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 Post subject: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 8:51 am 
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Joined: Mon Aug 04, 2008 3:22 am
Posts: 160
first of all i want to apologise for posting so much about iko but they just keep doing things that defy belief. so i got a formal complaint from iko saying i am infringing on iko copyright by advertising that students can go on to do their IKO instructors course after being trained to be an instructor at my club. THEY ARE UNHAPPY ABOUT ME ADVERTISING THEIR BUSINESS ON MY WEBSITE. ARE THEY SERIOUS?
see link below,

http://www.bluelagoonpattaya.com/lessons.html

note we no longer run the instructor training courses at my club and i need to get that changed. .they are now run at a friends club that is also in thailand.

anyway i got a professional to look into this and got this and got the response below.

QUOTE

Having carefully examined the site in question I am at a loss.

The article being complained about is a some text on the page “On completion you can go on to sit your level one International Kiteboarding Organisation instructors qualification. Learn more about becoming a kiteboarding instructor at www.ikorg.com.”
The website being complained about is a kiteboarding school.
They are making a reference that once a person has been trained they may go and sit an Exam with IKO (International Kiteboarding Organisation)
And linking to their website front page for people to obtain further information directly from IKO. Thus not taking any information from their website even.
As far as I can see and from my limited understanding of copyright law there is no infringement in linking to a website. I Do not believe that this link contravenes the Trademark Protection Act nor any other law that I can find.
The text contained causing the compliant is a factual statement.
All text is provided by the client.
And it is one of the websites where I could actually say the statement is correct !. I say this as my son trained with them (Blue lagoon kiteboarding school), then went to a International Kiteboarding Organisation approved examining centre and took their kiteboarding instructor exam and he himself is a IKO approved instructor. (not connected in any with Blue Lagoon)
This is much like a driving school linking to the agency that administrates the driving test
I will forward all information to my client immediately and request clarification by them. I would request the complainant contacts me to discuss this further.
This letter is written in response to your notification to me of a complaint received about my clients web page(s). The pages in question are:
(http://www.bluelagoonpattaya.com/lessons.html)
My response to this complaint is as follows:
Allegations of Copyright Violation / Digital Millennium Copyright Act
The claims of copyright violation should be rejected because:
> The material in question is not copyrighted, or the copyright has expired. It is therefore in the public domain and may be reproduced by anyone
> My clients use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17 USC 107. If the complainant disagrees that this is fair use, they are free to take up the matter with me directly, in the courts. You, the ISP, are under no obligation to settle this dispute, or to take any action to restrict my speech at the behest of this complainant. Furthermore, siding with the complainant in a manner that interferes with my lawful use of your facilities could constitute breach of contract on your part.
> No Copyrighted information is or has been used. The compliant refers to a link from a Kite Boarding school to a one of the Kite boarding examination boards stating that after training a trainee should sit an exam with them. If someone is making a website publicly available, others may freely link to it. That open linking is what makes the web a "web." http://www.chillingeffects.org/linking/faq.cgi#QID710
The Link is question is benefits from DMCA safe harbor in section 512(d), "information location tools."
This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):
I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.
END QUOTE

ontop of making a pointles complaint about something on my website they have BCCed alot of my friends in on the email to try to discredit me. i got an email from my sister asking me what was going on. they sent this to my sister and god knows who else.


{ SHARE_ON_FACEBOOK } { SHARE_ON_TWITTER } { SHARE_ON_ORKUT } { SHARE_ON_DIGG } { SHARE_ON_MYSPACE } { SHARE_ON_DELICIOUS }
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 Post subject: here is the original complaint from IKO
PostPosted: Tue Sep 03, 2013 8:53 am 
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Medium Poster

Joined: Mon Aug 04, 2008 3:22 am
Posts: 160
Dear Sir or Madam:



I, Frederic Bene, am authorized to act as a non-exclusive copyright agent on behalf of

IKO, of the physical address below. I swear under penalty of perjury that I have detected infringements of IKOs

copyright interests as detailed in the report below. I have reasonable good faith belief that use of the

material in the manner complained of in the report below is not authorized by IKO, my agents, or the law. The

information provided herein is accurate to the best of my knowledge. Therefore, this letter is an official

notification to effect removal of the detected infringement listed in the report below. The report below specifies

the exact location of the infringement. I hereby request that you immediately remove or block access to the

infringing material, as specified in the copyright laws, and insure the user refrains from using or sharing with

others the unauthorized materials in the future (see, 17 U.S.C. 512).



