if you have general questions please call the number listed above.


Title: Couples Retreat
Infringement Source: BitTorrent
Initial Infringement Timestamp: 13 Mar 2010 03:04:53 GMT
Recent Infringement Timestamp: 13 Mar 2010 03:04:53 GMT
Infringing Filename: Couples Retreat[ENG]DVDrip[2009]-aXXo.avi
Infringing File size: 714080258
Infringers IP Address: 63.245.220.224
Infringers DNS Name: guest-224.mv.mozilla.com
Bay ID: adbde0ca3a3a351c3043417f9be060a21bfb6585|714080258
Port ID: 13974


- ---Start ACNS XML
<?xml version="1.0" encoding="iso-8859-1"?>

<Infringement xmlnssi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="http://mpto.unistudios.com/xml/Infringement_schema.xsd">
<Case>
<ID>20878082</ID>
<Status>Open</Status>
</Case>
<Complainant>
<Entity>NBC Universal</Entity>
<Contact>Mark M. Ishikawa, c/o NBC Universal Anti-Piracy Technical Operations</Contact>
<Address>100 Universal City Plaza, Universal City, California 91608 United States of America</Address>
<Phone>818-777-4876,818-866-2026</Phone>
<Email>antipiracy@nbcuni.com</Email>
</Complainant>
<Service_Provider>
<Entity>Mozilla Corporation</Entity>
<Address></Address>
<Email>dmcanotice@mozilla.com</Email>
</Service_Provider>
<Source>
<TimeStamp>2010-03-13T03:04:53.000Z</TimeStamp>
<IP_Address>63.245.220.224</IP_Address>
<Port>13974</Port>
<DNS_Name>guest-224.mv.mozilla.com</DNS_Name>
<Type>BitTorrent</Type>
<UserName></UserName>
<Number_Files>1</Number_Files>
<Deja_Vu>No</Deja_Vu>
</Source>
<Content>
<Item>
<Title>Couples Retreat</Title>
<FileName>Couples Retreat[ENG]DVDrip[2009]-aXXo.avi</FileName>
<FileSize>714080258</FileSize>
<URL>http://tracker.publicbt.com:80/announce</URL>
</Item>
</Content>
</Infringement>
- ---End ACNS XML
-----BEGIN PGP SIGNATURE-----
Version: 8.0

iEYEARECAAYFAkuesF4ACgkQvmTY1IeHkqERugCgoJAtVip9fLD5utT5ja+CN24C
syYAoKUotvC7YhaQeLyRaNA0AyIpIVL3
=bkgz
-----END PGP SIGNATURE-----

Electronic Notice of Claimed Infringement

Date: 03/12/10

Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041
Email: dmcanotice at mozilla dot com
Phone Number: 650-903-0800
Fax: 650-903-0875

Dear Mozilla:

I, the undersigned, state UNDER PENALTY OF PERJURY that

  • I am, the owner, or an agent authorized to act on behalf of the owner,
    of certain intellectual property rights ("IP Owner");
    * I have a good faith belief that the listings identified below offer items
    or contain materials that are not authorized by
    the IP Owner, its agent, or the law, and therefore infringe the IP
    Owner's rights; and
    * The information in this notice is accurate.

Please act expeditiously to remove the listings identified in the
addendum.

I May Be Contacted At
Name of IP Owner: Al Rio Art
Name and Title: Terry Maltos - Owner
Company: Big T Productions, Inc.
Address: 1340 Barnsley Walk
City, State, and Zip:* Snellville, GA 30078
Email address: terry@alrioart.com
Telephone: 770-978-9425

Work(s) infringed:
Marvel Villians by Al Rio
http://www.getpersonas.com/en-US/persona/71788

As taken from our web site here:
http://alrioart.com/details.php?image_id=2165


Truthfully,

/S/: Terry Maltos


CAMERAPRESS

21 Queen Elizabeth Street

London SE1 2PD

+44 (0) 20 7378 1300

12th march 2010

We are writing re image of PIXIE LOTT By perou you have downloadable
on your Firefox Personas site. This image is copyright Perou and is licensed via
Camera Press and can only be placed anywhere with Pixie Lott’s agent’s request..

Your site is thereby infringing copright laws by displaying it and making it downloadable.
Such a use would require both the photographer and the sitter’s permission and it has not
been neither requested nor given.

Please now remove the image from your sight and inform the people who have downloaded it to do the same. The image is displayed at
http://www.getpersonas.com/en-US/gallery/Fashion

If you can forward me the details of the person who illegally supplied theimage
To your site I would be grateful..

