196 Springvale Road
SPRINGVALE VIC 3171
KELLYS ON KING
285 King Street
NEWTOWN NSW 2042
02 9565 2288
PRINCE OF WALES AVE
cnr Boronia & Stud Roads
WANTIRNA VIC 3152
03 9801 6466
SILVER GULL DR, Ballina, NSW
LAKEMBA SERVICES CLUB
26 Quigg Street (cnr The Boulevarde)
LAKEMBA NSW 2195
02 9759 8033
LAWRENCE DRIVE TAVERN
55 Lawrence Drive
NERANG QLD 4211
07 5596 6610
130 Main Street
LITHGOW NSW 2790
02 6351 3379
LUCKY AUSTRALIAN TAVERN
81 Forresters Road
ST MARYS NSW 2760
02 9623 3600
LOCO JOES BAR & GRILL
136 Wood Street
MACKAY QLD 4740
07 4953 3595
There is an accepted protocol for disputes of this kind which you appear
intent on avoiding, for reasons I can only guess at.
In addition, it is generally accepted that where one party has a
grievance, the onus is on them to provide reasonable information to enable
the other side to properly consider matters. At the very least you could
supply copies of any registrations you claim to have and the names and
addresses of the owners of: Where To Sing . Com
You have not provided any information that would sway me to agree that you
had any monopoly on public information or other state granted
rights. Accordingly, I will pass these messages to the publisher for
them to post for the public to decide if you are acting reasonably and
will make appropriate representations to the governing bodies and/or the
From: "David" <firstname.lastname@example.org>
To: "Solar Navigator" <nelson @ solarnavigator.net>
Sent: Friday, October 20, 2006 2:22 AM
Subject: Re: Notice to provide further and better particulars - Without
Prejuduce save as to costs
Dear Mr Kruschandl,
Thank you for your reply.
All the information pertaining to our claim and methods by which you may
substantiate it were included in my last email, and we continue to assert
that you are violating copyright held by where2sing.com.
As such, the actions previously mentioned will be commenced at the
expiration of the notice period unless you remove the copyrighted material
from your website forthwith and advise such.
We will not entertain any further communication upon this subject.
The publisher of www.solarnavigator.net
is Max Energy Limited, a not for profit company registered in England and
Wales. The website host is protected under US jurisdiction and
consequently US copyright law, although such protection may be extended by
international convention, of which I may look into on receipt of better
Speaking personally, and not on behalf of the publishers (at this time) I
have some knowledge of copyright law in the UK, US and Australia. I
can advise that there is no artistic work involved in a simple A to Z
listing and that such works do not fall to be considered under Copyright
legislation, there being no artistic creativity and no copyright
is a common mistake to interpret copyright as encompassing such data.
This was found to be so in the US Supreme Court and see Feist vs. Rural.
This was the first of many similar rulings, others applying to websites.
You would do well to research this caselaw before similarly threatening
others. If you or the owners of your site have falsely obtained some
form of registered copyright, then it would be a matter for a court to
strike it from the record, and/or award damages to any party who has
suffered loss, costs, etc.
may be some artistic creativity in the colours and layout of your site,
but I note the SN site uses completely different colours and layout -
hence there can be no claim to imitation.
In addition, Max Energy Ltd. intend to compile international Karaoke
listings. I note you claim no such ambition.
That aside, to my knowledge nobody from Max Energy Limited has been on
your site, although I have just looked at your front page and note there
is a registration procedure, which I'm certain I would have remembered,
and so should anyone else. I don't recall being on your website before and
did not register, hence could not have seen the information therein.
The listings on the SN site have been painstakingly compiled independently
by volunteers and arranged in a format unique to the site, which format
owes nothing to your own, being original. Any person may apply free
of charge to become listed on the SN site. This arrangement has been
applied to Solar Panels, Battery Manufacturers and more.
fact you may have compiled a list of your own, probably charging people
for inclusion (and please confirm), is something you cannot protect,
unless the persons on your site own unique trademarks for each and every
business listed. Even then, there is no copyright in an address or
telephone number. Listing trademarks in considered to be fair use
and our listing is fair competition. It appears to me you are seeking to
prevent others competing fairly, hence attain a monopoly on public
information for profit, where the state grants no such rights. To claim
they do, and to obtain pecuniary advantage therfrom is in my opinion
misleading or worse, however, I await your information before making
further comment and I reserve my right to bring this matter to the
attention of the authorities if necessary.
