without prejudice - Copyright
Transcription
without prejudice - Copyright
An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Tel: + (61) 8737 3680 Fax: +(61) 8125 6766 Email: slim@copyright-archive.com www.copyright-archive.com Feb 21, 2014 WITHOUT PREJUDICE Legal Department Achiever's Infotech Mathura deepaksharma364@gmail.com 0907478252725 Dear Sirs, RE: UNAUTHORIZED USE OF COPYRIGHT MATERIAL (REF:WWW.EXA.COM.AU_FOLIO_SEO.HTML -V- ACHIEVERSINFOTECH.BLOGSPOT.COM_) We represent the owner of copyright in WWW.EXA.COM.AU (the Work), Exa Pty Ltd. It has come to our attention that you are using copyrighted material from www.exa.com.au on achievers-infotech.blogspot.com without a valid license. The copyright owner has a number of exclusive rights under international copyright law in the U.S. and all countries that have ratified the Berne Convention. These exclusive rights include the right to reproduce the Works, and to publish and communicate the Works to the public (including by way of sale, broadcast or putting the Works online). It is an infringement of copyright to do any of the acts comprised in the copyright in relation to the whole or a substantial part of the Works, or to authorise such an act, without the permission or licence of the copyright owner. We have attached evidence of infinging copyright material found on your web page. You have fourteen (14) days to respond in one of the following ways: 1) Cease and desist using this material and pay the demand amount in full and final settlement of the matter; OR 2) Ignore this demand, in which case we will a) Have your site removed from your web host; b) Have links to your domain removed from the indexes of Google, Bing and Yahoo and c) Sue you for copyright infringement under United States law. We expect to incur significant new legal costs while enforcing our client's rights under the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3) and 512(d)(3) (D.M.C.A.)) if this matter is not settled quickly. You can expect the settlement amount to double or triple in that case. More information about this process, your rights and the underlying law is available at http://www.copyright-archive.com/page_22.html. You are now on notice as to copyright in respect of the Work. If we do not receive an adequate response by Mar 7, 2014, we will immediately and without further warning take such action as necessary in order to protect our client's rights including, without limitation, legal action for injunctive relief or to recover damages and legal costs without further notice to you. "Pull down" notices under the D.M.C.A. will be sent to Google, your web host, Microsoft and Yahoo on this day (copies of these are available, along with the full brief of evidence against you, at http://copyright-archive.com/briefs/. We reserve all of the owner's other rights. The evidence of your infringement from Google.com and the Wayback Machine (Archive.org) has been recorded on our files and attempting to remove or otherwise destroy evidence to avoid prosecution will provide further evidence against you. The Authors' Trust is committed to investigating copyright infringement to protect the interests of the author's we represent. If you join, we may be able to identify instances where your site has also been copied by others, and we could recover damages for you to offset or exceed what you owe. See the postscript below for more information on joining the The Author's Trust. I am happy to discuss this matter but be aware of any time zone differences (I am located in the UTC+09:30 time zone). It would be appreciated if you were able to send an email to make an appointment for a voice call, quoting your reference: www.exa.com.au_folio_seo.html v- achievers-infotech.blogspot.com_Case 107. Faithfully S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics) as trustee for The Authors' Trust PS: I am happy to discuss repayment through programming or design time if you have the relevant skills. You also may be able to pay this settlement by signing up with the The Author's Trust. Call me or email me to discuss on +61 438 005 051 (slim@copyrightarchive.com). © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. Settlement Demand - Remittance Details An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Tel: + (61) 8737 3680 Fax: +(61) 8125 6766 Email: slim@copyright-archive.com www.copyright-archive.com Reference: www.exa.com.au_folio_seo.html -v- achievers-infotech.blogspot.com_ Case Number: 107 Settlement Demand Date: Feb 21, 2014 Penalty Amount: $749 USD Fee Amount: $589 USD Total Amount: $1,338 USD Payment Terms The Authors' Trust is the authorised collection and copyright agent for Exa Pty Ltd and you must pay the full amount to us to effect settlement. Payment Options a) 17 payments of $100 b) 8 (20% payments p/a) of $200 c) 3 (14% payments p/a) of $500 d) 1 (8% payment p/a) of $1,338 (0% p/a) The payment of an instalment converts the settlement offer to a debt due with the interest shown. Failure to pay any instalment will automatically incur additional interest. Payment Methods 1) Bank Transfer: The Authors' Trust Name of Bank: BankSA BSB: 