I believe in good faith that the use of the material (Pixie Lott) infringes our copyright and is not authorized by law, nor by the copyright owner, nor by ourselves who are the owner's agent; and,
that all the information contained in my DMCA Notice is accurate, and under penalty of perjury, I confirm that I am authorized to act on behalf of the photographer Perou whose exclusive copyright right is being infringed.

Sincerely

Jacqui Ann Wald
Editorial Director

DCMA Notice

Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041

DCMA Notice :

I, Lauren Bavin am the original artist and copyright holder of the following products
Beyond Twilight Value Collection and Still Waters Page Kit .

These products have been used without permission in Firefox Personas located
https://www.getpersonas.com/en-US/persona/122106
and https://www.getpersonas.com/en-US/persona/120915
by User Lala2010

I believe in good faith that the use of this material infringes my copyright is not authorized by law, that all of the information contained in myDMCA Notice is accurate, and under penalty of perjury, that you am the owner of the exclusive copyright right that is being infringed.

My contact details are

Lauren Bavin
[street address removed]
Birkenhead
Auckland 0626
New Zealand
Ph [phone number removed]
email : lauren@digitalscrapbookplace.com


Lauren Bavin
Head Designer
Digital Scrapbook Place Inc.
http://www.digitalscrapbookplace.com


DMCA Notice of Alleged Infringement ("Notice")
----------------------------------------------

I wish to report the unauthorised modification and upload of five of my
original artworks to Mozilla's getpersonas.com which I alone created and
for which I hold the sole copyright.

The images in question are listed below with links to the original
material in my Deviant Art gallery (where my username is Velvet--Glove
and from which the original images were taken) followed by links to
the infringing images on getpersonas.com. All images were taken by user
"candelora", modified for use as a "Persona" and added to
getpersonas.com, all without my knowledge or consent.


1. Original:
http://velvet--glove.deviantart.com/art/Butterfly-Dance-107549305.
Copy:
http://www.getpersonas.com/en-US/persona/76107


2. Original:
http://velvet--glove.deviantart.com/art/Daisy-Chain-131731417
Copy:
http://www.getpersonas.com/en-US/persona/103002


3. Original:
http://velvet--glove.deviantart.com/art/Secret-Garden-123780961
Copy:
http://www.getpersonas.com/en-US/persona/85368


4. Original:
http://velvet--glove.deviantart.com/art/Aurora-104404913
Copy:
http://www.getpersonas.com/en-US/persona/85556


5. Original
http://velvet--glove.deviantart.com/art/In-Flanders-Fields-102641939
Copy:
http://www.getpersonas.com/en-US/persona/84695


My full legal name and contact details are as follows:
Name: Christine-Ann Martin
Address: [street address removed], Beeston, Nottingham, NG9 6LS, UK
Tel: (Private - can be supplied on request if necessary)
Email: CAM1@shadoworld.co.uk

I hereby state that I have a good faith belief that the disputed use of
the copyrighted material is not authorized by the copyright owner, its
agent, or the law (e.g., as a fair use).

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

I sincerely hope that you will remove these images from your servers as
soon as possible.

Yours sincerely,

Christine-Ann Martin

NB. See attached image for electronic copy of my physical signature


Digital Millennium Copyright Act Notice
Harvey Anderson
Mozilla Corporation
650 Castro Street, Suite 300
Mountain View, CA 94041

Dear Harvey Anderson,

I notify under mentioned website infringes copyright of "Eijiro". On behalf of ALC PRESS
INC. as Eijiro's copyright agent authorized by the copyright owner, I request you to take
reasonable action as soon as possible.

Website: hUps://addons.mozilla.org/ja/firefox/addon/8688

At the above website "Eijiro" was illegally copied

I believe in good faith that the use of "Eijiro" that I claim infringes our copyright is not
authorized by law, or by ALC PRESS INC. All of the information contained in my DMCA
Notice is accurate, and under penalty of perjury, that I am a person authorized to act on
behalf of an owner of, the the exclusive copyright right that is being infringed.

Regards,
K.Saga
Director
ALC PRESS INC.
2-54-12, Eifukucho, Suginami-ku,
Tokyo, 168-8611 JAPAN
Tel: 03-3323-1275
Fax: 03-3323-0433
e-mail: saga@alc.co.jp

February 16, 2010

To: dmcanotice@mozilla.com

From: Danielle Tetreault, Copyright Manager for Up Your Art

Re: Copyright Infringement

The following persona was created using the artwork of Studio 43, http://www.getpersonas.com/en-US/persona/33855. This image contains artwork which is licensed and copyright protected through our company, the artist has a signed contract and being a legal representative of said artists, it is in my power to request immediate removal of the persona created and being shared. The art in question can be seen on our website at www.upyourart.com under the artist’s name.

