December 21, 2015 To Whom It May Concern, We are in receipt of complaint [redacted] that was filed on December 17, 2015 regarding an intellectual property issue. As a preliminary matter, the complaining party acknowledged that all allegedly infringing content was blocked by Nexcess...
as of December 18, 2015. In addition, the content cited in the original complaint to Nexcess was disabled before our receipt of the complaint from the Revdex.com (Revdex.com). Lastly, although this issue was not resolved instantaneously, we have attempted to resolve this matter expeditiously while allowing our client the opportunity to resolve the matter themselves. A full summary of the events surrounding this dispute can be found below. The complaining party originally contacted Nexcess on November 2, 2015 and he generally alleged that his intellectual property rights were being infringed by a website which is hosted by one of our clients. The complaining party’s complaint was referred to our legal department on November 3, 2015 and the complaining party was promptly informed that Nexcess could not respond due to his failure to meet the standards of the Digital Millennium Copyright Act (DMCA), which governs copyright complaints and Internet Hosting Providers. We did not hear from the complaining party again until 10:24 p.m. on December 1, 2015 when he submitted a properly formatted complaint alleging copyright infringement under the Digital Millennium Copyright Act. This complaint was forwarded to our client the next morning and the complaining party was informed as such. On December 4, 2015, the complaining party asked for an update regarding his complaint and he was informed that we were still attempting to contact our client regarding his complaint. The complaining party responded by threatening Nexcess with litigation. As it turns out, the website that is allegedly infringing on the copyright of the complaining party is owned by our client’s end-user. This means that the owner of the website is a client of our client. We continually attempted to communicate with our client and, in turn, our client communicated with its client to resolve this issue. Although we prefer these issues get resolved immediately, we believe in providing our clients an opportunity to address the issues themselves while operating within the confines of the DMCA. On December 11, 2015, the complaining party asked for an update on the status of his complaint, which is understandable. However, that same day, he sent another message using offensive, derogatory, and unprofessional language. Although Nexcess does not respond to messages using the type of language used by the complaining party, he was provided an update when the images contained in his complaint were blocked. It is worth noting that all of the images cited submitted in the original complaint to Nexcess on December 1, 2015 were blocked before for this complaint from the Revdex.com was received. In addition, as of December 18, 2015, the complaining party acknowledged that Nexcess blocked all allegedly infringing content submitted by the complaining party. As a result, no further action from Nexcess is required regarding this matter. However, our actions in this dispute between the complaining party and our client’s end-user will continue to be guided by the provisions of the Digital Millennium Copyright Act. Warmest Regards, [redacted]
December 21, 2015 To Whom It May Concern, We are in receipt of complaint [redacted] that was filed on December 17, 2015 regarding an intellectual property issue. As a preliminary matter, the complaining party acknowledged that all allegedly infringing content was blocked by Nexcess...
as of December 18, 2015. In addition, the content cited in the original complaint to Nexcess was disabled before our receipt of the complaint from the Revdex.com (Revdex.com). Lastly, although this issue was not resolved instantaneously, we have attempted to resolve this matter expeditiously while allowing our client the opportunity to resolve the matter themselves. A full summary of the events surrounding this dispute can be found below. The complaining party originally contacted Nexcess on November 2, 2015 and he generally alleged that his intellectual property rights were being infringed by a website which is hosted by one of our clients. The complaining party’s complaint was referred to our legal department on November 3, 2015 and the complaining party was promptly informed that Nexcess could not respond due to his failure to meet the standards of the Digital Millennium Copyright Act (DMCA), which governs copyright complaints and Internet Hosting Providers. We did not hear from the complaining party again until 10:24 p.m. on December 1, 2015 when he submitted a properly formatted complaint alleging copyright infringement under the Digital Millennium Copyright Act. This complaint was forwarded to our client the next morning and the complaining party was informed as such. On December 4, 2015, the complaining party asked for an update regarding his complaint and he was informed that we were still attempting to contact our client regarding his complaint. The complaining party responded by threatening Nexcess with litigation. As it turns out, the website that is allegedly infringing on the copyright of the complaining party is owned by our client’s end-user. This means that the owner of the website is a client of our client. We continually attempted to communicate with our client and, in turn, our client communicated with its client to resolve this issue. Although we prefer these issues get resolved immediately, we believe in providing our clients an opportunity to address the issues themselves while operating within the confines of the DMCA. On December 11, 2015, the complaining party asked for an update on the status of his complaint, which is understandable. However, that same day, he sent another message using offensive, derogatory, and unprofessional language. Although Nexcess does not respond to messages using the type of language used by the complaining party, he was provided an update when the images contained in his complaint were blocked. It is worth noting that all of the images cited submitted in the original complaint to Nexcess on December 1, 2015 were blocked before for this complaint from the Revdex.com was received. In addition, as of December 18, 2015, the complaining party acknowledged that Nexcess blocked all allegedly infringing content submitted by the complaining party. As a result, no further action from Nexcess is required regarding this matter. However, our actions in this dispute between the complaining party and our client’s end-user will continue to be guided by the provisions of the Digital Millennium Copyright Act. Warmest Regards, [redacted]