105070 Account: 25386940 Swift Code: SGBLAU2S Reference No: www.exa.com.au_folio_seo.html -vachievers-infotech.blogspot.com_Case 107 2) Send cheques made out to: The Authors' Trust PO Box 105 Coonawarra SA 5263 AUSTRALIA 3) Credit Card Name on card:___________________________________________________________ Expiry:_______/_______ Card Number: CVV:_________________ Signature:_____________________________________________________________ Please advise proof of payment by email to accounts@copyright-archive.com Brief of Evidence Full copy available at http://www.copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achievers-infotech.blogspot.com_Case 107.pdf Copyright-Archive Report Completed comparing: http://www.exa.com.au/folio/seo.html(116.240.194.24) versus http://achievers-infotech.blogspot.com/(2404:6800:4004:802::100b ) on Feb 16, 2014 using "and scripting to gain higher rankings and better positioning in search results" as a seed Statistically Impropable Phrase (SIP) initially and then comparing the entire text on both URL's. Details: 1) Levenshtein fuzzy match at 97.44% similarity for http://web.archive.org/web/20110505000000/http://achievers-infotech.blogspot.com/ 2) We found a match on the wayback machine at the first or second attempt for http://web.archive.org/web/20110505000000/http://achievers-infotech.blogspot.com/, dated Sep 22, 2013 3) http://achievers-infotech.blogspot.com/: While we have evidence of publication of http://achievers-infotech.blogspot.com/ from both Google and the Wayback Machine, the evidence from Google is irrefutable and puts the works priority date at May 6, 2011 4) http://www.exa.com.au/folio/seo.html has an earlier Priority Date: Oct 21, 2008 than http://achievers-infotech.blogspot.com/ : May 6, 2011. It will be necessary for the owner of http://achievers-infotech.blogspot.com/ to prove they created and published the text in question from http://www.exa.com.au/folio/seo.html earlier than Oct 21, 2008, requiring without 3rd party witnesses as to the precise content being available earlier as well as an independently certified contemporaneous web server access log showing unbroken crawler rejection of Google and Wayback between Oct 21, 2008 and May 6, 2011 (927 days) via a robots.txt file prohibiting crawling,residing on http://achievers-infotech.blogspot.com/ Otherwise, this infringement has been ongoing for 1944 days so far and as at Feb 16, 2014. 5) The level of character similarity between these text snippets is 539. This means out of 920 characters, 539 where the same, giving a percentage of 58.59%. 6) The level of character similarity between these two pages is 21%. This means out of 7693 characters on the smallest page, 1641 were the same, giving a percentage of 21.33%, bearing in mind that the largest page (http://www.exa.com.au/folio/seo.html) contained 33090 more characters than ours, and generated a percentage of 4.02% in that context. 7) The frequency of identical words occuring between the two snippets is 66%. This means out of 127 words in the smallest snippet, 84 where the same, giving a percentage of 66.14%, bearing in mind that http://www.exa.com.au/folio/seo.html contained 7 more words. 8) The frequency of identical words occuring between the two pages is 112. In relation to http://achievers-infotech.blogspot.com/'s 'unique word count' of 318, this is 35.22%. In relation to http://www.exa.com.au/folio/seo.html's 'unique word count' of 1278, this is 8.76%. http://achievers-infotech.blogspot.com/ contains 960 less words. Using http://achievers-infotech.blogspot.com/ with 318 unique words, the actual identical word frequency is 112 and the identical word frequency ratio is 35.22%. 9) The frequency of different words occuring between the two pages is 1166. In relation to http://achievers-infotech.blogspot.com/'s 'unique word count' of 318, this is 366.67%. In relation to http://www.exa.com.au/folio/seo.html's 'unique word count' of 1278, this is 91.24%. http://achievers-infotech.blogspot.com/ contains 960 less words. Using http://www.exa.com.au/folio/seo.html with 1278 unique words, the actual identical word frequency is 112 and the different word frequency ratio is 91.24%. 10) The frequency of identical sentences (SLIPs - statistical less improbable phrases - 4 words) occuring between the two pages is 24. In relation to http://achievers-infotech.blogspot.com/'s 'short sentence count' of 1644, this is 7%. In relation to http://www.exa.com.au/folio/seo.html's 'short sentence count' of 751, this is 15%. http://www.exa.com.au/folio/seo.html contains 893 less sentences. Using http://www.exa.com.au/folio/seo.html with 751 non-unique short sentences (NOSLIPs Non_Unique Statistically Less Improbable Phrases), the actual identical sentence frequency is 24 and the identical sentence frequency ratio is 15% 11) The actual frequency of materially similar (if not identical) [Levenshtein < 30 characters] sentences occuring between the two pages is 18 (comparing http://www.exa.com.au/folio/seo.html with http://achievers-infotech.blogspot.com/), and 14 (comparing http://achievers-infotech.blogspot.com/ with http://www.exa.com.au/folio/seo.html). 