I state that I believe in good faith that the use of the material that I claim infringes our copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that I am either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.

Thank you for your immediate attention in this matter,


Danielle Tetreault

Copyright Manager

violations@upyourart.com

UpYourArt

5042 State Park Rd

Lockhart, TX 78644

512-227-1111


Dear Mr. Anderson,
My name is Lugene Christner, and I recently found a work of mine submitted to you as a persona by kazzoom, and the persona is named Dragon Eye. The url for the stolen work is http://www.getpersonas.com/en-US/persona/26723. This apparently was submitted on 6/2/2009. The original work by me can be found at http://pumakitten.deviantart.com/art/Nightwing-68572538, with watermark and copyright and disclamer that this is not to be used without permission.

The person who submitted this never asked me for it. This work was made as a wall paper pack, and also contains the disclaimer as follows :My gallery and images contained in it are Copyright ©2007-2008 Pumakitten. All rights reserved. All the materials contained in my deviantART gallery do not belong to the public domain. All downloads made available are for peronal use only and may not be posted, reproduced, copied, edited, published, transmitted, borrowed, duplicated, printed, in whole or part, on or to any other site for any reason without my express written permission. Copying or using my work for other than personal use is prohibitied.

My contact information is as follows:
Lugene Christner
[street address removed]
Monongah, WV. 26554
Phone: [phone number removed]
email: pumakitten@comcast.net

I Lugene Christner do believe in good faith that the use of the materialdescribed above infringes your copyright is not authorized by law, or by the copyright owner (me) or such owner's agent; and, that all of the information contained in my DMCA Notice is accurate, and under penalty of perjury, that I, Lugene Christner am the owner of, the exclusive copyright right that is being infringed.

I would most appreciate it if you could remove the persona from the gallery. Thank you for your time. Sincerely,
Lugene Christner

Mr. Anderson,

My name is Ab Kuenzli. I go by "Bud". I am a professional photographer residing in North Pole, Alaska. I am a retired high school teacher/principal/technology manager. Three new Firefox Personas use cropped portions of a famous image of mine.

One Persona is found at https://addons.mozilla.org/en-US/firefox/persona/47422. You can see this is a crop of a famous image of mine found at http://apod.nasa.gov/apod/ap071009.html . That image has been licensed by me in the past and has monetary value. The Persona is a crop of a section of the upper right area that includes the Pleides constellation.

The second Persona is actually another crop of the same image. You will see https://addons.mozilla.org/en-US/firefox/persona/15826 is a crop of the above apod.nasa image which was then reversed (flipped horizontally). This Persona crops from the left middle area and extends to catch the meteor and beyond; it is cropped and flipped.

The THIRD Persona takes from the same image yet again! https://addons.mozilla.org/en-US/firefox/persona/34771 is a crop from the right middle of my original image.


You can see further examples of my work at http://www.pbase.com/santa. That web page includes the image in question, whose original file name is _V5U9211. This image is possibly my most famous image due to the wide recognition the NASA Astronomy Picture of the Day has throughout the world. At http://www.pbase.com/santa/aurora you might note a comment by Katherine Lewis from Oct. 19, 2008 that lends further evidence of the existence of this image on my personal web site.

The NASA Astronomy Picture of the Day creates a DVD of honored images. They also publish a list of copyright holders. You will find my name listed at http://teacherlink.ed.usu.edu/tlnasa/reference/ImagineDVD/Files/apod/apod/lib/copyright_holders.html . My only copyright with APOD is for the NASA Astronomy Picture of the Day in question as linked above.

In all good faith I believe the above three images as linked are cropped portions of _V5U9211 of which I am the original photographer and owner of the copyright and as such each of the three images in question infringe on my copyright. All of the information contained in this DMCA Notice is accurate. I so state under penalty of perjury.

I do not know if I am supposed to contact or try to contact these offenders. I await your response on this matter. Thank you.

I am,

Ab (bud) Kuenzli
Digiview Productions
[street address removed]
North Pole, Alaska 99705
[telephone number removed]
kuenzli@gci.net


Included below is my electronic signature. A bit large. My apologies for that.

--
Bud Kuenzli

In cyberspace when you get where you're going you still don't know where you are - Bud Kuenzli


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