|
Dear
Mr Kenward
There is an accepted protocol for disputes of this kind which you appear
intent on avoiding, for reasons I can only guess at.
In addition, it is generally accepted that where one party has a
grievance, the onus is on them to provide reasonable information to enable
the other side to properly consider matters. At the very least you could
supply copies of any registrations you claim to have and the names and
addresses of the owners of: Where To Sing . Com
You have not provided any information that would sway me to agree that you
had any monopoly on public information or other state granted
rights. Accordingly, I will pass these messages to the publisher for
them to post for the public to decide if you are acting reasonably and
will make appropriate representations to the governing bodies and/or the
authorities
as appropriate.
Yours sincerely
Nelson Kruschandl
From: "David" <david@where2sing.com>
To: "Solar Navigator" <nelson @ solarnavigator.net>
Sent: Friday, October 20, 2006 2:22 AM
Subject: Re: Notice to provide further and better particulars - Without
Prejuduce save as to costs
Dear Mr Kruschandl,
Thank you for your reply.
All the information pertaining to our claim and methods by which you may
substantiate it were included in my last email, and we continue to assert
that you are violating copyright held by where2sing.com.
As such, the actions previously mentioned will be commenced at the
expiration of the notice period unless you remove the copyrighted material
from your website forthwith and advise such.
We will not entertain any further communication upon this subject.
Regards,
David
Kenward.
Where2sing.com
Dear
Mr Kenward
The publisher of www.solarnavigator.net
is Max Energy Limited, a not for profit company registered in England and
Wales. The website host is protected under US jurisdiction and
consequently US copyright law, although such protection may be extended by
international convention, of which I may look into on receipt of better
particulars.
Speaking personally, and not on behalf of the publishers (at this time) I
have some knowledge of copyright law in the UK, US and Australia. I
can advise that there is no artistic work involved in a simple A to Z
listing and that such works do not fall to be considered under Copyright
legislation, there being no artistic creativity and no copyright
protection attainable.
It
is a common mistake to interpret copyright as encompassing such data.
This was found to be so in the US Supreme Court and see Feist vs. Rural.
This was the first of many similar rulings, others applying to websites.
You would do well to research this caselaw before similarly threatening
others. If you or the owners of your site have falsely obtained some
form of registered copyright, then it would be a matter for a court to
strike it from the record, and/or award damages to any party who has
suffered loss, costs, etc.
There
may be some artistic creativity in the colours and layout of your site,
but I note the SN site uses completely different colours and layout -
hence there can be no claim to imitation.
In addition, Max Energy Ltd. intend to compile international Karaoke
listings. I note you claim no such ambition.
That aside, to my knowledge nobody from Max Energy Limited has been on
your site, although I have just looked at your front page and note there
is a registration procedure, which I'm certain I would have remembered,
and so should anyone else. I don't recall being on your website before and
did not register, hence could not have seen the information therein.
The listings on the SN site have been painstakingly compiled independently
by volunteers and arranged in a format unique to the site, which format
owes nothing to your own, being original. Any person may apply free
of charge to become listed on the SN site. This arrangement has been
applied to Solar Panels, Battery Manufacturers and more.
The
fact you may have compiled a list of your own, probably charging people
for inclusion (and please confirm), is something you cannot protect,
unless the persons on your site own unique trademarks for each and every
business listed. Even then, there is no copyright in an address or
telephone number. Listing trademarks in considered to be fair use
and our listing is fair competition. It appears to me you are seeking to
prevent others competing fairly, hence attain a monopoly on public
information for profit, where the state grants no such rights. To claim
they do, and to obtain pecuniary advantage therfrom is in my opinion
misleading or worse, however, I await your information before making
further comment and I reserve my right to bring this matter to the
attention of the authorities if necessary.
It may well be that other websites contain similar information and this is
hardly surprising, since the information is in the public domain at
numerous locations.
Perhaps you would be good enough to quote which section of the Digital
Millennium Copyright Act to which you refer for my/our consideration.