12) In relation to http://www.exa.com.au/folio/seo.html's NOSLIPs of 751, 18 amounts to 2.40%. 13) In relation to http://achievers-infotech.blogspot.com/'s NOSLIPs of 1644, 14 amounts to 0.85%. 14) http://www.exa.com.au/folio/seo.html contains 893 less sentences than http://achievers-infotech.blogspot.com/. Using http://www.exa.com.au/folio/seo.html with 751 NOSLIPs, the actual materially similar sentence frequency ratio is 18 and the identical sentence frequency ratio is 2.40%. When the order of the pages is reversed, using http://achievers-infotech.blogspot.com/ with 1644 NOSLIPs, the actual materially similar sentence frequency ratio is 14 and the identical sentence frequency ratio is 0.85%. 15) It is more accurate to refer to the higher percentage as otherwise legitimate copies are ignored. Therefore, the materially similar sentences ratio is 2.40%. 16) SUBSTANTIALITY: As merely indicative, we have added a small weighting of 0.025 per percent for scores of over 30% for snippet similarity. While the snippet is a subset of the whole page score, a high score here signifies the degree of copying intensity at one point in the document, making it easier to demonstrate an infringement. Greater than 59% of the characters in the snippet are identical and therefore the cost is 1.46 , making the total substantiality weighting 1.46. 17) SUBSTANTIALITY: We have added a moderate weighting of 0.05 per percent for scores over 25.00% for identical words in the snippet. Even though the snippet is a subset of the whole page score, a high score here means that there is more intence of copying in one location of http://achievers-infotech.blogspot.com/. As greater than 66.14% of the words in the snippet are identical the weighting is 3.31 and the total weighting is 4.77. 18) SUBSTANTIALITY: It is highly improbable that a page with more than 10% of identical words does not contain copying. Therefore, this factor carries 1.1 of a percent weighting. We are confident this page contains a substantial degree of copying because greater than 1.1% of the words on http://achievers-infotech.blogspot.com/ are identical with http://www.exa.com.au/folio/seo.html - in fact 35.22% match. The additional weighting is 38.74 and the total substantiality weighting so far is 43.51. 19) SUBSTANTIALITY: It is highly improbable that a page with more than 50 identical words does not contain copying. Therefore, this factor carries 0.02 of a percent weighting. We are confident this page contains a substantial degree of copying because 112 words on http://achievers-infotech.blogspot.com/ are identical with http://www.exa.com.au/folio/seo.html. The additional weighting is 2.24 and the total substantiality weighting so far is 45.75. 20) SUBSTANTIALITY: It is unlikely that a page with more than 5% identical sentences does not contain copying - in fact, that is the definition of copying. Therefore, this factor carries a 6 percent weighting. We are confident this page contains a substantial degree of copying because 15% sentences on http://achievers-infotech.blogspot.com/ are identical with http://www.exa.com.au/folio/seo.html. The additional weighting is 90.00 and the total substantiality weighting so far is 135.75. 21) SUBSTANTIALITY: It is highly improbable that a page with more than 4 actual identical sentences does not contain copying. This factor carries 10 of a percent weighting. We are confident this page contains a substantial degree of copying because 24 sentences on http://achievers-infotech.blogspot.com/ are identical with http://www.exa.com.au/folio/seo.html. The additional weighting is 240.00 and the total substantiality weighting so far is 375.75. 22) SUBSTANTIALITY: We are confident that this page contains a substantial degree of copying because more than 4 phrases on the page are materially similar if not identical to those on yours. In fact, there are 18 materially similar sentences on http://www.exa.com.au/folio/seo.html matching http://achievers-infotech.blogspot.com/. This factor carries a 6 percent weighting. The additional weighting is therefore 108.00 and the total substantiality weighting so far is 483.75. 23) FINAL SUBSTANTIALITY: For these reasons, the total extent of copying from http://www.exa.com.au/folio/seo.html by http://achievers-infotech.blogspot.com/ has been assessed at 483.75, where 100 amounts to an infringement that is legally actionable in terms of whether there is a sufficient degree of copying (whether the copying is substantial). Historical 3rd Party Evidence Screenshot recorded as of Sep 12, 2009 Screenshot recorded as of Sep 22, 2013 Work priority date Oct 21, 2008 Work priority date May 6, 2011 http://web.archive.org/web/20090912123131/http://www.exa.com.au/folio/seo.html/ http://web.archive.org/web/20110505000000/http://achievers-infotech.blogspot.com/ Historical Snippets (text surrounding matched sentences as of priority dates) Context on their site as at May 6, 2011: ... Pradesh, India Website Development, Web Hosting and software development,Seo, Effective Search Engine Optimization is the key to successful online marketing. Search Engine Optimization is the process web developers use for the purpose of improving a website\'s visibility in search engines. Most often referred to as SEO, Search Engine Optimization employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results. Contact me to for your website and seo work online nowor call 09045141161 . View my complete profile. Blog Archive. . 