dmca/2018/2018-02-16-Vertical-Life.md

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[private],

thank you for your quick reply.

I have sent you the notice of copyright infringement in order to make you aware that your website contains content that violates my clients copyright. From the moment of receipt of my e-mail you cannot disclaim yourself by saying that “no one has told you”.

You can certainly insist in the formal requirements of your DMCA procedures, but I strongly suggest you to take down immediately the content of https://github.com/dcohen21/8a.nu-Scraper, at least until we have clarified the situation, because otherwise you are jointly responsible for every damage suffered by my client due to the copyright violation.

Vertical-Life is the owner of the database containing the user data of 8a.nu, as you can see in https://www.8a.nu/Contact.aspx. The database has not only been scraped (what, under certain circumstances, can be ok) but also rebuild with the scraped datasets, id est copied, and made publicly available on the abovementioned url.

I am aware that, when it comes to database copyright protection, US law differs from Italian law, but as long as your website is accessible from Italy, you can be sued in Italy and according to Italian law.

I certainly have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.

As I already have stated under penalty of perjury, I am authorized to act on behalf of the copyright owner. Of course, the information in this notification is accurate.

Kind regards.

[private]

Brugger & Partner
Rechtsanwaltssozietät – Studio Legale Associato
[private]
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