You are on page 1of 2

Intrepid Network Concepts Inc.

1639 Bradley Park Drive Suite 500, PMB 110 Columbus, Georgia 31904
Matthew S. Chan President (706) 341-2575 (888) 696-3441 FAX

December 13, 2011 Scribd, Inc. Attn: Jason Bentley, Copyright Agent 539 Bryant St, Suite 200 San Francisco, CA 94107 FAX: 415.896.9896 (Attn: Scribd DMCA copyright infringement notification) Dear Mr. Bentley: We regret that a DMCA complaint was made to our account and that you and Scribd have to take time to deal with this matter. While we are not perfect, I can assure you we strive to be good and compliant online citizens with Scribd and every online service we utilize. This letter is a formal response to a claim of copyright infringement against one of the documents (id: 74361657) by John E. Grant III of IMUA Legal Advisors that we uploaded and published on Scribd.com. I believe the claims of copyright infringement are inaccurate and should be rejected because: The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported. Because of the nature of the material being reported, I have strong belief that the original complainant (who is a copyright lawyer himself) did not simply make an honest error but has knowingly and willfully filed a false DMCA complaint. Unfortunately for him, he has now potentially exposed himself to liability as described in 17 USC 512(f). As the original complainant knows, one of the disputed documents we shared on Scribd was sent/delivered by himself as a legitimate and legal business communication to the original, intended recipient. That recipient was within their full rights as the intended recipient to provide their copy to us or anyone else for the purpose of open reporting of the contents and messages within that letter. To our knowledge Mr. Grant has not registered that business communication letter with any legitimate copyright registration service. As a copyright lawyer himself, he should realize he could be held to a higher standard of knowledge and conduct. Further, I will be sharing this counter-notification letter to inform him and others that we will not tolerate persistent and abusive and illegitimate DMCA complaints against our online accounts (and consequently our online reputation) with Scribd or any other online service. 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. I also understand that you will provide a copy of counter-notification letter to the original complainant. Further, according to 17 USC 512(f), any person who knowingly misrepresents that material is infringing shall be liable for any damages, including costs and attorneys fees incurred by me and other related parties as a result of removing or disabling access to hosting services or other materials claimed to be infringing or in replacing the removed material. I ask that Scribd, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B). My name, address, and telephone number are: Matthew Chan 1639 Bradley Park Dr. Suite 500, PMB 110 Columbus, GA 31904 Phone: (762) 359-0425 I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside. I agree to accept service of process from the complainant. Having received this counter notification, you are now obligated under 17 USC 512(g)(2)(B) to advise the original complainant of this notice, and restore the material in dispute (and not take the material down again). Sincerely,

Matthew Chan