The picture of this individual is posted under the relevant fair-dealing provisions of the canadian copyright act (http://www.cb-cda.gc.ca/info/act-f.html#29), and since it is hosted on a server located in canadian soil, it is well beyond the reach of the DMCA which is uslessly invoked here.
Mister Jamie Baillie has a well-documented history of spamming and of harassing anti-spamming individuals who regularly post on the USENET group news.admin.net-abuse.email, up to including harassing various police department law-enforcement officers.
Anybody investigating this instance will be interested in consulting the following website before acting further: http://www.jamiebaillie.com/
In addition, Mr. Baillie has repeatedly claimed that this picture is not his, so he is effectively committing perjury by stating so.
Mister Jaimie is repeatedly harassing various ISPs throughout the USA for hosting this pictures, and is regarded by those ISPs as a nuisance who is best ignored. Several ISPs routinely post Mr Baillie’s complaints on internal joke bulletinboard for the amusement of employees.
Since the posting of this picture is not in violation of the canadian copyright laws, I will not remove the picture unless compelled so by a proper legal injunction filed in the court of law of the proper jurisdiction.
I also wish to remind everyone here that the CANADIAN PRIVACY ACT (which applies in this case) prohibits ISPs from divulging personal information of customers without due legal process.
Finally, as mister Baillie has demonstratedly in the past commited acts of harassment which could be interpreted as criminal, any divulgation of personal information regarding my internet account will be considered as aiding and abetting a criminal act.
-------- Original Message --------
Subject: [Fwd: Cease and Decist Order]
Date: Tue, 25 Apr 2006 13:12:36 -0700
From: Abuse $MUNGED
To: etaoin.shrdlu.nospam@gmail.com
Please look into this matter and notify No-IP of how you resolved the
issue.
-------- Forwarded Message --------
Cc: $WHOLE LIST DELETED
Subject: Cease and Decist Order
Date: Tue, 25 Apr 2006 15:29:36 -0400
Jamie Baillie
3-42 Saranac Blvd
North York, Ontario
Canada, M6A 2G5
Phone #: 416-781-0627
April 25 2006,
This is to inform you that this is not well with in Canadian Copyright
laws or US Copyright laws for that matter and that I demand that this
immediately cease and decist.
The offending material is located at (old address) I am the owner of the picture in question and this individual has NO permisison what so ever to use this picture on the website. This violates both Canadian and US Copyright laws. since No-IP is based in the USA I will quote both Candian and US Copyright laws in this complaint.
I am the owner of this picture and the picture was taken with my
webcamera by me.
and this individual has no permission to use this picture on the website
in
question.
NO-IP.COM you are providing this abuser a subdomain which needs to be
immediately removed.
This is clearly a violation under the Digital Milennium Copyright Act
(DMCA)
Under section 1201 of the DMCA.
The Civil and Legal remedies are outlined in section
1203 and 1204.
I swear, under penalty of perjury consistent with
United States Code Title 17, Section 512, that the information in
the notification is accurate and that I am authorized to act on behalf
of the owner
of an exclusive right that is allegedly infringed.
I have a good faith belief that use of the copyrighted materials
described above on the
allegedly infringing web pages is not authorized by the copyright owner,
its agent, or the law.
04/25/06 14:39:42 dns etaoin.zapto.org
Canonical name: etaoin.zapto.org
Addresses:
216.137.100.175
04/25/06 14:40:12 dns 216.137.100.175
nslookup 216.137.100.175
Canonical name: dsl-100-175.rocler.com
Addresses:
216.137.100.175
04/25/06 14:48:03 dns zapto.org
Canonical name: zapto.org
Addresses:
204.16.252.112
04/25/06 14:48:15 IP block zapto.org
Trying 204.16.252.112 at ARIN
Trying 204.16.252 at ARIN
OrgName: Vitalwerks Internet Solutions, LLC
OrgID: VISL-1
Address: 3047 E. Warm Springs Rd
Address: Suite 400
City: Las Vegas
StateProv: NV
PostalCode: 89120
Country: US
NetRange: 204.16.252.0 - 204.16.255.255
CIDR: 204.16.252.0/22
NetName: VITAL-NOIP
NetHandle: NET-204-16-252-0-1
Parent: NET-204-0-0-0-0
NetType: Direct Assignment
NameServer: NS1.NO-IP.COM
NameServer: NS2.NO-IP.COM
NameServer: NS3.NO-IP.COM
NameServer: NS4.NO-IP.COM
NameServer: NS5.NO-IP.COM
Comment: For abuse complaints please open a trouble ticket
RegDate: 2005-11-18
Updated: 2005-11-18
RAbuseHandle: ABUSE845-ARIN
RAbuseName: Abuse
RAbusePhone: +1-702-459-8444
RTechHandle: DDU35-ARIN
RTechName: Durrer, Dan
RTechPhone: +1-702-459-8444
OrgTechHandle: DDU35-ARIN
OrgTechName: Durrer, Dan
OrgTechPhone: +1-702-459-8444
# ARIN WHOIS database, last updated 2006-04-24 19:10
# Enter ? for additional hints on searching ARIN's WHOIS database.
For Sympatico.ca and rocler.ca / rocler.com this is a violation of
Canadian
copyright laws as well and this individual needs to be immediately
removed
from this network
13. (1) Subject to this Act, the author of a work shall be the first
owner of the copyright therein.
(1) Every person who knowingly
(a) makes for sale or rental an infringing copy of a work or
other subject-matter in which copyright subsists,
(b) sells or rents out, or by way of trade exposes or offers for
sale or rental, an infringing copy of a work or other
subject-matter in which copyright subsists,
(c) distributes infringing copies of a work or other
subject-matter in which copyright subsists, either for the
purpose of trade or to such an extent as to affect prejudicially
the owner of the copyright,
(d) by way of trade exhibits in public an infringing copy of a
work or other subject-matter in which copyright subsists, or
(e) imports for sale or rental into Canada any infringing copy
of a work or other subject-matter in which copyright subsists
is guilty of an offence and liable
(f) on summary conviction, to a fine not exceeding twenty-five
thousand dollars or to imprisonment for a term not exceeding six
months or to both, or
(g) on conviction on indictment, to a fine not exceeding one
million dollars or to imprisonment for a term not exceeding five
years or to both.
I am the author of this picture and the owner of the picture
and this individual has no permission what so ever to use
this on his website. They are exibiting my picture on a public
website and they have no permission to do so from the author.
This abuse needs to immediately cease and decist and this
abuser needs to be immediately removed from your network.
Newsgroups: news.admin.net-abuse.email
Subject: Re: [Lamie] jamiebaillie.com
User-Agent: Xnews/5.04.25
X-Antivirus: avast! (VPS 0617-1, 2006/04/25), Outbound message
X-Antivirus-Status: Clean
Lines: 22
Date: Tue, 25 Apr 2006 17:22:35 GMT
NNTP-Posting-Host: 216.137.100.175
X-Trace: news20.bellglobal.com 1145985755 216.137.100.175 (Tue, 25 Apr
2006 13:22:35 EDT)
NNTP-Posting-Date: Tue, 25 Apr 2006 13:22:35 EDT
Organization: Bell Sympatico
Path: darkshad!news20.bellglobal.com!nf1.bellglobal.com!
nf2.bellglobal.com!news20.bellglobal.com.POSTED!not-for-mail
Xref: darkshad news.admin.net-abuse.email:2965407
It is well beyond the reach of the DMCA.
And it is well within canadian copyright laws.
-- My little NANAE hangout: http://etaoin.zapto.org
To e-mail me KEEP THE ".nospam" portion of my address!!!!
Quick! Someone gives Dubya a blowjob so he could be impeached!!! Have you hugged a cat today???
Accordingly, please advise as to removal of these various items by 5
business days.
If they are not removed within this time frame then the following
actions can be taken
against you.
In the event that Mr. Baillie is compelled to take legal proceedings by
your failure to
comply with the reasonable requests made in this letter, our client
reserves its rights to
seek damages and/or an injunction against you and/or your company to
prevent the
Website from publishing defamatory comments relating to Mr. Baillie.
Whilst setting out the legal options open to our Mr. Baillie, we would
reiterate that
he would prefer to avoid formal legal proceedings if possible.
Given the nature of this letter, we would urge you not to post it to the
Website.
If you were to do so, we are confident that the relevant Courts
(and any visitors to the Website) would interpret such action as clear
evidence of the bad faith motivating your operation of the Website.
We look forward to receiving the confirmation that the website(s) have
been
removed and the requested written undertaking in the timescale set out
above.
You may contact me at the email address jamiebaillie@sympatico.ca or via
the phone at
416-781-0627
Yours faithfully
Jamie Baillie