Please send a prompt response indicating the actions you have taken to resolve this matter, making sure to

reference DMCA-CASE#24603 in your response. Nothing in this letter shall serve as a waiver of any rights or

remedies of Frederic Bene with respect to the alleged infringement, all of which are expressly reserved. If you

need to contact me, my contact information is located at the bottom of this letter.



Evidentiary Information:

Infringing IP Address(es): 50.31.14.199

Infringed Work(s): http://www.ikointl.com/

Infringing URL(s): http://www.bluelagoonpattaya.com/lessons.html

Explanation: The following site http://www.bluelagoonpattaya.com/lessons.html have taken information from

our website : http://www.ikointl.com/ . We are requesting all IKO information to be removed immediately.

http://screencast.com/t/ivLSZ5Vx4G



Magdalena Jerez

Quality Check Department



IKO

Plaza Popular # 5

57600 Cabarete, Dominican Republic

Tel: +1 809 5719530

Fax: +1 718 679 9494

Skype: magdalena.iko

www.ikointl.com

IKO Kiteboarding Video


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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 9:14 am 
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Medium Poster
User avatar

Joined: Tue Oct 26, 2010 11:11 pm
Posts: 126
The fight continues .....

Round 2 :!:


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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 9:28 am 
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Medium Poster

Joined: Mon Aug 04, 2008 3:22 am
Posts: 160
seriously this must be round 100 but IKO is not putting up much of a fight infact they may be out for the count already.


uncle sammy wrote:
The fight continues .....

Round 2 :!:


Last edited by kiwimike on Tue Sep 03, 2013 9:57 am, edited 1 time in total.

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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 9:28 am 
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Frequent Poster

Joined: Mon Mar 07, 2011 2:26 am
Posts: 275
Good onya mike, too many Ratbags in this game - and kiwi's are legendary for Levelling the playing field :)


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 Post subject: sent this email to fred, owner of IKO
PostPosted: Tue Sep 03, 2013 9:54 am 
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Medium Poster

Joined: Mon Aug 04, 2008 3:22 am
Posts: 160
seriously fred i hope i get to meet you one day. i want to see what the words dumbest guy looks like. i have people emailing me all the time to get their website linked onto my website. one company even paid me to put a link on. here you are saying you want me to take your iko link off. ok my web designer will do it tonight.

seriously if you just emailed me and asked me to do it i would have done it without all your bullshit. i am a reasonable person. even if you didnt want to email me (you seem to be incapeable of emailing me or talking to me on the phone despite me emailing you constantly and phoning you dozens of times) you could just get your iko examiner here in thailand to ask me to take it off. the only reason i have your link on my website is to help him get candidates for his instructor courses.

i am still stunned, have you ever taken an I.Q. test? i fear you may be mentially deficient.


yours sincerely,

confused.


Last edited by kiwimike on Tue Sep 03, 2013 4:13 pm, edited 2 times in total.

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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 9:59 am 
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Very Frequent Poster

Joined: Fri Sep 11, 2009 3:15 am
Posts: 1483
DMCA is a US copyright law :jump:

IKO seem a bit strange...


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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 10:02 am 
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Medium Poster

Joined: Mon Aug 04, 2008 3:22 am
Posts: 160
a bit strange is a bit of an understatement. like my guy said i have not infringed any copyright laws and all i am doing is advertising IKO by putting their link on my site. i am scratching my head over this.

longwhitecloud wrote:
DMCA is a US copyright law :jump:

IKO seem a bit strange...


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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 12:15 pm 
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Medium Poster
User avatar

Joined: Tue Oct 26, 2010 11:11 pm
Posts: 126
Never mess with a Kiwi :D

I hope you'll succeed in your quest.


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 Post subject: Re: IKO sad and pathetic, here is their latest stupid game
PostPosted: Tue Sep 03, 2013 4:05 pm 
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Medium Poster

Joined: Mon Aug 04, 2008 3:22 am
Posts: 160
Thanks. Iko seem to be pretty good at ruining themselves.

uncle sammy wrote:
Never mess with a Kiwi :D

I hope you'll succeed in your quest.


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