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From: "Big Guy" <bigguy@who.net>
To: mbinder@your-web.??
Cc: abuse@cyberlink.??, postmaster@cyberlink.??, root@cyberlink.??,
webmaster@cyberlink.??, hostmaster@cyberlink.??, noc@cyberlink.??,
support@cyberlink.??, abuse@your-web.??, postmaster@your-web.??,
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abuse@cablecom.???, postmaster@cablecom.???,
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Date: Sun, 4 Jan 2009 21:04:57 -0500
Subject: cease and desist
Received: from [64.231.12.218] by ws1-5.us4.outblaze.com with http for
bigguy@who.net; Sun, 4 Jan 2009 21:04:57 -0500
X-Originating-Ip: 64.231.12.218
X-Originating-Server: ws1-5.us4.outblaze.com
Message-Id: <20090105020457.6511A4780C8@ws1-5.us4.outblaze.com>
Jamie Baillie
3-42 Saranac Blvd
North York, Ontario
Canada, M6A 2G5
Phone #: 641-715-3900 ext 7192564
January 4 2009,
The individual is using a picture of Mr. Baillie on this website with out
my permission infact this picture of me was stolen from Mr. Baillie's PC
when it was broken into so any server that has a copy of these
images on them is in possession of stolen property.
I demand that the images located bellow be immediately removed
from all servers.
http://www.0brain.org/
http://www.0brain.org/HolyFuckingShit.gif
http://www.0brain.org/comic.jpg
http://www.0brain.org/k00ky-right.jpg
http://www.0brain.org/lamers2.jpg
http://www.0brain.org/lamie-comic-2.jpg
http://www.0brain.org/lamie-comic-3.jpg
http://www.0brain.org/lamie-comic-4.jpg
http://www.0brain.org/spamtalk.jpg
http://www.0brain.org/jamie_clown.jpg
Mr. Baillie has never asked this individual to setup this site
and he demands that this site be immediately removed.
"We believe that Jamie Baillie *asked* us to make a parody which shows who
is the real nazi, here we go:"
The individual has listed Mr. Baillie's email addresses on this website
as well so that they will be harvested and spammed by as many spammers
possible. This is unacceptable and Mr. Baillie asks that all the email
addresses for his domain and all other of his email addresses listed
on this site be immediately removed.
This clearly shows how abusive this individual Claus really is that he
intentionally
posts email addresses on this website where he knows they will be harvested
by spammers. This individual runs a block list and is quite aware that
spammers
harvest email addresses from websites and then they send spam to the email
addresses.
01/04/09 19:30:34 dns www.0brain.org
Mail for www.0brain.org is handled by mailgate2.webhost4u.ch
mailgate1.webhost4u.ch
Canonical name: 0brain.org
Aliases:
www.0brain.org
Addresses:
193.138.29.200
01/04/09 20:11:24 whois 193.138.29.200@whois.ripe.net
whois -h whois.ripe.net 193.138.29.200 ...
% This is the RIPE Whois query server #1.
% The objects are in RPSL format.
%
% Rights restricted by copyright.
% See http://www.ripe.net/db/copyright.html
% Note: This output has been filtered.
% To receive output for a database update, use the "-B" flag.
% Information related to '193.138.29.0 - 193.138.29.255'
inetnum: 193.138.29.0 - 193.138.29.255
netname: YOURWEB-NET
descr: SCS Swiss Computer Services AG
org: ORG-SSCS1-RIPE
country: CH
admin-c: MB10098-RIPE
tech-c: MB10098-RIPE
status: ASSIGNED PI
mnt-by: MNT-SCS
mnt-by: RIPE-NCC-HM-PI-MNT
mnt-lower: RIPE-NCC-HM-PI-MNT
mnt-routes: MNT-SCS
mnt-domains: MNT-SCS
source: RIPE # Filtered
organisation: ORG-SSCS1-RIPE
org-name: SCS Swiss Computer Services AG
org-type: OTHER
address: 8953 Dietikon
address: Lerzenstrasse 21
e-mail: mbinder@swisscomputerservices.??
