SEREYWATTANAK (Serey)

Transcription

1 1 of 47 15/12/ :11 AM An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61) Tel: + (61) Fax: +(61) [email protected] Dec 15, 2013 WITHOUT PREJUDICE Legal Department SEREYWATTANAK (Serey) BUN Trading as Bunology and Australiabusiness-listing.com.au Unit 7, 33 Crown St, St Peters NSW 2044 SEREYWATTANAK (Serey) [email protected] Dear Sirs, RE: UNAUTHORIZED USE OF COPYRIGHT MATERIAL (REF: We represent the owner of copyright in (the Work), Exa Pty Ltd. It has come to our attention that you are using copyrighted material from on without a valid license. The copyright owner has a number of exclusive rights under international copyright law in the U.S. and all countries that have ratified the Berne Convention. These exclusive rights include the right to reproduce the Works, and to publish and communicate the Works to the public (including by way of sale, broadcast or putting the Works online). It is an infringement of copyright to do any of the acts comprised in the copyright in relation to the whole or a substantial part of the Works, or to authorise such an act, without the permission or licence of the copyright owner. We have attached evidence of infinging copyright material found on your web page. You have fourteen (14) days to respond in one of the following ways: 1) Cease and desist using this material and pay the demand amount in full and final settlement of the matter; OR 2) Ignore this demand, in which case we will - a) Have your site removed from your web host; b) Have links to your domain removed from the indexes of Google, Bing and Yahoo and

2 2 of 47 15/12/ :11 AM c) Sue you for copyright infringement under United States law. We expect to incur significant new legal costs while enforcing our client's rights under the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3) and 512(d)(3) (D.M.C.A.)) if this matter is not settled quickly. You can expect the settlement amount to double or triple in that case. More information about this process, your rights and the underlying law is available at You are now on notice as to copyright in respect of the Work. If we do not receive an adequate response by Dec 29, 2013, we will immediately and without further warning take such action as necessary in order to protect our client's rights including, without limitation, legal action for injunctive relief or to recover damages and legal costs without further notice to you. "Pull down" notices under the D.M.C.A. will be sent to Google, your web host, Microsoft and Yahoo on this day (copies of these are available, along with the full brief of evidence against you, at We reserve all of the owner's other rights. The evidence of your infringement from Google.com and the Wayback Machine (Archive.org) has been recorded on our files and attempting to remove or otherwise destroy evidence to avoid prosecution will provide further evidence against you. As required under Federal Australian law, you may contact me in writing to arrange an alternative settlement, payment plan or discuss with me the issues with a view to resolution or to express the desire to pursue alternative dispute resolution (ADR). You may request further information from me to help you to understand the issues in dispute and how they might be resolved and you may suggest any other 'genuine step' as per the Civil Dispute Resolution Act 2011 and the Civil Dispute Regulations 2011 (CDR Legislation) as to how to resolve this dispute. The Authors' Trust is committed to investigating copyright infringement to protect the interests of the author's we represent. If you were to sign up with us, we may be able to identify instances where your site has been copied by others, and we could recover damages for you which can offset what you owe. See the postscipt below for more information on joining the The Author's Trust. I am happy to discuss this matter but be aware of any time zone differences (I am located in the UTC+09:30 time zone). It would be appreciated if you were able to send an to make an appointment for a voice call, quoting your reference: -v- Website-Design_Case 2. Faithfully S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics) as trustee for The Authors' Trust PS: You may be able to pay this settlement by signing up with the The Author's Trust. Call me to

3 3 of 47 15/12/ :11 AM discuss on Copyright The Authors' Trust. All Rights Reserved.

