"CBS" Sends me a takedown notice. What to do?

In My Humble Opinion
1

I digitized some old, OLD things that I guess were once on CBS – over 40 years ago. A movies called Sole Survivor, which was actualy just a TV movie. Then some of a series, the pilot, to be precise: Barabary Coast.

The only common denominator was William Shatner. But when I made them – creating DVDs with motion menus, pro packaging etc. – I saw that eBay (circa 2001) was crawling with illegal copies.

Well, due to the the progress of the Internet, I haven’t sold too many copies. In fact, I made it quite plain that I would “cease and desist” when CBS either offered these products as DVDs or other means. I just wanted to fill a hole. I put a lot of time into my “illegal” activity, so, yeah, I was asking for some money. But these days, I’m lucky if I sell one DVD every three months.

Well. needless to say, CBS has done no such thing, but they HAVE sent me a Cease and Desist notice. To wit (portions redacted):

I write on behalf of CBS Broadcasting Inc. and CBS Studios Inc. (collectively “CBS”), the respective copyright owners of the film entitled “XXXXXXXXX” and the television series entitled “XXXXXXXXXXX” (collectively the “CBS Properties”).

It has recently come to our attention that your website, XXXXXXXX.com (the “Website”), is distributing and selling unauthorized DVDs of the CBS Properties at the following location: xxxxx.com (the “Infringing Products”). See Exhibit A. CBS possesses, among other things, the exclusive rights to exploit and distribute the CBS Properties. Accordingly, CBS has concluded that your unauthorized sale and distribution of the Infringing Products constitutes copyright infringement under U.S. copyright law and under counterpart laws around the world. In addition to infringing CBS’s copyrights, your sale of the Infringing Products creates a false association between your Website and CBS, improperly trades on the goodwill and reputation of CBS and may lead internet users to believe that CBS authorized your use of the CBS Properties, when in fact it did not, constituting infringement and unfair competition under the Lanham Act and applicable international laws.
As we diligently protect CBS’s rights worldwide, we therefore demand that you immediately:

  1. Cease all unauthorized reproduction of the CBS Properties, offerings and distribution of the Infringing Products, and destroy any material used to create unauthorized copies thereof;
  2. Refrain from advertising, offering to distribute, selling and/or posting the Infringing Products on your Website, or any other location where you may be advertising, offering, distributing, or selling the Infringing Products;
  3. Provide a written undertaking that you will refrain from the actions described above, or any other activity which infringes CBS’s rights in the CBS Properties in the future; and
    1
  4. Remove the Unauthorized Products from being displayed on the Website (and any other website or other distribution outlet) and refrain from such uses in the future.
    We expect your written confirmation that you will comply with CBS’s demands, and that you will refrain from further activity which infringes CBS’s rights in the CBS Properties or any other intellectual property belonging to CBS by Thursday, February 19, 2015. We trust that you understand CBS’s concerns over the infringement of its rights and that you will cooperate fully without the need for further action.
    Nothing in this letter shall be construed as a waiver or relinquishment of any right or remedy possessed by CBS Broadcasting Inc. and CBS Studios Inc., or any affiliated parties, all of which are expressly reserved.
    Sincerely Yours,
    CBS Online Enforcement
    onlineenforcement@cbs.com
    Encl.
    =============================================
    I basically replied, telling them where to stuff it, and also demanding a registered letter for a Cease and Desist. Basically, anyone can do research, slap a CBS logo into an email and say anything they like.

I took down the offending page but if they don;t send me a bricks-and-mortar notice, I’m going to put it up in two weeks.

Here is what I sent them:

I’m sorry, I need more than a thuggish email to shut me down. I have temporarily removed the files you are complaining about but I’m sorry, Just because you flash some online “badge” of authenticity, I have no idea who you are.

Therefore, I DEMAND a formal, registered notice of this takedown email IN WRITING, sent by ordinary post.

Unless, of course, you can prove who you are by other, undeniable means.

I am copying my lawyer this email.

I will ONLY ACCEPT THIS NOTICE BY REGISTERED MAIL for proof of who you are. You can get my address through many means, but I will not provide it to you, since I have no idea if you are who you pretend to be.

If you ARE CBS, which I highly doubt, then please send me your request by regular mail, REGISTERED, so that I have to sign for it.

Thanks.

If I have not heard from you one way or another within two (2) weeks from this date – Feb. 29, the page goes back up.

Thanks. My lawyer is standing by.

Did I do wrong?

2

Yes.

3

You’re in the wrong, and pretty dumb trying to bluff a media megacorp into backing off from their justified action.

