Asshat: Nicholas Lemonias and his invalid DMCA takedown request

Sun May 11 15:59:32 CDT 2014


On April 30, 2014, Nicholas Lemonias sent a DMCA take-down notice to Cox, our bandwidth provider. They sent it to us as they are required, and we filed as close to a counter notice as we are willing given the original take-down notice was invalid. Both are here for your amusement, and to show you the lengths Nicholas Lemonias will go through to silence his critics. For our previous saga related to him, read where we dubbed him an asshat in the first place.

As Kurt says, "when life gives you lemonias, make lemoniad"!


Return-Path: (lem.nikolas@googlemail.com)
Date: Wed, 30 Apr 2014 15:09:39 +0100
From: "Nicholas Lemonias." (lem.nikolas@googlemail.com)
To: abuse@cox.net
Subject: Private and Confidential DMCA TAKEDOWN NOTICE - COX Communicat?ions Inc. 30/4/2014


to abuse, thesec, Kevin.Haley
*To Whom It May Concern*

The following information serves to assert my rights and request removal of
allegedly infringing web content under the Digital Millennium Copyright Act
(DMCA). The following is a report, in good faith, of alleged copyright
infringement. I am contacting you as the designated agent for the site upon
which the infringing work currently appears. This letter is a Notice of
Infringement as authorized in* 512(c)* of the U.S. Copyright Law.

I am the copyright owner of the works and the following is true and
accurate.

The original work, for which I claim copyright, appears, with my
permission, at the following locations online:

   1. http://www.mendeley.com/profiles/nicholas-lemonias/
   2. http://packetstormsecurity.com/files/download/125525/
   Google-Report2702.pdf
   3. http://technet.microsoft.com/en-us/security/cc308575.aspx

Therefore , copies of my original copyrighted work are provided to assist
you in your evaluation and determination.

The allegedly infringing bio, logos, articles, email messages (Under
copyright of correspondence) and data  appears at the following hosted
location(s) online:
*http://attrition.org/postal/asshats/nicholas_lemonias/
*
*http://blog.osvdb.org/tag/nicholas-lemonias/
*?
?


Thus,  my contact information, as the copyright holder, is as follows:
*Name: Mr. Nicholas Lemonias, *
*Email Address: Lem.Nikolas@Gmail.com *

The information of the alleged copyright infringer are:
http://www.attrition.org   IP: 72.215.220.112 (Cox Communications Inc.)



6. I have a good faith belief the use of the above reference copyrighted
work(s) that appears on the website for which you are the designated DMCA
agent is not authorized by the copyright owner, its agent, or by law.
I declare, under penalty of perjury, this notice is true and correct and
that I am the copyright owner entitled to exclusive rights which I allege
are being infringed.

We would like your written assurance concerning this, as these infringing
publications are used in bad faith, and for personal gains, despite the
consequences of injury and damage to intellectual property.

*Signed as of*__*30th______ day of ___April________, 2014_____ *.


*Sincerely,
Mr. Nicholas Lemonias*


From: security curmudgeon 
To: Cox Customer Safety 
Cc: Nicholas 'Asshat' Lemonias 
Date: Sun, 11 May 2014 15:52:27 -0500 (CDT)
Subject: Re: [xxxxxxxxxx (Private and Confidential.) DMCA TAKEDOWN NOTICE - COX Communicat?ions Inc. 30/4/2014

Joseph & Cox.net,

: ---------- Forwarded message ----------
: From: Cox Customer Safety 
: Date: Tue, May 6, 2014 at 9:47 AM
: Subject: Re: [5.6.2014 19383387]
: Cc: jxxxxx.sxxxx@cox.com
:
: Per our conversation, I'm forwarding a complaint we received against
: attrition.org (72.215.220.112).  Please share this with the site/domain
: owner.  If you folks have any questions, please do not hesitate to
: contact me.

Thank you for forwarding this frivilous request on to us. This reply
serves as our DMCA counter notice and I have CC'd the reporting party to
save you the time of having to send it on to him as per DMCA rules
require.

I understand that a proper DMCA counter notice must contain my name,
address, and phone number, but since Mr. Lemonias' complaint does not meet
the criteria for a valid complaint and he is breaking U.S. law, I am not
recognizing this as a valid complaint. As such, my personal details are
being withheld. More below...


Nicholas Lemonias wrote:

: The original work, for which I claim copyright, appears, with my
: permission, at the following locations online:
:
:    1. http://www.mendeley.com/profiles/nicholas-lemonias/

The material used from this page, a one paragraph biography, is designed
to be used to in the manner we do. Further, the use of the paragraph falls
under the guidelines of fair-use quoting and does not infringe copyright
per the U.S. Copyright office and the fair use doctrine. More information
is available at http://www.copyright.gov/help/faq/faq-fairuse.html.

:    2. http://packetstormsecurity.com/files/download/125525/
:    Google-Report2702.pdf

First, material from this paper does not appear on the URL Mr. Lemonias
has reported, so his DMCA complaint is invalid for this. Second, the page
that it *does* appear on is done in the same manner as outlined on the
copyright.gov page above and falls under the fair use doctrine.

:    3. http://technet.microsoft.com/en-us/security/cc308575.aspx

Mr. Lemonias did not author this page.

: I am the copyright owner of the works and the following is true and
: accurate.

This is now a factually incorrect statement and Mr. Lemonias is
intentionally misleading you for the purposes of having legitimate
criticism of his work removed. While I understand that Mr. Lemonias may
not live in the United Stated and may not fall under U.S. jurisdiction,
both Cox and Mr. Lemonias should understand that by sending this letter,
he has violated 17 U.S.C.  512(f) of the U.S. copyright law:

   (f) Misrepresentations. - Any person who knowingly materially
   misrepresents under this section .

   (1) that material or activity is infringing, or

   (2) that material or activity was removed or disabled by mistake or
   misidentification,

   shall be liable for any damages, including costs and attorneys' fees,
   incurred by the alleged infringer, by any copyright owner or copyright
   owner's authorized licensee, or by a service provider, who is injured
   by such misrepresentation, as the result of the service provider
   relying upon such misrepresentation in removing or disabling access to
   the material or activity claimed to be infringing, or in replacing the
   removed material or ceasing to disable access to it.

: The allegedly infringing bio, logos, articles, email messages (Under
: copyright of correspondence) and data  appears at the following hosted
: location(s) online:
: *http://attrition.org/postal/asshats/nicholas_lemonias/
: *http://blog.osvdb.org/tag/nicholas-lemonias/

As you, Cox, are well aware, you do not host the site blog.osvdb.org, so
please ignore this. Mr. Lemonias is still learning how DMCA works
apparently.

That said, upon examining the page hosted on attrition.org, we realized
that use of the AIS logo *might* not be appropriate. As such, in good
faith, we have replaced it with a modified copy that is protected under
the 1st amendment as parody.

: 6. I have a good faith belief the use of the above reference copyrighted
: work(s) that appears on the website for which you are the designated
: DMCA agent is not authorized by the copyright owner, its agent, or by
: law. I declare, under penalty of perjury, this notice is true and
: correct and that I am the copyright owner entitled to exclusive rights
: which I allege are being infringed.

Yep, penalty of perjury. That is exactly what happens if this ever goes to
court Nicholas. Filing a false DMCA take-down notice is unethical and
illegal.

Sincerely,

Brian Martin



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