I would be most interested to see it and the section on which you rely.
Could you also provide evidence that the information you say is yours, was
in fact created by you and when. Where did you source the names and
addresses and how can you claim the addresses are yours, when clearly
the/any address (estate wise) belongs to the proprietors. Are you saying
you own all these businesses?
Also, can you please tell us who the owners of your site are (all of them)
and provide a postal address for communication purposes for the
proprietors on a by return basis. Could you also provide evidence of your
authority to act on their behalf. I note you claim not to be the owner.
Should your allegations prove to have no substance and you proceed to
interfere with the work of Max Energy Limited (or my own), I/we reserve
our right to seek compensation, injunctions and the like, should that
prove necessary. Especially so, where you have made actionable threats:
namely to contact search engines with what appears to be (as I write)
bogus and unsupportable claims.
In accordance with my policy to operate transparently, this communication
and any and all similar communications will be passed to Max Energy
Limited for their attention, possibly to be published on a number of
websites at their discretion, until the potential for dispute is closed.
Accordingly, please pass this email to all persons concerned or contacted
in connection with any potential dispute henceforth - in full - for their
consideration, to include Google.com, Yahoo.com and DMOZ.org. I will be
pleased to point out the defect in your assertions with reference to
caselaw, to any person
in the chain.
If I (or Max Energy Limited) do not hear from you within 24 hours, with
the information requested, I (and/or Max Energy Limited) will assume you
no longer wish to pursue the matter and close the file.
Thanking you for your co-operation in this matter.
Yours sincerely
Nelson Kruschandl
Nelson
Kruschandl
The Old Steam House
Lime Park
Herstmonceux
East Sussex, BN271RF
UK
Tel. +44.7905147709
Fax. +44.1323831727
Dear Sir
NOTICE TO CEASE AND DESIST IN COPYRIGHT INFRINGEMENT OF THE
WHERE2SING.COM WEBSITE
Notice made under the Digital Millennium Copyright Act against http://www.solarnavigator.net
It has come to our attention that you are displaying information on your
website (http://www.solarnavigator.net)
which has been copied from the Where2sing.com website of which we are the
owners. It may be that you have sourced this information from some
other website
which has in turn copied this from Where2sing.com - one such known
infringing website is http://www.singing.com.au
WE DEMAND THAT YOU IMMEDIATELY REMOVE ALL SUCH CONTENT of karaoke
listings in its entirety from your website, advise us that you have
complied with this demand, and undertake not to further infringe on our
copyright.
In substantiation that this list of karaoke venues has been sourced and
built over several years by Where2sing.com, and that any other website
displaying a substantial portion of this list is infringing
on our copyright, copies of the archived Where2sing.com website at several
points since 2003 is available for view on the Internet. Any further
action that we are required to take to protect our copyright from your
infringement will include such evidence as to our legal ownership.
You should be aware that in the case of registered copyrights, that the
court has the discretion to award attorneys' fees and statutory damages to
the infringer of up to $30,000 for each copyrighted work infringed.
If the infringement was willful, the court can award statutory damages up
to $150,000.
Should we not receive your compliance WITHIN THIRTY-SIX HOURS of our
transmission of this email, we will proceed with an application to
Google.com, Yahoo.com and DMOZ.org for the permanent removal of your
website from their database.
