Yubani Noriega,
Supervising Legal Assistant - Copyright Enforcement Division
Law Firm of
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Higbee & Associates
March 10th, 2023
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Yubani,
Thanks for the email. It's always nice to hear from you.
This is a heads up, Linda and I will be on spring break from March 16th through March 29th, 2023. We will be traveling with our children and totally disconnected from the internet. This is a chance for me and my family to recharge our batteries.
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Will your attorney be responding to these questions?
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In my last email to you. I asked you 7 questions.
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(1) About claim number: 516719 dated September 19th, 2018.
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(2) Why did PicRigths vary from their normal policy on notification.
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Sure looks like a coordinated attack between your law firm and PicRights International Inc. on my company website.
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(3) I'm asking you to provide me with all documents relating to ownership of all images in question, plus all copyright registration certificates with dates. I'm expecting to see all 40 copyright registration certificates, so I can review them and determine legal claim, so I can make plans to move forward with my defense.
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(4) I asked you if you wanted me to remove my offer of $4000.00
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(5) I asked you in my last email. I thought you were negotiating in good fath with me, am I wrong?
(6) In an earlier email you stated 42 images in question. Then in your latest email you now say 40, one was removed and deleted from claim #XQVVPY now making that claim 5 photos in question. So was the 42nd photo from claim number: 516719 or someplace else?
(7) You replied to one of my question in your email dated 2/28/2023
Exhibit D - 6PEEMQ I have attached the image in question and screenshot to show it is the same image.
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Yes you sent two attachments with photos on February 27th, 2023
I have four questions for you about your screenshot of that webpage at that time. (1) When was the screenshot taken, time and date required. (2) Who took that screenshot. Was it, Higbee & Assocciates, PicRights International Inc, The Associated Press or was it someone else, in this case I would require a name. (3) Where was the image located. Please give me the exact location on a given web page with in a given website. (4) Can you explain to me in detail how you could take a screenshot of one of West St Paul Antiques webpages in July of 2022 and a 2nd screenshot of the same webpage and come up with two totally different screenshots. The definition of a screen·shot, "An image of the data displayed on the screen of a computer or mobile device." Our webpage doesn't look anything like you 2nd screenshot so please explain how this is possible.
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I brought up those questions in my last email to you. I fully expect your attorney, Theodore Sell, to cooperate with my request in this matter.
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These are new questions for you today.
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Exhibit Z - Baseball Park - Claim No. 6PEEMQ and
Exhibit GG -Website other areas - Claim No. 6PEEMQ
These are the same photos of Texas Rangers relief pitcher Neftali Feliz celebrating after striking out New York Yankees' Alex Rodriguez for the final out in the Rangers' 6-1 win in Game 6 of baseball's American League Championship Series in Arlington, Texas in 2010. I have mentioned that to Brian Ayer from your law firm, back in January of 2023. I'm expecting you to remove one of those exhibits from your claim 6PEEMQ. I fully expect you to cooperate with my request in this matter.
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Two of your exhibits you really need to take a second look at, because they don't resemble the actual photographs that were on West St Paul Antiques website. These images were removed but you can see by your screenshots that you've made a mistake. They should be removed from your claims as follows.
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Exhibit B - Claim Number: XQVVPY No Man Left Behind - One of my Veteran's web pages for linking to other Veterans websites. You really need to take a second look at this image, because it doesn't resemble the actual photograph that was on West St Paul Antiques website. This photo was linked to a veteran's website called preciousstars.synthasite.com. The last I checked the website was down 2/8/2023. I have a screenshot of that image from the internet. You can find the same image by searching for precious stars synthasites. Click here for No Man Left Behind webpages and take a look for yourself.
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Exhibit Q - Claim Number: 6PEEMQ 1st Recon Battalion website 1st Recon Bn.com. This was the homepage to this nonprofit organization for the Marine Corps Special Forces in 2017 and acts as their backup system today. Veterans and Active Military Personnel are using these webpages for up-to-date information and educational purposes. In fact there are over 500 web pages on West St Paul Antiques website today for Veterans and Veterans organizations. I'm their membership director and webmaster. The image in question was a Veterans image "The Memory Remains, Not All Wounds Are Visible." You really need to take a second look at this image, because it doesn't resemble the actual photograph that was on West St Paul Antiques website. This photo was all over the internet in 2012-2017. You can find it on Flick today. This photo came from Facebook back in 2017. Click here for 1st Recon Battalion website..
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We can argue over all of these photographs for days or weeks. As I stated in my last email we possibly could set some new law precedents. The bottom line is all 40 images in question will fall under fair use. Where do we go from here. The ball is in your court.
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I'll look forward to hearing back from you and your attorney. If you have any questions for me don't hesitate to ask me. Keep in mind I will be on spring break starting next week.
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Have a great weekend and thanks for all your time in this matter.
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Sincerely,
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Floyd Ruggles,
On behalf of West St Paul Antiques
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This website contains, in various sections, portions of copyrighted material not specifically authorized by the copyright owner. This material is used for educational purposes only and presented to provide understanding or give information for issues concerning the public as a whole. In accordance with U.S. Copyright Law Title 17 U.S.C. Section 107, the material on this site is distributed without profit. More Information
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