4 4 of 47 15/12/ :11 AM Settlement Demand - Remittance Details An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61) Tel: + (61) Fax: +(61) [email protected] Reference: -v- Case Number: 2 Settlement Demand Date: Dec 15, 2013 Penalty Amount: $2,950 USD Fee Amount: $1,178 USD Total Amount: $4,128 USD Payment Terms The Authors' Trust is the authorised collection and copyright agent for Exa Pty Ltd and you must pay the full amount to us to effect settlement. Payment Options a) 70 payments of $100 (20% p/a) b) 26 payments of $200 (14% p/a) c) 9 payments of $500 (8% p/a) d) 1 payment of $4,128 (0% p/a) The payment of an instalment converts the settlement offer to a debt due with the interest shown. Failure to pay any instalment will automatically incur additional interest. Payment Methods 1) Bank Transfer: The Authors' Trust Name of Bank: BankSA BSB: Account: Swift Code: SGBLAU2S Reference No: -v- business-listing.com.au_ecommerce-website- Design_Case 2 2) Send cheques made out to: The Authors' Trust PO Box 105 Coonawarra SA 5263 AUSTRALIA 3) Credit Card Name on card: Expiry: / Card Number: CVV: Signature: Please advise proof of payment by to [email protected]

5 5 of 47 15/12/ :11 AM Brief of Evidence Full copy available at -vwww.australia-business-listing.com.au_ecommerce-website-design_case 2.pdf Copyright-Archive Report Completed comparing: versus on Dec 15, 2013 using "Digital marketing is the heart of the modern day marketing plan an integral part" as a seed Statistically Impropable Phrase (SIP) initially and then comparing the entire text on both URL's. Details: 1) Levenshtein fuzzy match at 97.50% similarity for 2) does not give credit back to by citation - the word EXA does not appear in the visible text at all. 3) does not hyperlink back to - the domain does not appear in the html at all. However, it may contain shortened links such as those provided by bit.ly etc. Shortened links do not provide the same implied authorisation by credit given, and still amount to infringements. 4) Earliest year copyright is claimed is 2013 by the author of It may or may not be accurate. It was found in this string: 2013 Australia Business Listing. Here are all the copyright related strings we found: 2013 Australia Business Listing,copyright"> 2013 Australia Business Listing, 5) Levenshtein fuzzy match at 97.50% similarity for 6) did not contain a valid copyright year that we could use. 7) contained no reference to copyright at all. 8) While we have evidence of the publication of from both Google and the Wayback Machine, the evidence from the Wayback Machine is irrefutable and puts the work's priority date at Nov 11, ) WB Error number: 200 Header string: HTTP/ Moved Temporarily Curl info: We will proceed regardless (with an arbitrary priority date of Dec 14, 2013) 10) Failed wbmachine - using Google Earliest Crawl Date as evidence of their date: Mar 13, ) has an earlier Priority Date: Nov 11, 2009 than /ecommerce-website-design/ : Mar 13, It will be necessary for the owner of /ecommerce-website-design/ to prove they created and published the text in question from earlier than Nov 11, 2009, and this will be hard to do without 3rd party witnesses as to the precise content being available earlier as well as an independently certified contemporaneous web server access log showing unbroken crawler rejection of Google and Wayback between Nov 11, 2009 and Mar 13, 2013 (1218 days) via a robots.txt file prohibiting crawling,residing on Otherwise, this infringement has been ongoing for 276 days so far and as at Dec 14, ) The level of character similarity between these text snippets is 420. This means out of 922 characters, 420 where the same, giving a percentage of 45.55%. 13) The level of character similarity between these two pages is 16%. This means out of 8953 characters on the smallest page, 1460

