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Web Sheriff
Protecting Your Rights on the Internet
Tel 44-(0)208-3238013 / Fax 44-(0)208-3238080
websheriff@websheriff.com www.websheriff.com
STRICTLY PRIVATE & CONFIDENTIAL
ATTENTION ADDRESSEES ONLY
COPYRIGHT PRIVILEGED COMMUNICATION
& WITHOUT PREJUDICE (SAVE AS TO COSTS)
Dear Sir,
Please be advised that Web Sheriff represents the Domino Records and the artists professionally know as ‘Franz Ferdinand’ in relation to the above captioned matter, as their on-line, intellectual property rights agents.
It has been brought to our said client’s attention that your web-site (situated at rslog.net and hereinafter referred to as the “Infringing Site”) has published and is digitally distributing an unreleased album by Franz Ferdinand, entitled “Tonight” and that is not due to be released by Domino Records until the end of January (hereinafter referred to as the “Infringing Material”). As you will appreciate, your activities in distributing the Infringing Material via the Infringing Site are causing considerable, commercial and other damage to our clients – in particular as the Infringing Site is currently a primary, global leak-source for the Infringing Material - as such, the Infringing Site and, equally, all of its officers and administrators are liable to our client in damages.
That having been said, we would invite you to simply remove the Infringing Material (and all external links thereto) immediately, whereupon our client would consider not pursuing their claims further. Should you fail to immediately remove the Infringing Material, however, (a) Web Sheriff shall be obliged to take direct action to have your web-site taken off line and (b) our clients’ litigation lawyers, attorneys, solicitors and advocats shall also be obliged to take all necessary action (via the Courts and on a multi-jurisdictional basis) to seek legal redress for our client in this matter.
In view of the very serious nature of this matter, we must insist that you revert to us by return, with confirmation of the above request (or otherwise – as applicable). In this regard, we must also insist upon separate confirmation from all other owners, officers and admins of the Infringing Site as, clearly, there would be a conflict-of-interest between you should this matter proceed to litigation / enforcement and damages actions in the Courts. Similarly, should you / your colleagues be unwilling or otherwise unable to comply with the our, in the circumstances, very reasonable request, we must ask that each owner, officer and admin of the Infringing Site provide us - by return - with the names and addresses of the (again separate) Russian lawyers, German lawyers, Dutch, lawyers, US attorneys, UK solicitors, and French advocats whom you respectively intend to instruct in relation to this matter, for the purposes of accepting the service of the proceedings that our clients’ appointed litigation lawyers, attorneys, solicitors and advocats would issue against - inter alia – the Infringing Site and its owners, officers and admins on behalf of our client in such an event. Naturally, however, we trust that such a course of action shall not prove to be necessary and that common-sense (on your part) shall prevail.
Whilst writing, we would strongly advise you against communicating or otherwise 'posting' any correspondence and / or remarks to third parties that could, in any way, be construed as being defamatory of officers of Domino Records and / or Franz Ferdinand or which could otherwise constitute a malicious falsehood injurious to our clients’ business interests. We would further advise you that this e-mail / communication is both confidential, without prejudice (save as to Court costs) and the copyright of Web Sheriff and that, accordingly, any publication and / or communication to third parties (other than, of course, your legal representatives) is prohibited and would be actionable : furthermore and for the avoidance of doubt, Web Sheriff cannot be held liable for the consequences of the publication and / or communication of this e-mail to third parties in circumstances where such publication and / or communication originated from you and / or parties acting in unison with you.
Further reference is hereby made to the European E-Commerce Directive and the UK’s subsidiary E-Commerce Regulations, pursuant to which any business (whether an individual or a company or any other, legal entity) trading through a web-site is legally obliged to provide (a) the full name and legal-entity details of the proprietor of the business / web-site and (b) the full address and contact details of the business. The failure to comply with the Regulations is criminal offence. Again strictly without prejudice to our clients’ accumulated rights and remedies in this matter, we would invite your further, immediate, written explanation as to why you appear to have failed to comply with the said regulations, even though your web-site trades in / is published in the EU).
As you will appreciate, this e-mail – containing, as it does, a position that is potentially prejudicial to our client’s open / formal position – is written on a without prejudice basis (again save as to costs) and, as such, all of our clients’ accumulated, worldwide rights and civil and criminal remedies – including, but not limited to, the right to apply for injunctive relief, damages, costs and interest on a multi-jurisdictional basis, the right to cite further infringements by you, the right to subpoena all historical records relating to the Infringing Site and the Infringing Material and the right to report your activities to the appropriate, regulatory authorities (all as applicable), together with the right to join and / or institute proceedings against your ISP and your domain maintainer for, inter alia, knowingly hosting the Infringing Site and the Infringing Material respectively - are hereby strictly reserved : please excuse this required formality which, hopefully, we shall soon be able to dispense with.
