Home / Malaysia Business & Finance Law / Intellectual Property Law Copyright Infringement and Order to Cease & Desist Received email from US lawyer

Copyright Infringement and Order to Cease & Desist (modified 0 times) Joseph Lee Hello, I hope I can get some ideas before I call up a lawyer to help me on this issue. I've received an email from a lawyer in US regarding me selling a copyright ebook on the internet. You can view part of the letter at the link below. http://img314.imageshack.us/img314/360/copyright9rp.gif (Some words are erased for privacy) I've immediately removed the copyrighted materials and destroyed it. I've also got back to the lawyer and told them that I've removed the copyrighted materials and I would pay them back the money that I earn from selling their copyrighted materials. So far I only sold about 10 copies of the copyrighted material. The lawyer replid below. "At this point, it seems that we will have to investigate the matter more thoroughly ourselves. We should be in a better position to evaluate your offer after September 21, 2005. I will contact you then, if not sooner." It's already October and no news from him. Does it mean that they might forget about this case? I've so many questions in my mind and I am not sure what important thing I should know. Please advice. Thanks in advanced. 03 Oct, 2005 15:03:37

RE:Copyright Infringement and Order to Cease & Desist (modified 0 times) Godsbum You should not respond to the prick. Never make any admissions either implicitly like you already may have nor expressley which I hope you have not. The question of jurisdiction in internet or e commerce matters is still a very grey area. The Americans use paper money created by the Chinese, Salt discovered by the Chinese halth matters and surgical procedures by the Indians. They pay no copyrights because they do not breach US copyrights. What I would ask you to do i to change servers and do not give out your details,.. Begin afresh and if you need assistance give me a secure email address. This prick may not have any jurisdiction over you or your product and is using intimidatory tactics. Say no more any offer no more vountary information from hereon. Good Man!!! Hindi chini Bhai Bhai May the Indians and Chinese prosper like before the white man came along. 03 Oct, 2005 15:49:07

RE:Copyright Infringement and Order to Cease & Desist (modified 0 times) Joseph Lee I've checked on the web and there's 3 person had the same case as me. 2 is from US and 1 from India. The first US person was raided by FBI and everything was confisticated. Finally he was sentenced a year in prison. The second US person, was luckily and finally everything was returned back to him after 2 years of trial. The case dropped because the company that filed the suitcase gave this case up because they were arguing amongst themselves about the money that they were going to split. (He was lucky, otherwise he'd end up like the first person.) As for the third person, he ignored and avoid giving out his contact information. Finally, they managed to trace him through the bank account that he used to receive his payments. I have no idea what finally happened. There was information saying that they were going to settle out of court. (Maybe he paid a lot of money to the company to avoid going to jail). Referring to the cases above, do you think I should not respond to the lawyer? I do think that they MIGHT use intimidatory tactics because I do not know the laws. But I also believe that they have the power to send me to jail because there are International copyright laws and Malaysia is part of the group. I think it's something to do with The Digital Millennium Copyright Act of 1998 (DMCA). Just few days ago I received an email from my webhost asking for my contact details for "FEDERAL ENQUIRY". That means FBI is investigating? Godsbum, may I know are you a lawyer in this area? If yes, I'd like your assistance. How can I contact you? E-mail? Thanks. 03 Oct, 2005 18:10:24

RE:Copyright Infringement and Order to Cease & Desist (modified 0 times) Godsbum Yes I am and you can contact me on the following: marchant888@yahoo.com Remember you are not obliged to give the FBI or anyone else details they ask of you when you are in another country. Thats up to the Malaysian authorities upon presentation of a brief to their police to indicate there is sufficient evidence you may have broken a law in their country. If the same law was broken in Malaysia then it is up to the Malaysians as to whether or not to prosecute you. If I were you I would refrain from any further communication with them or correspondence with any of them. Email me whatever they have sent you and I will get someone to respond. Although I am familiar with this area of the law I am currently in another area of practice. Do not respond before a lawyer has had the opportunity to examine the nature of the query. Not all cases are alike and not everyone is liable to jail and just becaue ou have breached a copyright does not mean you are guilty of a capital offence as they would like you to believe. Await your response. 03 Oct, 2005 20:45:11

RE:Copyright Infringement and Order to Cease & Desist (modified 0 times) Joseph Lee Dear Sir, I thank you very much for your enlightenment and advice. If they contact me and wants something again or if I need any advice, I will definately be in touch with you. Good day 03 Oct, 2005 23:36:15

RE:Copyright Infringement and Order to Cease & Desist (modified 0 times) Joseph Lee Oops. That's suppose to be a smiley face instead of an angry face. Sorry.. 04 Oct, 2005 00:19:41

RE:Copyright Infringement and Order to Cease & Desist (modified 0 times) Godsbum Just remember the rule that they are merely inquiring and you have no obligation to help them with their inquiries. They will attempt to coerce you to admitting you have committed a serious offence punishable by lengthy terms in jail and with hefty fines both of which may be true and may also be totally false. However whicever way it ends, it will depend on whether they get you to cooperate and hang yourself. SILENCE in WORDS AND IN ACTIONS. There is a rule at law that: "He who asserts( says) must prove". Cheers 04 Oct, 2005 11:49:43

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