2011 (2). . May (2). Monetization Blogger Help Achiever\'s Infotech. Followers. Follow by Email. Labels. 1 (1). Slideshow. Loading Fish. Simple template. Template images by molotovcoketail. Powered by Blogger.. 0.. Website Designing & Development Website Designing and Soft... Context on your site as at Oct 21, 2008: ...bjectives and generate high return on investment.. Search Engine Optimisation. Effective Search Engine Optimisation is the key to successful online marketing. Search Engine Optimisation is the process web developers use for the purpose of improving a website\'s visibility in search engines. Most often referred to as SEO, Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results.. SEO is a critical success factor in online marketing. This is because search engines measure the importance of websites in relation to their relevance to given keywords. Essentially when a search engine user enters a particular keyword or keyword phrase into the search engine\'s browser, a list of results are generated in the order the search engine sees most fitting. It is the objective of th... Contemporary Screen Layout Comparison Recorded on Feb 16, 2014 http://achievers-infotech.blogspot.com/(2404:6800:4004:802::100b) Recorded on Feb 16, 2014 http://www.exa.com.au/folio/seo.html(116.240.194.24) Contemporary Snippets (text surrounding matched sentence) Context on their site as at Feb 16, 2014: ... Pradesh, India Website Development, Web Hosting and software development,Seo, Effective Search Engine Optimization is the key to successful online marketing. Search Engine Optimization is the process web developers use for the purpose of improving a website\'s visibility in search engines. Most often referred to as SEO, Search Engine Optimization employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results. Contact me to for your website and seo work online nowor call 09045141161 . View my complete profile. Blog Archive. . 2011 (2). . May (2). Monetization - Blogger Help Achiever\'s Infotech. Followers. Follow by Email. Labels. 1 (1). Loading Fish. Simple template. Template images by molotovcoketail. Powered by Blogger..Website Designing & Development Website Designing and Software Company.. A... Context on your site as at Feb 16, 2014: ...bjectives and generate high return on investment.. Search Engine Optimisation. Effective Search Engine Optimisation is the key to successful online marketing. Search Engine Optimisation is the process web developers use for the purpose of improving a website\'s visibility in search engines. Most often referred to as SEO, Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results.. SEO is a critical success factor in online marketing. This is because search engines measure the importance of websites in relation to their relevance to given keywords. Essentially when a search engine user enters a particular keyword or keyword phrase into the search engine\'s browser, a list of results are generated in the order the search engine sees most fitting. It is the objective of th... 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is the most appropriate to the enquiry Without effective SEO it is highly unlikely that a website will be rated by the search engine For customers to access a website simply and conveniently, and for a target market to locate goods and services, a website must be easily found in search engines for the most industry appropriate keywords Prior to major search engines such as Google, Yahoo and MSN to assist with finding relevant websites, internet users were required to know the exact website address to the information they were seeking This made it virtually impossible to locate a business by its name, industry, category, service or product, for instance It was imperative that the internet user had the exact URL Search engines revolutionised the internet making it a more effective information resource and a powerful marketing ¦tool The introduction of Search Engine Optimisation meant that businesses could extract maximum value from this new marketing medium, as SEO ensured that the 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easily found by its target market Websites that are optimised by Exa, via our state-of-the-art SEO technology, consistently outperform their competitors\\\' sites, fulfil their online marketing objectives and generate high return on investment Search Engine Optimisation Effective Search Engine Optimisation key online marketing Search Engine Optimisation process use purpose of website\\\'s search engines Most to Search Engine Optimisation employs various techniques , and scripting , to rankings and in search results SEO is a critical success factor in online marketing This is because search engines measure the importance of websites in relation to their