Regards
David Kenward
www.Where2sing.com
david@where2sing.com
Domain
Name: WHERE2SING.COM
Registrar:
SPOT DOMAIN LLC DBA DOMAINSITE.COM
Whois
Server: whois.domainsite.com
Referral
URL: http://www.domainsite.com
Name
Server: NS.LIQUIDWEB.COM
Name
Server: NS1.LIQUIDWEB.COM
Status:
REGISTRAR-LOCK
Updated
Date: 19-oct-2006 Creation Date: 16-nov-2002
Expiration
Date: 16-nov-2007
Last
update of whois database: Fri, 20 Oct 2006 16:03:09 EDT
Domain
Name: where2sing.com
Registrar:
Spot Domain LLC
Expiration
Date: 2007-11-16 01:12:37
Creation
Date: 2002-11-16 01:12:37
Name
Servers: ns.liquidweb.com and ns1.liquidweb.com
REGISTRANT
CONTACT INFO
David
Macara Kenward
PO
Box 400
Pyrmont
NSW
2009
AU
Phone:
+86.13564210282
Email
Address: david@where2sing.com
ADMINISTRATIVE
CONTACT INFO
David
Macara Kenward David Kenward P
O
Box 400
Pyrmont
NSW
2009
AU
Phone:
+86.13564210282
Email
Address: david@where2sing.com
TECHNICAL
CONTACT INFO
David
Kenward
PO
Box 400
Pyrmont
NSW
2009
AU
Phone:
+86.13564210282
Email
Address: david@where2sing.com
BILLING
0.19650600
1161384721
CALEDONIAN HOTEL
9 Bell Street
IPSWICH QLD 4305
07 3281 2048
CALWELL TAVERN
1 Webber Crescent
CALWELL ACT 2905
02 6292 8900
CAMPBELLTOWN
TENNIS CLUB
16 Old Leumeah Road
LEUMEAH NSW 2560
Email
Website
02 4626 2088
CAMPBELLTOWN RSL CLUB
Carberry Lane (cnr Cordeaux Street)
CAMPBELLTOWN NSW 2560
02 4625 1408
CANTERBURY/HURLSTONE PARK RSL CLUB
20-26 Canterbury Road
HURLSTONE PARK NSW 2193
Email
Website
02 9559 0000
CARRY-ON
KARAOKE SHOW
14
PERSIMMON WAY,
Glenwood,
NSW
CASABLANCA BRASSERIE & BAR
52 Petrie Terrace (cnr Caxton St)
BRISBANE QLD 4000
Email
Website
07 3369 6969
CESSNOCK RUGBY SUPPORTERS CLUB
1 Darwin Street
CESSNOCK NSW 2325
02 4990 5655
CHARLTONS ENTERTAINMENT COMPLEX
Floor
2
2 Coverlid Place
MELBOURNE VIC 3000
Email
Website
03 9662 1433
CHRIS
SUTTON
7
ALBION GROVE CRES,
Griffith,
NSW
COMMERCIAL HOTEL
52 Wentworth Street
PORT KEMBLA NSW 2505
02 4274 1051
COVENT GARDEN HOTEL
102-108 Hay Street
SYDNEY NSW 2000
02 9211 1745
CROWN HOTEL
162 Elizabeth Street
SYDNEY NSW 2000
02 9267 6793
CROYDON PARK HOTEL
212 Georges River Road
CROYDON PARK NSW 2133
02 9797 0206
CANBERRA IRISH CLUB
6 Parkinson Street
WESTON ACT 2611
Email
Website
02 6288 5088
CASABLANCA BRASSERIE & BAR
52 Petrie Terrace (cnr Caxton St)
BRISBANE QLD 4000
Email
Website
07 3369 6969
CAXTON HOTEL
38 Caxton Street
BRISBANE QLD 4000
07 3369 5544
CHARDONS CORNER HOTEL
688 Ipswich Road
ANNERLEY QLD 4103
07 3848 4091
CLUB TAVERN (TWISTED ARM BAR)
16 Matthew Terrace
CABOOLTURE QLD 4510
07
5495 1088
CROWN HOTEL
25 Ernest Street
INNISFAIL QLD 4860
07 4061 4722
CHARLTONS ENTERTAINMENT COMPLEX
2 Coverlid Place
MELBOURNE VIC 3000
Email
Website
03 9662 1433
07 3281 2048
CASABLANCA BRASSERIE & BAR
52 Petrie Terrace (cnr Caxton St)
BRISBANE QLD 4000
Email
Website
07 3369 6969
CHARLTONS ENTERTAINMENT COMPLEX