mnt-ref: MNT-SCS
mnt-by: MNT-SCS
source: RIPE # Filtered
person: Marcel Binder
address: SCS Swiss Computer Services AG
address: Lerzenstrasse 21
address: 8953 Dietikon
e-mail: mbinder@swisscomputerservices.??
phone: +41 44 744 60 60
fax-no: +41 44 744 60 66
mnt-by: AS8404-MNT
nic-hdl: MB10098-RIPE
source: RIPE # Filtered
% Information related to '193.138.29.0/24AS8404'
route: 193.138.29.0/24
descr: SCS Swiss Computer Services AG
descr: Dietikon, Switzerland
descr: network routed via cablecom GmbH, Switzerland
origin: AS8404
mnt-by: AS8404-MNT
source: RIPE # Filtered
http://www.cidr-report.org/cgi-bin/as-report?as=AS8404&view=2.0#AS8404
AS Adjancency Report
8404 CABLECOM Cablecom GmbH
Adjacency: 1 Upstream: 1 Downstream: 0
Upstream Adjacent AS list
AS6830 UPC UPC Broadband AG
Cablecom GmbH you are being contacted because your downstream
customer SCS Swiss Computer Services AG has already been
contacted several times about this matter and have done nothing
to correct this abuse and boot the person responsible from their
network.
01/04/09 19:46:26 whois 62.12.170.22@whois.ripe.net
whois -h whois.ripe.net 62.12.170.22 ...
% This is the RIPE Whois query server #2.
% The objects are in RPSL format.
%
% Rights restricted by copyright.
% See http://www.ripe.net/db/copyright.html
% Note: This output has been filtered.
% To receive output for a database update, use the "-B" flag
% Information related to '62.12.170.16 - 62.12.170.31'
inetnum: 62.12.170.16 - 62.12.170.31
netname: VDSL-YOUR-WEB-GMBH
descr: your-web GmbH
country: CH
admin-c: MB17861-RIPE
tech-c: MB17861-RIPE
rev-srv: ns1.cyberlink.ch
rev-srv: ns2.cyberlink.ch
rev-srv: ns3.cyberlink.ch
status: ASSIGNED PA
mnt-by: CYBERLINK-MNT
source: RIPE # Filtered
person: Marcel Binder
address: your-web GmbH
address: Lerzenstrasse 21
address: 8953 Dietikon
address: Switzerland
phone: +41 44 744 6000
fax-no: +41 44 744 6066
e-mail: mbinder@your-web.??
nic-hdl: MB17861-RIPE
mnt-by: CYBERLINK-MNT
source: RIPE # Filtered
% Information related to '62.12.128.0/17AS15623'
route: 62.12.128.0/17
descr: Cyberlink Internet Services AG
origin: AS15623
mnt-by: CYBERLINK-MNT
source: RIPE # Filtered
Path:
g2news1.google.com!news2.google.com!news.glorb.com!news2!feeder.erje.net!feed.x
snews.nl!border-1.ams.xsnews.nl!feeder.news-service.com!sa01!news.cyberlink.ch!
not-for-mail
Newsgroups: news.admin.net-abuse.email
Subject: Re: [el tardo] Oh Lamie! Oh noes :-D
From: use-reply-to-mail-me@remove-this.com (Claus v. Wolfhausen)
Reply-To: c.v.wolfhausen@spamkiller.uceprotect.???
Organization: UCEPROTECT Orga
X-Newsreader: Bullshitfilter V.1.0 (OpenBSD)
References: <1fitl4hc7kfd910l4mjlpciv1ceud31hcr@4ax.com>
<JVz7l.1854$PH1.1139@edtnps82>
<q6vul4t9lq8861ia91bdjbktu2l87g5qav@4ax.com>
MIME-Version: 1.0
Content-Type: Text/Plain; charset=US-ASCII
Message-ID: <38caa$4960c75b$3e0caa16$8869@news.cyberlink.ch>
X-Complaints-To: abuse@cyberlink.??
Date: Sun, 04 Jan 2009 15:27:39 +0100
Lines: 33
NNTP-Posting-Host: 62.12.170.22 (62.12.170.22)
NNTP-Posting-Date: Sun, 04 Jan 2009 15:27:39 +0100
X-Trace: 38caa4960c75b9ba90fb308869
Holy Fucking Shit :-)))))))
http://www.0brain.org/HolyFuckingShit.gif
All those images seems to be "stollen" from Tardbusters website
http://www.0brain.org
I guess that will not be "tollerated" by EL Tardo.
