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  • Publishing of Copyrighted Material

    Mr. Monte ****:

    Fandango Unlimited Prognostication (AKA “Freescoreboard.com) is owner of all intellectual property rights to Godspicks, the Animal, Oscar Charles Dooley, Jimmy Ashton, Jack Stroud, and the SuperLockLine. It has come to my attention that Bettorschat.com has published copyrighted sports service selections of one or more of the above entities.

    This material is protected by copyright law and may not be reproduced, in whole or in part, without the express written authorization of Fandango Unlimited. I declare in good faith that the use of the material referenced in is not authorized by the copyright owner, its agent or the law.

    This email requests that you immediately cease and desist unauthorized distribution of its proprietary material. Failure to comply with these requests may expose you or your organization to an action for injunctive relief or monetary damages, and any other relief permitted under state and federal law, including court costs and attorneys’ fees.

    Should you permanently remove all referenced material from your website by 5:00 EST on Friday, September 10, 2004 we will consider this matter closed. While we expect that you will want to accede to our requests, please understand that if you do not remove these infringing materials without delay, we will be forced to take appropriate legal action against you to have them removed via our attorney Eric L. Shapiro, PC of Atlanta, GA. Thank you for your cooperation in this regard.

    Yours truly,

    Joseph Duffy
    General Manager
    Fandango Unlimited

  • #2
    response

    Joseph Duffy,

    Sports plays cannot be copyright protected as you don't own the rights to publish either college or professional sports team names. Nor can you copyright opinions.

    Also Wayne Root and company already tried to go too Court last year on the same principals and the Case was thrown out of Court due to the lack of merit.

    Comment


    • #3
      Go Monte!!!!!! Although, those cappers suck and we would be better off without them in the forum.....JMHO
      Joe Thorton for MVP

      Comment


      • #4
        Eric L. Shapiro, P.C.
        Phone this Attorney at: (404) 255-1600

        Fax: (404) 255-7373

        Contact: Eric Shapiro
        5855 Sandy Springs Circle, Suite 150
        Atlanta, GA 30328
        http://attorneypages.com/cities.php/669.htm


        Here is possibly a picture of the guy you are up against -Eric Shapiro
        (Realize I can't verify it's Eric L Shapiro :D )

        http://www.ugly.org/mshapiro_eric2.html

        Comment


        • #5
          must be the annual bullcrap...ASA is trying the same thing:

          From: American Sports Analysts, Inc (ASA)


          Dear Owner of Consensus Website ......



          We are giving you an advanced warning to NOT post our plays on your consensus site this or any season. We are taking any and every measure available to stop sites like yours from posting our picks for their own profit without our permission. We are completely committed to stopping this theft and the money that it costs to end it will not be an issue.



          We have already filed a lawsuit against one large, well-known consensus site. In that case, a federal court entered an injunction prohibiting the site from ever posting our picks again. The owner of the site is now making monthly payments to us to compensate us for our attorneys fees and is posting a disclaimer on the front of his site stating that he no longer carries the picks of American Sports Analysts.



          We will have someone monitoring your site on a daily basis. We would again advise you NOT to post any of our plays from here on out. If you do, we will have to take our planned course of action to stop it. Again, we are committed to doing whatever it takes to stop this.



          Please inform us whether you agree NOT to post American Sports Analysts, Inc picks on your consensus service so that we can avoid any unnecessary legal action.



          Sincerely,

          Michael Merlet, Owner

          Lee Kostroski, Owner



          American Sports Analysts, Inc (ASA)

          3001 W. Beltline Hwy, Suite 201

          Madison, WI 53713

          1-888-272-1098

          Comment


          • #6
            Reply back

            Actually not true. Wayne Root in fact HAS been successful. WE have been successful. You may want to have your attorney research case history.

            Frankly I should not telegraph our punches too much, but rest assured it is not only a copyright infringement, but we also have trademarked our handicappers, so we our on very solid ground from several angles.

            I will assume that you have refused cooperation. Our attorney has advised me to give you the Friday deadline and I will stick to that. However should our copyrighted AND trademarked material still be published, we will pursue legal action.

            Comment


            • #7
              My Reply

              Send me all documents from the National Football League and the NCAAF League showing that you can copyright their team names. Upon doing that I will then take it in to consideration.

              Also I assume that you're contacting all other sites as well as consensus sites that put out your plays?

              Comment


              • #8
                Atlanta

                I know someone locally who will make sure Eric Shapiro is taken care of(!)

                :D

                Comment


                • #9
                  Oh yeah

                  Superlockline and The Animal absolutely SUCK!! I could outpick these con-men without even following sports!

                  Comment


                  • #10
                    More Bullshit

                    Screw those asshats
                    "You like the odds of lightning?"

                    Comment


                    • #11
                      I am staying out of this, but if Wayne Root was successful, I would like to see in writing the basis on which he won his case.
                      Is there any lawyer out there who could tell me where I could find a copy of the decision?

                      Comment


                      • #12
                        Originally posted by savage1
                        I am staying out of this, but if Wayne Root was successful, I would like to see in writing the basis on which he won his case.
                        Is there any lawyer out there who could tell me where I could find a copy of the decision?
                        Case was thrown out at least from what I remember

                        Comment


                        • #13
                          Isn't their business illegal?

                          Comment


                          • #14
                            Originally posted by bilbal
                            Isn't their business illegal?
                            That's what's kinda funny as they sell plays to people that they know are betting the plays and they encourage them. You would think at this point in time with what's going on they would be keeping quite. Their excuse would be that they are opinions on games and for people in Vegas.

                            Comment


                            • #15
                              transmitting wagering information by interstate wire is against federal law.

                              Comment

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