2 Coverlid Place
MELBOURNE VIC 3000
Email
Website
03 9662 1433
CABRAMATTA RUGBY LEAGUE CLUB
24 Sussex Street
CABRAMATTA NSW 2166
Email
Website
02 9727 8788
CHATSWOOD RSL
1 Thomas Street
CHATSWOOD NSW 2067
Email
Website
02 9419 7386
CHEERS BAR & GRILL
561 George Street
SYDNEY NSW 2000
Email
Website
02 9261 8313
CONCEPT
IMPACT PTY LTD
210
CLARENCE ST,
Sydney,
NSW
1002
COURTHOUSE HOTEL
240 Peel Street
TAMWORTH NSW 2340
Email
02 6766 1279
CUMBERLAND COMMUNITY CLUB
14 Civic Avenue
PENDLE HILL NSW 2145
02 9631 0811
CUSTOMS
HOUSE HOTEL
161 Nelson Place
WILLIAMSTOWN VIC 3016
03 9397 7708
DAVE
FRASER ENTERTAINMENT
59
Ewos Pde,
Cronulla,
NSW
2230
website
e-mail
DREAMLAND KARAOKE RESTAURANT
459 William Street
NORTHBRIDGE WA 6003
Email
Website
08 9328 8268
| USA
KARAOKE VENUES A - Z |
|
ALABAMA
|
ALASKA |
ARIZONA
|
ARKANSAS
|
CALIFORNIA |
|
COLORADO |
CONNECTICUT
|
DELAWARE
|
FLORIDA
|
GEORGIA |
|
HAWAII |
IDAHO |
ILLINOIS |
INDIANA |
IOWA |
|
KANSAS |
KENTUCKY |
LOUISIANA |
MAINE |
MARYLAND |
|
MASSACHUSETTS |
MICHIGAN |
MINNESOTA |
MISSISSIPPI |
MISSOURI |
|
MONTANA |
NEBRASKA |
NEVADA |
NEW
HAMPSHIRE |
NEW
JERSEY |
|
NEW
MEXICO |
NEW
YORK |
N
& S CAROLINA |
N
& S DAKOTA |
OHIO |
|
OKLAHOMA |
OREGON |
PENNYSYLVANIA |
RHODE
ISLAND |
SOUTH
CAROLINA |
| SOUTH
DAKOTA |
TENNESSEE |
TEXAS |
UTAH |
VERMONT |
|
VIRGINIA |
WASHINGTON |
WEST
VIRGINIA |
WISCONSON |
WYOMING |
|
KARAOKE
KIT FOR SALE
See
our super value Karaoke kit which includes 8 great tracks complete with vocals for training
sing-along
and the same 8 tracks without vocals for you to perform over. Included
with each kit are the printed lyrics for all 8 songs, plus singing and
recording tips to get you started.
Each
CD purchase is licensed for personal home use, which entitles you
to record your voice onto any track
from this CD which we will publish for you on your own webpage on this
site at your request. You can then
use your published page as a demo where people can hear you - perhaps to further your singing career,
get a part in a play, or just for fun and to show your family and
friends.*
Just
send us your complete song on CD through the post or in Mp3 as an email, together with groovy photos
and we'll do the rest.
SONGS
INCLUDED:
-
Blue
Max
-
Cola
Blues
-
I
was Right
-
In
my Bedroom
-
Of
all the Guys
-
Save
the Oil
-
Southern
Comfort
-
Tearing
me Apart
Apart
from our kit, you need only an ordinary CD player and a compatible
microphone usually available from Dixons, Currys or other electrical
stores) to sing along. To record yourself for a demo, follow the
instructions in the kit. We offer full email support - should you
need additional advice.
Buy
Karaoke Kit
Now
*
Please Note: The copyright of songs used in this way remains our property.
|
LINKS
MUSIC
INDEX A - Z
A
taste for adventure capitalists
Solar
Cola - a healthier alternative
|