6 6 of 47 15/12/ :11 AM were the same, giving a percentage of 16.31%, bearing in mind that the largest page ( contained more characters than ours, and generated a percentage of 6.41% in that context. 14) The frequency of identical words occuring between the two snippets is 71%. This means out of 120 words in the smallest snippet, 85 where the same, giving a percentage of 70.83%, bearing in mind that contained 52 more words. 15) The frequency of identical words occuring between the two pages is 152. In relation to 'unique word count' of 650, this is 23.38%. In relation to 'unique word count' of 1299, this is 11.70%. contains 649 less words. Using with 650 unique words, the actual identical word frequency is 152 and the identical word frequency ratio is 23.38%. 16) The frequency of different words occuring between the two pages is In relation to 'unique word count' of 650, this is %. In relation to 'unique word count' of 1299, this is 88.30%. contains 649 less words. Using with 1299 unique words, the actual identical word frequency is 152 and the different word frequency ratio is 88.30%. 17) The frequency of identical sentences (SLIPs - statistical less improbable phrases - 4 words) occuring between the two pages is 1. In relation to 'short sentence count' of 1488, this is 10%. In relation to 'short sentence count' of 357, this is 43%. contains 1131 less sentences. Using with 357 non-unique short sentences (NOSLIPs - Non_Unique Statistically Less Improbable Phrases), the actual identical sentence frequency is 1 and the identical sentence frequency ratio is 43% 18) The actual frequency of materially similar (if not identical) [Levenshtein < 30 characters] sentences occuring between the two pages is 26 (comparing with and 28 (comparing with 19) In relation to NOSLIPs of 357, 26 amounts to 7.28%. 20) In relation to NOSLIPs of 1488, 28 amounts to 1.88%. 21) contains 1131 less sentences than Design/. Using with 357 NOSLIPs, the actual materially similar sentence frequency ratio is 28 and the identical sentence frequency ratio is 7.84%. When the order of the pages is reversed, using with 1488 NOSLIPs, the actual materially similar sentence frequency ratio is 26 and the identical sentence frequency ratio is 1.75%. 22) It is more accurate to refer to the higher percentage as otherwise legitimate copies are ignored. Therefore, the materially similar sentences ratio is 7.84%. 23) SUBSTANTIALITY: As merely indicative, we have added a small weighting of per percent for scores of over 30% for snippet similarity. While the snippet is a subset of the whole page score, a high score here signifies the degree of copying intensity at one point in the document, making it easier to demonstrate an infringement. Greater than 46% of the characters in the snippet are identical and therefore the cost is 1.14, making the total substantiality weighting ) SUBSTANTIALITY: We have added a moderate weighting of 0.05 per percent for scores over 25.00% for identical words in the snippet. Even though the snippet is a subset of the whole page score, a high score here means that there is more intence of copying in one location of As greater than 70.83% of the words in the snippet are identical the weighting is 3.54 and the total weighting is ) SUBSTANTIALITY: It is highly improbable that a page with more than 10% of identical words does not contain copying. Therefore, this factor carries 1.1 of a percent weighting. We are confident this page contains a substantial degree of copying because greater than 1.1% of the words on are identical with - in fact 23.38% match. The additional weighting is and the total substantiality weighting so far is ) SUBSTANTIALITY: It is highly improbable that a page with more than 50 identical words does not contain copying. Therefore, this factor carries 0.02 of a percent weighting. We are confident this page contains a substantial degree of copying because 152 words on are identical with The additional weighting is 3.04 and the total substantiality weighting so far is ) SUBSTANTIALITY: It is unlikely that a page with more than 5% identical sentences does not contain copying - in fact, that is the definition of copying. Therefore, this factor carries a 6 percent weighting. We are confident this page contains a substantial degree of copying because 43% sentences on are identical with The additional weighting is and the total substantiality weighting so far is

7 7 of 47 15/12/ :11 AM 28) SUBSTANTIALITY: We are confident that this page contains a substantial degree of copying because more than 4 phrases on the page are materially similar if not identical to those on yours. In fact, there are 26 materially similar sentences on matching This factor carries a 6 percent weighting. The additional weighting is therefore and the total substantiality weighting so far is ) FINAL SUBSTANTIALITY: For these reasons, the total extent of copying from by has been assessed at , where 100 amounts to an infringement that is legally actionable in terms of whether there is a sufficient degree of copying (whether the copying is substantial). Historical 3rd Party Evidence

8 Full brief available at 8 of 47 15/12/ :11 AM