It may well be that other websites contain similar information and this is
hardly surprising, since the information is in the public domain at
Perhaps you would be good enough to quote which section of the Digital
Millennium Copyright Act to which you refer for my/our consideration.
I would be most interested to see it and the section on which you rely.
Could you also provide evidence that the information you say is yours, was
in fact created by you and when. Where did you source the names and
addresses and how can you claim the addresses are yours, when clearly
the/any address (estate wise) belongs to the proprietors. Are you saying
you own all these businesses?
Also, can you please tell us who the owners of your site are (all of them)
and provide a postal address for communication purposes for the
proprietors on a by return basis. Could you also provide evidence of your
authority to act on their behalf. I note you claim not to be the owner.
Should your allegations prove to have no substance and you proceed to
interfere with the work of Max Energy Limited (or my own), I/we reserve
our right to seek compensation, injunctions and the like, should that
prove necessary. Especially so, where you have made actionable threats:
namely to contact search engines with what appears to be (as I write)
bogus and unsupportable claims.
In accordance with my policy to operate transparently, this communication
and any and all similar communications will be passed to Max Energy
Limited for their attention, possibly to be published on a number of
websites at their discretion, until the potential for dispute is closed.
Accordingly, please pass this email to all persons concerned or contacted
in connection with any potential dispute henceforth - in full - for their
consideration, to include Google.com, Yahoo.com and DMOZ.org. I will be
pleased to point out the defect in your assertions with reference to
caselaw, to any person
in the chain.
If I (or Max Energy Limited) do not hear from you within 24 hours, with
the information requested, I (and/or Max Energy Limited) will assume you
no longer wish to pursue the matter and close the file.
Thanking you for your co-operation in this matter.
The Old Steam House
East Sussex, BN271RF
NOTICE TO CEASE AND DESIST IN COPYRIGHT INFRINGEMENT OF THE
Notice made under the Digital Millennium Copyright Act against http://www.solarnavigator.net
It has come to our attention that you are displaying information on your
which has been copied from the Where2sing.com website of which we are the
owners. It may be that you have sourced this information from some
which has in turn copied this from Where2sing.com - one such known
infringing website is http://www.singing.com.au
WE DEMAND THAT YOU IMMEDIATELY REMOVE ALL SUCH CONTENT of karaoke
listings in its entirety from your website, advise us that you have
complied with this demand, and undertake not to further infringe on our
In substantiation that this list of karaoke venues has been sourced and
built over several years by Where2sing.com, and that any other website
displaying a substantial portion of this list is infringing
on our copyright, copies of the archived Where2sing.com website at several
points since 2003 is available for view on the Internet. Any further
action that we are required to take to protect our copyright from your
infringement will include such evidence as to our legal ownership.
You should be aware that in the case of registered copyrights, that the
court has the discretion to award attorneys' fees and statutory damages to
the infringer of up to $30,000 for each copyrighted work infringed.
If the infringement was willful, the court can award statutory damages up
Should we not receive your compliance WITHIN THIRTY-SIX HOURS of our
transmission of this email, we will proceed with an application to
Google.com, Yahoo.com and DMOZ.org for the permanent removal of your
website from their database.
SPOT DOMAIN LLC DBA DOMAINSITE.COM
Date: 19-oct-2006 Creation Date: 16-nov-2002
update of whois database: Fri, 20 Oct 2006 16:03:09 EDT
Spot Domain LLC
Date: 2007-11-16 01:12:37
Date: 2002-11-16 01:12:37
Servers: ns.liquidweb.com and ns1.liquidweb.com
Macara Kenward David Kenward P
KARAOKE VENUES A - Z
& S CAROLINA
& S DAKOTA
KIT FOR SALE
our super value Karaoke kit which includes 8 great tracks complete with vocals for training
and the same 8 tracks without vocals for you to perform over. Included
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CD purchase is licensed for personal home use, which entitles you
to record your voice onto any track
from this CD which we will publish for you on your own webpage on this
site at your request. You can then
use your published page as a demo where people can hear you - perhaps to further your singing career,
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send us your complete song on CD through the post or in Mp3 as an email, together with groovy photos
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Please Note: The copyright of songs used in this way remains our property.
INDEX A - Z
taste for adventure capitalists
Cola - a healthier alternative