Once again, we shall look forward to hearing from you by return and, in all of the circumstances, trust that you shall comply with this request.
Yours Faithfully ,
WEB SHERIFF
Protecting Your Rights on the Internet
Tel 44-(0)208-3238013 / Fax 44-(0)208-3238080
websheriff@websheriff.com www.websheriff.com
STRICTLY PRIVATE & CONFIDENTIAL
ATTENTION ADDRESSEES ONLY
COPYRIGHT PRIVILEGED COMMUNICATION
& WITHOUT PREJUDICE (SAVE AS TO COSTS)
Dear Sir,
Please be advised that Web Sheriff represents the Domino Records and the artists professionally know as ‘Franz Ferdinand’ in relation to the above captioned matter, as their on-line, intellectual property rights agents.
It has been brought to our said client’s attention that your web-site (situated at rslog.net and hereinafter referred to as the “Infringing Site”) has published and is digitally distributing an unreleased album by Franz Ferdinand, entitled “Tonight” and that is not due to be released by Domino Records until the end of January (hereinafter referred to as the “Infringing Material”). As you will appreciate, your activities in distributing the Infringing Material via the Infringing Site are causing considerable, commercial and other damage to our clients – in particular as the Infringing Site is currently a primary, global leak-source for the Infringing Material - as such, the Infringing Site and, equally, all of its officers and administrators are liable to our client in damages.
That having been said, we would invite you to simply remove the Infringing Material (and all external links thereto) immediately, whereupon our client would consider not pursuing their claims further. Should you fail to immediately remove the Infringing Material, however, (a) Web Sheriff shall be obliged to take direct action to have your web-site taken off line and (b) our clients’ litigation lawyers, attorneys, solicitors and advocats shall also be obliged to take all necessary action (via the Courts and on a multi-jurisdictional basis) to seek legal redress for our client in this matter.
In view of the very serious nature of this matter, we must insist that you revert to us by return, with confirmation of the above request (or otherwise – as applicable). In this regard, we must also insist upon separate confirmation from all other owners, officers and admins of the Infringing Site as, clearly, there would be a conflict-of-interest between you should this matter proceed to litigation / enforcement and damages actions in the Courts. Similarly, should you / your colleagues be unwilling or otherwise unable to comply with the our, in the circumstances, very reasonable request, we must ask that each owner, officer and admin of the Infringing Site provide us - by return - with the names and addresses of the (again separate) Russian lawyers, German lawyers, Dutch, lawyers, US attorneys, UK solicitors, and French advocats whom you respectively intend to instruct in relation to this matter, for the purposes of accepting the service of the proceedings that our clients’ appointed litigation lawyers, attorneys, solicitors and advocats would issue against - inter alia – the Infringing Site and its owners, officers and admins on behalf of our client in such an event. Naturally, however, we trust that such a course of action shall not prove to be necessary and that common-sense (on your part) shall prevail.
Whilst writing, we would strongly advise you against communicating or otherwise 'posting' any correspondence and / or remarks to third parties that could, in any way, be construed as being defamatory of officers of Domino Records and / or Franz Ferdinand or which could otherwise constitute a malicious falsehood injurious to our clients’ business interests. We would further advise you that this e-mail / communication is both confidential, without prejudice (save as to Court costs) and the copyright of Web Sheriff and that, accordingly, any publication and / or communication to third parties (other than, of course, your legal representatives) is prohibited and would be actionable : furthermore and for the avoidance of doubt, Web Sheriff cannot be held liable for the consequences of the publication and / or communication of this e-mail to third parties in circumstances where such publication and / or communication originated from you and / or parties acting in unison with you.
Further reference is hereby made to the European E-Commerce Directive and the UK’s subsidiary E-Commerce Regulations, pursuant to which any business (whether an individual or a company or any other, legal entity) trading through a web-site is legally obliged to provide (a) the full name and legal-entity details of the proprietor of the business / web-site and (b) the full address and contact details of the business. The failure to comply with the Regulations is criminal offence. Again strictly without prejudice to our clients’ accumulated rights and remedies in this matter, we would invite your further, immediate, written explanation as to why you appear to have failed to comply with the said regulations, even though your web-site trades in / is published in the EU).
As you will appreciate, this e-mail – containing, as it does, a position that is potentially prejudicial to our client’s open / formal position – is written on a without prejudice basis (again save as to costs) and, as such, all of our clients’ accumulated, worldwide rights and civil and criminal remedies – including, but not limited to, the right to apply for injunctive relief, damages, costs and interest on a multi-jurisdictional basis, the right to cite further infringements by you, the right to subpoena all historical records relating to the Infringing Site and the Infringing Material and the right to report your activities to the appropriate, regulatory authorities (all as applicable), together with the right to join and / or institute proceedings against your ISP and your domain maintainer for, inter alia, knowingly hosting the Infringing Site and the Infringing Material respectively - are hereby strictly reserved : please excuse this required formality which, hopefully, we shall soon be able to dispense with.