Sorry.

4

A)Just because CBS hasn’t made something available doesn’t mean you get to do it. I assume you understand that.
B)I’m not sure if you know this or not so I’ll say it anyways. When someone sends you something via certified mail (that you have to sign for). If you refuse it or don’t accept it, it’s just as good as signing for it. In most cases they only have to prove that they attempted to mail it to you at your “last known address”. So don’t think that you can’t just ignore the knocks from the mailman or tell him to send it back and decide that you’ve won. You haven’t, that’s all the go ahead that they’ll need to start formal proceedings.
C)I suppose it’s possible that the letter is fake. But if it’s not, what you did is a great way to kick the hornet’s nest. You could have just nicely asked for it in writing.

ETA, if you used the word “bricks and mortar notice” I’d probably expect to be sued. If you actually had a lawyer…nevermind.

5

Why in God’s name would you think this is a good idea or even correct?

Yes, you’re wrong.

6

This will end badly for you.

7

I think you should also be aware that anyone can sue you at any time for any reason and you are legally obligated to appear in court. Not every suit actually makes it to court, the frivolous are thrown out - if a lawyer handles it, but this sort of thing goes to court in a heartbeat.

The 'take down notice" is actually a courtesy to you. They can have your ass in court any time they feel like it.

Think about that for a minute… they have a team of high priced man eating sharks… you have “lawyers r us.”

Oh, and as my lawyer once said to me…“Yeah, well let’s not forget you’re guilty.”

8

You didn’t really show this to your lawyer did you? If so I’m guessing you haven’t heard from them back yet or you wouldn’t be asking.

You were distributing what’s in all likelihood a copyrighted work; you certainly haven’t done the due diligence to see if it’s been released in to the public domain. You were even selling it. Be glad they started with only a cease and desist letter. You really want that to be the last step and not an attempt to take you in to court. Right now you are on a path to court. Somewhere in the back of your head should be a robotic voice saying “Danger, danger, danger, Will Robinson!”

9

You’re legally wrong. You’re vastly outnumbered. You were offered a chance to withdraw without further consequences. And you pretty much insisted they take it to the next level.

10

Not to mention, there’s no February 29 this year.

11

Isn’t that copyrighted? :smiley:

12

You got a take down notice. Take it down. Cease and desist and move on. If you think you have legal right to put it back up feel free to do so and put a lawyer on retainer. This can cost you hundreds to thousand of dollars.

They have no obligation to you. They do not need to prove their identity to you. They do not have to send you anything certified. If they are the legal owners of the property and you are distributing it for a profit, they have legal right to collect on that profit. The fact you got a take down notice, and have now acknowledge you received a take down notice and are now refusing to comply makes it ridiculously easy for them to win their case.

13

You know that little voice that says Don’t do it?
Yeah, that one. Listen to it next time.
I will say you got balls.
Not much smarts, but you got great big clanging balls.

14

I have already taken it down.

I’m not dumb; I was only questioning whether that was the real CBS emailing me or not. It’s the equivalent of being flashed a badge.

Literally anyone who wanted to could slap a CBS log into their email, threaten me, and order me to do something, in the name of CBS.

Like I said, I had no intention of harming the REAL CBS, but I just need a little bit of extra proof before I blindly accept that this email came from who it RALLY came from.

*Dear sir, I obtained your email address from XXX. I am writing you now to let you know that my brother, Mobutu Sese Seko, died suddenly without leaving any instructions on how to dispose of $14 M. It is my regret to have to transfer this sum to a foreign bank; perhaps you could cooperate and give me your account number so I cab deposit $7M?

I am at your service,

George Mkambo*

15

So then you nicely request that they send you a hard copy via USPS. Acting like an entitled brat is going to get you served with court papers.

16

Fair Use :wink:

17

How many lawyers do you have on retainer. CBS probably doesn’t have any on retainer. They have them on staff. A LOT of them. And many of them have the sole job of chasing down copyright infringements. That’s all they do. And they get bored just writing “take down” and C & D letters. They really crave the excitement of having someone’s ass dragged to court so they can sue them.

You’re well on the road to making some lawyer very happy. Congratulations. Abi gesunt.

18

Why do you think that anyone other than CBS would do this? :confused:

19

Sequential threads:
“CBS sends me a takedown notice. What to do?”
“Bubba: who is he and why is he so rapey?”

Lmao, sonny you ain’t exactly the shiniest marble in the dull tools shed.

20

We all know why the email asking for your banking information is a scam. But why do you think the CBS email might be a scam?