relevance to given keywords Essentially when a search engine user enters a particular keyword or keyword phrase into the search engine\\\'s browser, a list of results are generated in the order the search engine sees most fitting It is the objective of the search engine to ensure that the information it delivers is the most appropriate to the enquiry Without effective SEO it is highly unlikely that a website will be rated by the search engine For customers to access a website simply and conveniently, and for a target market to locate goods and services, a website must be easily found in search engines for the most industry appropriate keywords Prior to major search engines such as Google, Yahoo and MSN to assist with finding relevant websites, internet users were required to know the exact website address to the information they were seeking This made it virtually impossible to locate a business by its name, industry, category, service or product, for instance It was imperative that the internet user had the exact URL Search engines revolutionised the internet making it a more effective information resource and a powerful marketing ¦tool The introduction of Search Engine Optimisation meant that businesses could extract maximum value from this new marketing medium, as SEO ensured that the website would receive maximum 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You have been ¦subscribed to the newsletter LOOKING FOR SOMETHING? Search our site CONNECT WITH EXA Home Internet Marketing Search Engine Optimisation SEO Company Testimonials Portfolio Contact Us Articles March 2013 Target Android Apple Make Most Of Linkedin Google Images Quality Sales Leads November 2012 Mobility Tools Tips What Did Google Do To My Rankings Social Media Cookbook Australian Online Consumer Google Search August 2012 Top 10 Olympic Infographics Mobile Website or Mobile App Strategic Sales How Do I Engage With Social Media Spring Clean Your Website July 2012 A...Warning - data truncated. Our Page as and when scanned by Google [1] ...For almost a decade, * has been delivering outstanding SEO results to its clients [2] ...A website that has been designed and developed by * is carefully optimised using ...that it [3] will rank highly in search engines outperform its competitors and generate high ...* employs [4] the most experienced SEO professionals and the most advanced technology ...For SEO Results relating to specific businesses or industries or to discuss the [5] results ...Websites that are optimised by * via our state-of-the-art SEO technology consistently [6] outperform their ...competitors ' sites fulfil their online marketing objectives and generate [7] high return on investment ...Search Engine Optimisation is the process web developers use for the purpose of [8] improving ...Most often referred to as SEO Search Engine Optimisation employs various [9] techniques including programming ...and scripting to gain higher rankings and better [10] positioning in search results ...This is because search engines measure the importance of websites in relation to [11] their ...Essentially when a search engine user enters a particular keyword or keyword phrase [12] [13] into ...It is the objective of the search engine to ensure that the information it ...Without [14] effective SEO it is highly unlikely that a website will be rated by ...finding relevant websites [15] internet users were required to know the exact website address to [16] ...Search engines * the internet making it a more effective information resource and a ...The introduction of Search Engine Optimisation meant that businesses could extract maximum value [17] from ...this new marketing medium as SEO ensured that the website would receive maximum [18] exposure ...Today with millions of consumers purchasing goods online the internet has [19] become a global ...In the case of businesses that trade over the internet their website [20] becomes their ...SEO gives companies an advantage as it means that potential customers [21] find them more ...Being high in search results can improve the chances of winning potential [22] business over [23] ...SEO can also help to position a company as an industry leader particularly if ...New markets can be accessed via Search Engine Optimisation as consumers looking for [24] specific ...goods and services find information relevant to their enquiry without specific [25] information such as ...in search engines for specific keywords and keyword phrases the [26] position it attains is ...Studies have proven that search engine users most trust the highest [27] ranking websites particularly ...If a website is * in major search engines such as Google [28] Yahoo and ...Only dedicated experienced SEO professionals that demonstrate proven results [29] in past performance should be ...Top 10 reasons you should NOT use an AD AGENCY for [30] Web Footnotes - details of Google scans of our page Footnote/Sentence no.1 on http://www.exa.com.au/folio/seo.html: "For almost a decade, [Proprietary or misspelled word] has been delivering outstanding SEO results to its clients" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. 