Aguiar v. Webb et al

Filing 21

DECLARATION re 19 Opposition to Motion by Floyd Webb. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X# 25 Exhibit Y# 26 Exhibit Z# 27 Exhibit AA# 28 Exhibit BB# 29 Exhibit CC# 30 Exhibit DD# 31 Exhibit EE# 32 Exhibit FF# 33 Exhibit GG# 34 Exhibit HH# 35 Exhibit II)(Karl, Brandy)

Aguiar v. Webb et al

Doc. 21 Att. 9

Case 1:07-cv-11673-MLW

Document 21-10

Filed 10/12/2007

Page 1 of 4

Dockets.Justia.com

Case 1:07-cv-11673-MLW

Document 21-10

Filed 10/12/2007

Page 2 of 4

I, Floyd Webb, state: YouTube has apparently removed or disabled access to a video I posted entitled "The Search For Count Dante," which was formerly available these addresses: http://www.youtube.com/watch?v=C-Bqb5pT5N0. http://www.youtube.com/watch?v=6JKpnurQQ24x This video is a trailer for an upcoming documentary on the controversial martial artist John Keehan, aka Count Dante. I created this video trailer, and uploaded it to YouTube through my account, named archanjo88. According to the attached document I received from YouTube, it appears that my video was removed or disabled as a result of a takedown notice delivered by the Black Dragon Fighting Society/Count Dante Fighting System ("BDFS"), pursuant to 17 U.S.C. § 512(c). In that takedown notice, BDFS alleges they own the copyrights to certain images that appear in my video trailer. Under penalty of perjury, I assert I have a good faith belief that my video trailer was removed or disabled as a result of mistake or misidentification because this video does not infringe any copyrights owned by the BDFS. I am informed and believe that BDFS does not, in fact, own the copyrights it asserts, and that any use of the images as to which BDFS does assert copyright is protected by the Fair Use Doctrine, 17 U.S.C. § 107. I reside at 410 South Michigan Ave., Chicago, Illinois 60605, my telephone number is [phone], and my email address is [e-mail]. I consent to the jurisdiction of the U.S. District Court for the Northern District of Illinois and I will accept service of process from BDFS or their agent. Dated this 19th day of July, 2007 at Chicago, Illinois.

Floyd Webb

Case 1:07-cv-11673-MLW

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Filed 10/12/2007

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From: Copyright Notice <[e-mail]> Date: Jun 20, 2007 7:56 PM Subject: Video Removed: Copyright Infringement To: archanjo88 < [e-mail]>

YouTube | Broadcast YourselfTM
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Black Dragon Fighting Society/Count Dante Fighting System claiming that this material is infringing: The Search for Count Dante Trailer 2: http://www.youtube.com/watch?v=6JKpnurQQ24 Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide. If you elect to send us a counter notice, please go to our Help Center to access the instructions. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Sincerely, YouTube, Inc. Copyright © 2007 YouTube, Inc.

Case 1:07-cv-11673-MLW

Document 21-10

Filed 10/12/2007

Page 4 of 4

From: Copyright Notice <[e-mail] > Date: Jun 20, 2007 7:56 PM Subject: Video Removed: Copyright Infringement To: archanjo88 <[e-mail]>

YouTube | Broadcast YourselfTM
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Black Dragon Fighting Society/Count Dante Fighting System claiming that this material is infringing: The Search for Count Dante: http://www.youtube.com/watch?v=CBqb5 p T5N0 Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide. If you elect to send us a counter notice, please go to our Help Center to access the instructions. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Sincerely, YouTube, Inc. Copyright © 2007 YouTube, Inc.