Re: Notice of Copyright Infringement ? RealPornWikileaks.com
Dear Cirtex/Sean Tompkins:
This letter is an official notification under provisions of section 512(c) of the U.S. Digital Millennium Copyright Act (? DCMA? ) to effect the immediate removal of the detected infringement published on the website http://therealpornwikileaks.
My client, Terry Gene Bollea, professionally known as ? Hulk Hogan? (? Mr. Bollea? ), owns the copyright to the video footage (? Video? ) from which the images (? Images? ) published on the Infringing Website, at the URL identified above, were taken. Enclosed herewith as Exhibit B is proof of Mr. Bollea? s ownership of the copyright. The Infringing Content includes the Images and a graphic textual description of the content of the Images at the URL above. The Video was originally created without Mr. Bollea? s knowledge or consent, and Gawker Media acquired and published the Video, also without Mr. Bollea? s knowledge or consent. Gawker Media? s unauthorized actions constitute an infringement of Mr. Bollea? s rights. Mr. Bollea has filed a lawsuit against Gawker Media for damages and injunctive relief, based upon Gawker? s publication of the Video and textual description. Enclosed herewith as Exhibit C is a copy of Mr. Bollea? s operative complaint. Judge Pamela Campbell in the Florida state court has issued an injunction prohibiting the publication of the Video and Images, as well as an accompanying graphic narrative of the Video. A copy of Judge Campbell? s injunction order is enclosed herewith as Exhibit D.
The Infringing Website has published the Images from the Video with an accompanying graphic textual description. Such publication constitutes an infringement of Mr. Bollea? s copyright and other rights.
As you are no doubt aware, the hosting provider of an infringing website may be held liable for violation of copyright laws. Pursuant to the Ninth Circuit? s recent holding in Louis Vuitton Malletier S.A. v. Akanoc Solutions, Inc., 658 F.3d 936 (9th Cir. 2011), website hosting providers may be held liable for contributory copyright infringement merely by providing an infringing website with server space. Id. at 943-944.
On April 30, 2013, my firm sent the owners of the Infringing Website a cease and desist letter, a copy of which is enclosed as Exhibit E. We also sent follow up communications to the Infringing Website since that date, but no response has been received and the content remains online. We write this letter to you as hosting provider of the Infringing Website in the absence of such reply and/or remedial action.
As the hosting provider for the Infringing Website, we hereby demand that you immediately remove or block access to the Infringing Content, as specified in the DMCA, and ensure that the operators of the Infringing Website refrain from using or sharing with others any of the Infringing Content in the future.
I hereby swear under penalty of perjury under the laws of the United States that this law firm is authorized to represent Terry Gene Bollea p/k/a ? Hulk Hogan? , the owner of the copyrights relevant hereto, and that the information set forth herein is accurate.
Please confirm in writing within forty-eight (48) hours of your receipt of this demand that the foregoing demands will be met and complied with.
Nothing in this letter shall serve as a waiver of my client? s rights, remedies or claims against you or any other responsible parties, all of which are expressly reserved.
Very truly yours,
HARDER MIRELL & ABRAMS LLP
Hulk Hogan is committing Internet genocide on his sex tape … systematically seeking out and removing ALL copies of the XXX footage from the web, TMZ has learned.
Hulk recently obtained a temporary restraining order against Gawker Media, banning the website from displaying excerpts from his infamous sex tape with Bubba the Love Sponge‘s ex-wife.
Gawker agreed to remove the video — at least for the time being — and now, we’ve learned Hulk is trying use the restraining order to force every other website on the planet to remove the footage too.
To prove Hulk means business, we’ve obtained one of the letters sent by Hogan’s attorney to TheDirty.com — which posted screenshots of the sex footage several times last year — and it’s pretty aggressive.
If The Dirty doesn’t remove the images ASAP, Hulk’s lawyer says he’ll take drastic legal action to make sure the website complies. FYI, The Dirty hasn’t done squat yet.
And Hulk might be fighting a losing battle — because once something’s on the Internet, it’s pretty much there to stay. Forever.
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