Re: Copyright Infringement Pursuant to Digital Millennium Copyright Act
Dear Sir/Madam:
I represent NCS Pearson, Inc. (Pearson), the exclusive publisher of the
BECK DEPRESSION INVENTORY (BDI), which is a secure test instrument
restricted to purchase by qualified individuals. The BDI is an original
work of authorship registered with the United States Copyright Office.
A copy of the registration is attached for your information.
It has recently come to Pearson's attention that you are
hosting a web site that contains an unauthorized reproduction of the
BDI. Copies of screen shots of the unauthorized reproduction are
provided for your information. The reproduction, display, and
distribution of the material at the online location infringe Pearson's
copyright in the BDI because the test items are reproduced and displayed
on the online location without Pearson's permission. As such, the web
page you are hosting clearly infringes U.S. Copyright law. See 17
U.S.C. 512(d).
LOCATION OF INFRINGEMENT
The location of the infringement is:
http://www.textfiles.com/ufo/UFOBBS/2000/2247.ufo
NOTICE OF TAKE DOWN
The purpose of this letter is to advise you of Pearson's rights and to
seek your agreement to (1) remove and destroy the copyrighted material;
and (2) disable or remove any hyperlink(s). Please note that the
disabling or removing of Pearson's copyrighted material from this site
should include destroying the usefulness of any textual directory or
pointer information contained therein. PLEASE NOTE: We are only
requesting removal of the BDI as it is contained on that site. We are
not asking or requesting removal of any other material.
Please confirm in writing that you have complied with the above request.
RESERVATION OF RIGHTS
Pearson reserves its position insofar as costs and damages caused by the
unauthorized reproduction and/or display of the BDI and any information
locating tools with respect to online locations engaged in infringing
activity. Pearson also reserves its right to seek injunctive relief to
prevent further unauthorized activity, particularly any information
locating tools, pending your response to this letter. We suggest you
contact your legal advisors to obtain legal advice as to your position.
VERIFICATION
The information contained in this notification is accurate as of the
time of compilation and, under penalty of perjury, I certify that I am
authorized to act on behalf of NCS Pearson, Inc. Pearson has a good
faith belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
We await your response within 24 hours.
Sincerely,
/Carl W. Covert, Jr./
Director, Intellectual Property Protection
NCS Pearson, Inc.
19500 Bulverde Road
San Antonio, TX 78259-3701
Tel (210) 339-5195
Fax (210) 339-5059
[email protected]
