| Ответ: |
Здравствуйте. Сервер был приостановлен по причине жалобы On ** Oct **:**, copyright@vindex.com.ua wrote: Recipient Information: <br>Hetzner Online AG<br><br><br>Dear Sir or Madam: <br><br>The Vindex Law Firm LLC. represents the following companies: <br>Television Channel Ukraine Ltd. has all rights for the TV-channel(s), including broadcast rights and rights to copyrighted materials, as: Football * (original title *), Football * (original title *), Football * (original title *), Ukraine (original title ), NLO TV (original title V), Indigo (original title ) <br> <br>(collectively TV-channels).<br><br>We have been engaged by our clients to pursue all available legal and equitable remedies for the unauthorized broadcast, distribution, and use of our client's proprietary and copyrighted works, signal, programming, and content of TV-channels by the Internet website supersmartv.com with IP address as ***.**.***.** ("Website").<br><br>Our research indicates that Hetzner Online AG acts or has acted as the Internet service provider ("ISP") *or host for the Website. The purpose of this letter is to demand that your company immediately remove or disable access to the infringing material in accordance with the European E-Commerce Directive ****/**/EC Article ** (*)(b) ("E-Commerce Directive") and the relevant article of the national legislation.<br><br>The Website is not and has never been licensed or authorized to broadcast or distribute TV-channels.<br><br>According to the ** Article of International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Done at Rome on October **, ****), broadcasting organizations shall enjoy the right to authorize or prohibit: (a) the rebroadcasting of their broadcasts; (b) the fixation of their broadcasts; (c) the reproduction: (i) of fixations, made without their consent, of their broadcasts; (ii) of fixations, made in accordance with the provisions of Article **, of their broadcasts, if the reproduction is made for purposes different from those referred to in those provisions.<br><br>Website's wrongful actions constitute multiple violations of copyright law, unfair competition, and civil theft, among other illegal conduct. As a direct and proximate result of such conduct, our clients already have incurred, and will continue to incurred , substantial economic damages, including but not limited to, lost royalties, lost profits, diminution in the value of its exclusive broadcasting rights, harm to its reputation in the public marketplace, lost goodwill, attorneys; fees, and cost.<br><br>Our clients intends to vigorously pursue all available remedied against all infringing persons or entities aiding, abetting,<br>participating in, or facilitating the wrongful conduct described herein including, but not limited to, filing suit in the United States<br>District Court for injunctive relief, actual, statutory, and damages, pre- and post= judgment interest, attorney's fees and cost suit. <br><br>Your company may be held liable for failing to expeditiously comply with the takedown demands set forth herein in accordance with the requirements of Article ** (*)(b) of E-Commerce Directive.<br><br>On behalf of the respective owners of the exclusive rights to the copyrighted material at issue in this notice, I hereby state, that we have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, their respective agents, or the law.<br><br>I hereby certify under penalty of perjury that the information in this notice is accurate and that we are authorized to act on behalf of the owners of the exclusive rights being infringed as set forth in this notification.<br>Consents:<br>(i) I accept that my private data will only be used by you in the context of its copyright notification process which include sharing a copy of this claim with the user(s) who uploaded the allegedly infringing material.<br>(ii) I recognize that I may be liable for damages if I knowingly materially misrepresent that the material or activity infringes on my copyright.<br><br>Please contact us at the above listed address or by replying to this email should you have any questions.<br><br>We thank you for your cooperation in this matter. Your prompt response is requested.<br><br><br>The power of attorney <br><a href="*s-P**zUC_PoA-TRKU-bw-****.pdf">*s-P**zUC_PoA-TRKU-bw-****.pdf">*s-P**zUC_PoA-TRKU-bw-****.pdf</a><br><br><br><br><br>Respectfully,<br><br>Sergei Poloz<br>Senior Lawyer <br><br>Vindex Law Firm LLC.<br>* Sklyarenko str., Kyiv, *****, Ukraine<br>E-mail: copyright@vindex.com.ua<br>Tel. / Fax: +** (***) *** **** <br><br>Vindex Law Firm LLC.<br>* Sklyarenko str., Kyiv *****, Ukraine<br>E-mail: copyright@vindex.com.ua<br>Tel. / Fax: +** (***) *** **** <br><br>The URLs of the infringing pages (files) are as follows:<br><a href="*">*">*</a><br><a href="*">*">*</a><br><a href="**">**">**</a><br> Пожалуйста, обработайте жалобу. |