Didn't that troll claim he'd have all those parody sites nuked some month
ago?
Claus von Wolfhausen
UCEPROTECT-Projektleitung
http://www.uceprotect.net
Claus v. Wolfhausen has now taken to spamming his site to the
usenet newsgroups. This is totally off topic for the newsgroup
it was posted in.
Here is the charter for the group it was posted in
news.admin.net-abuse.email
this has NOTHING to do with what this group is meant for.
http://www.killfile.org/~tskirvin/nana/charter/nanae.html
"News.admin.net-abuse.email is a forum for discussion of possible
abuses of e-mail. Possible topics include mailbombing, denial-of-service
attacks, "listserv bombs", unsolicited and/or unwanted mail, email address
lists, mailing list abuse, large-scale mailings in general, chain letters,
"email viruses" such as Good Times, filtering software such as procmail,
and so forth. Flames and other personal attacks received through email are
not on-topic, unless they are related to another form of abuse."
He is spamming the usenet newsgroups via the IP address of
62.12.170.22
01/04/09 19:32:42 dns 62.12.170.22
nslookup 62.12.170.22
Canonical name: dsl.your-web.ch
Addresses:
62.12.170.22
01/04/09 19:32:45 whois 62.12.170.22@whois.ripe.net
whois -h whois.ripe.net 62.12.170.22 ...
% This is the RIPE Whois query server #1.
% The objects are in RPSL format.
%
% Rights restricted by copyright.
% See http://www.ripe.net/db/copyright.html
% Note: This output has been filtered.
% To receive output for a database update, use the "-B" flag.
% Information related to '62.12.170.16 - 62.12.170.31'
inetnum: 62.12.170.16 - 62.12.170.31
netname: VDSL-YOUR-WEB-GMBH
descr: your-web GmbH
country: CH
admin-c: MB17861-RIPE
tech-c: MB17861-RIPE
rev-srv: ns1.cyberlink.ch
rev-srv: ns2.cyberlink.ch
rev-srv: ns3.cyberlink.ch
status: ASSIGNED PA
mnt-by: CYBERLINK-MNT
source: RIPE # Filtered
person: Marcel Binder
address: your-web GmbH
address: Lerzenstrasse 21
address: 8953 Dietikon
address: Switzerland
phone: +41 44 744 6000
fax-no: +41 44 744 6066
e-mail: mbinder@your-web.??
nic-hdl: MB17861-RIPE
mnt-by: CYBERLINK-MNT
source: RIPE # Filtered
% Information related to '62.12.128.0/17AS15623'
route: 62.12.128.0/17
descr: Cyberlink Internet Services AG
origin: AS15623
mnt-by: CYBERLINK-MNT
source: RIPE # Filtered
The site is violating all copyright laws the individual who owns
This site is using Mr. Baillie's picture on this site without his
permission. Mr. Baillie own this picture and this individual has
NO permission to use this picture on his website, these pictures need to be
immediately removed from all servers.
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.
I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Please accept this demand for your clients to immediately remove all
such statements, misrepresentations and assertions and copyright
violations from the websites listed above.
I am sure it is unnecessary for me to explain laws related to slander,
liable [sic], and defamation of character and the other potential
violations of law
already committed by these websites.
There are also legal implications of libel, slander, defamation of
character and invasion of privacy on the part of said website which I
am sure your fair company would rather not be party to should the
entire request for removal not be heeded.
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.
? a complaint against you and/or your company under the Uniform Domain
Name Dispute Resolution Policy
http://www.icann.org/udrp/udrp-policy-24oct99.htm and
http://www.icann.org/udrp/udrp-rules-24oct99.htm
? litigation against you and/or your company in either US or English
Courts on the grounds of defamation, trade mark and copyright
infringement.
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,
Mr. Baillie reserves his 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 and for violation of copyright laws.
Whilst setting out the legal options open to 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 darkshad@darkshado.ca
or via the phone at 641-715-3900 ext 7192564
Yours faithfully
Jamie Baillie