Once again, we shall look forward to hearing from you by return and, in all of the circumstances, trust that you shall comply with this request.
Yours Faithfully ,
WEB SHERIFF
as you can see, this is a classic request for takedown. the problem is, they didnt even bother to type RLSLOG domain correctly and used "rslog.net" instead, which is not my site.
so i wrote it to them:
Quote
Dear Web Sheriff,
rslog.net is not my site.
rslog.net is not my site.
they replied with absolutelly stunning response which made me laugh really hard:
Quote
Thank you for your mail / speedy response … .. unforunately (for you), however, you are registered as the registant / owner and, moreover, you have just replied to us from the rslog.net e-mail address … .. as such, our clients’ litigation lawyers in Russia (and the United States and elsewhere) now have instructions to take legal action against you personally, which shall result in damages claims in Russia (and criminal complaints), as well as action in the US that shall result in your being refused a visa to enter the US.
In all of the circumstances – and in order to now avoid these actions – we must ask you to immediately ensure the removal of the entire Franz Ferdinand thread … .. you must also arrange for the following apology to be published on the relevant page of the site for a period of seven (7) days :-
“RSLOG wishes to apologies to Franz Ferdinand, Domino Records and Web Sheriff for the disruption caused to their sales, marketing and promotion plans by our publishing of pirate file details relating to the unreleased album “Tonight”.
For your information, numerous, interested parties are furious at your site’s actions and these parties have the determination and the financial ability to make all of those responsible pay-the-price for their actions.
Please revert to us (or have your co-owners / relevant colleagues revert to us) by return.
Once again, we would strongly advise you against communicating or otherwise 'posting' any correspondence and / or remarks to third parties that could, in any way, be construed as being defamatory of officers of Domino Records and / or Franz Ferdinand or which could otherwise constitute a malicious falsehood injurious to our clients' business interests. Similarly, we would again advise you that this e-mail / communication is both confidential, without prejudice (save as to Court costs) and the copyright of Web Sheriff and that, accordingly, any publication and / or communication to third parties (other than, of course, your legal representatives) is prohibited and would be actionable : furthermore and for the avoidance of doubt, Web Sheriff cannot be held liable for the consequences of the publication and / or communication of this e-mail to
third parties in circumstances where such publication and / or communication originated from you and / or parties acting in unison with you.
As you again will appreciate, this e-mail - containing, as it does, a position that is potentially prejudicial to our client's open / formal position - is written on a without prejudice basis (again save as to costs) and, as such, all of our clients' accumulated, worldwide rights and civil and criminal remedies remain reserved in full.
Yours sincerely,
WEB SHERIFF
In all of the circumstances – and in order to now avoid these actions – we must ask you to immediately ensure the removal of the entire Franz Ferdinand thread … .. you must also arrange for the following apology to be published on the relevant page of the site for a period of seven (7) days :-
“RSLOG wishes to apologies to Franz Ferdinand, Domino Records and Web Sheriff for the disruption caused to their sales, marketing and promotion plans by our publishing of pirate file details relating to the unreleased album “Tonight”.
For your information, numerous, interested parties are furious at your site’s actions and these parties have the determination and the financial ability to make all of those responsible pay-the-price for their actions.
Please revert to us (or have your co-owners / relevant colleagues revert to us) by return.
Once again, we would strongly advise you against communicating or otherwise 'posting' any correspondence and / or remarks to third parties that could, in any way, be construed as being defamatory of officers of Domino Records and / or Franz Ferdinand or which could otherwise constitute a malicious falsehood injurious to our clients' business interests. Similarly, we would again advise you that this e-mail / communication is both confidential, without prejudice (save as to Court costs) and the copyright of Web Sheriff and that, accordingly, any publication and / or communication to third parties (other than, of course, your legal representatives) is prohibited and would be actionable : furthermore and for the avoidance of doubt, Web Sheriff cannot be held liable for the consequences of the publication and / or communication of this e-mail to
third parties in circumstances where such publication and / or communication originated from you and / or parties acting in unison with you.
As you again will appreciate, this e-mail - containing, as it does, a position that is potentially prejudicial to our client's open / formal position - is written on a without prejudice basis (again save as to costs) and, as such, all of our clients' accumulated, worldwide rights and civil and criminal remedies remain reserved in full.
Yours sincerely,
WEB SHERIFF
pure lolz. total morons.
i sent them a quick reply again:
Quote
thanks for good laugh, i will probably publish this whole conversation somewhere, it's too good to remain unknown!
once again, learn to type instead of drinking brandy in saloon.
Yours
Old Shaterhand
once again, learn to type instead of drinking brandy in saloon.
Yours
Old Shaterhand
waiting for their reply now, it should be pretty funny
and to add a little sidenote: i do not plan on removing anything, we do not offer anything for download, we are clearly informative site which is completely legal...
u will hear from them again 
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