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Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22A%20website%20that%20has%20been%20designed%20a nd%20developed%20by%20*%20is%20carefully%20optimised%20using%22&tbs=qdr:y9,sbd:1 &start=0&safe=off Google Snippet: A website that has been designed and developed by Exa is carefully optimised using the industry's most rigorous Search Engine Optimisation process. Footnote/Sentence no.3 on http://www.exa.com.au/folio/seo.html: "that it will rank highly in search engines outperform its competitors and generate high" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22that%20it%20will%20rank%20highly%20in%20search%2 0engines%20outperform%20its%20competitors%20and%20generate%20high%22&tbs=qdr:y9,s bd:1&start=0&safe=off Google Snippet: ... SEO treatment that it will rank highly in search engines, outperform its competitors and generate high return on investment. Exa employs the most experienced ... Footnote/Sentence no.4 on http://www.exa.com.au/folio/seo.html: "[Proprietary or misspelled word] employs the most experienced SEO professionals and the most advanced technology" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22*%20employs%20the%20most%20experienced%20SEO% 20professionals%20and%20the%20most%20advanced%20technology%22&tbs=qdr:y9,sbd:1&st art=0&safe=off Google Snippet: ... outperform its competitors and generate high return on investment. Exa employs the most experienced SEO professionals and the most advanced technology. Footnote/Sentence no.5 on http://www.exa.com.au/folio/seo.html: "For SEO Results relating to specific businesses or industries or to discuss the results" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22For%20SEO%20Results%20relating%20to%20specific%2 0businesses%20or%20industries%20or%20to%20discuss%20the%20results%22&tbs=qdr:y9,sb d:1&start=0&safe=off Google Snippet: For SEO Results relating to specific businesses or industries, or to discuss the results Exa can achieve for your business, Contact Us. View SEO Results by ... Footnote/Sentence no.6 on http://www.exa.com.au/folio/seo.html: "Websites that are optimised by [Proprietary or misspelled word] via our state-of-the-art SEO technology consistently outperform their" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Websites%20that%20are%20optimised%20by%20*%20vi a%20our%20state-of-teart%20SEO%20technology%20consistently%20outperform%20their%22&tbs=qdr:y9,sbd:1&sta rt=0&safe=off Google Snippet: Websites that are optimised by Exa, via our state-of-the-art SEO technology, consistently outperform their competitors' sites, fulfil their online marketing ... Footnote/Sentence no.7 on http://www.exa.com.au/folio/seo.html: "competitors ' sites fulfil their online marketing objectives and generate high return on investment" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22competitors%20'%20sites%20fulfil%20their%20online%2 0marketing%20objectives%20and%20generate%20high%20return%20on%20investment%22&t bs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: ... state-of-the-art SEO technology, consistently outperform their competitors' sites, fulfil their online marketing objectives and generate high return on investment. Footnote/Sentence no.8 on http://www.exa.com.au/folio/seo.html: "Search Engine Optimisation is the process web developers use for the purpose of improving" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Search%20Engine%20Optimisation%20is%20the%20proc ess%20web%20developers%20use%20for%20the%20purpose%20of%20improving%22&tbs=qd r:y9,sbd:1&start=0&safe=off Google Snippet: Search Engine Optimisation is the process web developers use for the purpose of improving a website's visibility in search engines. Most often referred to as ... Footnote/Sentence no.9 on http://www.exa.com.au/folio/seo.html: "Most often referred to as SEO Search Engine Optimisation employs various techniques including programming" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Most%20often%20referred%20to%20as%20SEO%20Sear ch%20Engine%20Optimisation%20employs%20various%20techniques%20including%20progra mming%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: Most often referred to as SEO, Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better ... Footnote/Sentence no.10 on http://www.exa.com.au/folio/seo.html: "and scripting to gain higher rankings and better positioning in search results" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22and%20scripting%20to%20gain%20higher%20rankings% 20and%20better%20positioning%20in%20search%20results%22&tbs=qdr:y9,sbd:1&start=0&s afe=off Google Snippet: ... Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... Footnote/Sentence no.11 on http://www.exa.com.au/folio/seo.html: "This is because search engines measure the importance of websites in relation to their" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22This%20is%20because%20search%20engines%20measur e%20the%20importance%20of%20websites%20in%20relation%20to%20their%22&tbs=qdr:y9,s bd:1&start=0&safe=off Google Snippet: This is because search engines measure the importance of websites in relation to their relevance to given keywords. Essentially when a search engine user ... Footnote/Sentence no.12 on http://www.exa.com.au/folio/seo.html: "Essentially when a search engine user enters a particular keyword or keyword phrase into" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Essentially%20when%20a%20search%20engine%20user %20enters%20a%20particular%20keyword%20or%20keyword%20phrase%20into%22&tbs=qdr :y9,sbd:1&start=0&safe=off Google Snippet: Essentially when a search engine user enters a particular keyword or keyword phrase into the search engine's browser, a list of results are generated in the ... Footnote/Sentence no.13 on http://www.exa.com.au/folio/seo.html: "It is the objective of the search engine to ensure that the information it" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22It%20is%20the%20objective%20of%20the%20search%20 engine%20to%20ensure%20that%20the%20information%20it%22&tbs=qdr:y9,sbd:1&start=0& safe=off Google Snippet: It is the objective of the search engine to ensure that the information it delivers is the most appropriate to the enquiry. Without effective SEO it is highly unlikely ... Footnote/Sentence no.14 on http://www.exa.com.au/folio/seo.html: "Without effective SEO it is highly unlikely that a website will be rated by" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Without%20effective%20SEO%20it%20is%20highly%20u nlikely%20that%20a%20website%20will%20be%20rated%20by%22&tbs=qdr:y9,sbd:1&start=0 &safe=off Google Snippet: Without effective SEO it is highly unlikely that a website will be rated by the search engine. For customers to access a website simply and conveniently, and for a ... Footnote/Sentence no.15 on http://www.exa.com.au/folio/seo.html: "finding relevant websites internet users were required to know the exact website address to" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22finding%20relevant%20websites%20internet%20users%2 0were%20required%20to%20know%20the%20exact%20website%20address%20to%22&tbs=qd r:y9,sbd:1&start=0&safe=off Google Snippet: ... Yahoo and MSN to assist with finding relevant websites, internet users were required to know the exact website address to the information they were seeking. Footnote/Sentence no.16 on http://www.exa.com.au/folio/seo.html: "Search engines [Proprietary or misspelled word] the internet making it a more effective information resource and a" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Search%20engines%20*%20the%20internet%20making %20it%20a%20more%20effective%20information%20resource%20and%20a%22&tbs=qdr:y9,sb d:1&start=0&safe=off Google Snippet: Search engines revolutionised the internet making it a more effective information resource and a powerful marketing tool. The introduction of Search Engine ... Footnote/Sentence no.17 on http://www.exa.com.au/folio/seo.html: "The introduction of Search Engine Optimisation meant that businesses could extract maximum value from" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22The%20introduction%20of%20Search%20Engine%20Opt imisation%20meant%20that%20businesses%20could%20extract%20maximum%20value%20fro m%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: The introduction of Search Engine Optimisation meant that businesses could extract maximum value from this new marketing medium, as SEO ensured that the ... Footnote/Sentence no.18 on http://www.exa.com.au/folio/seo.html: "this new marketing medium as SEO ensured that the website would receive maximum exposure" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22this%20new%20marketing%20medium%20as%20SEO%2 0ensured%20that%20the%20website%20would%20receive%20maximum%20exposure%22&tbs =qdr:y9,sbd:1&start=0&safe=off Google Snippet: ... meant that businesses could extract maximum value from this new marketing medium, as SEO ensured that the website would receive maximum exposure. Footnote/Sentence no.19 on http://www.exa.com.au/folio/seo.html: "Today with millions of consumers purchasing goods online the internet has become a global" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Today%20with%20millions%20of%20consumers%20purc hasing%20goods%20online%20the%20internet%20has%20become%20a%20global%22&tbs=qd r:y9,sbd:1&start=0&safe=off Google Snippet: Today, with millions of consumers purchasing goods online, the internet has become a global marketplace. In the case of businesses that trade over the internet, ... Footnote/Sentence no.20 on http://www.exa.com.au/folio/seo.html: "In the case of businesses that trade over the internet their website becomes their" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22In%20the%20case%20of%20businesses%20that%20trade %20over%20the%20internet%20their%20website%20becomes%20their%22&tbs=qdr:y9,sbd:1 &start=0&safe=off Google Snippet: In the case of businesses that trade over the internet, their website becomes their shop-front. To be competitive a set of objectives must be met. These include ... Footnote/Sentence no.21 on http://www.exa.com.au/folio/seo.html: "SEO gives companies an advantage as it means that potential customers find them more" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22SEO%20gives%20companies%20an%20advantage%20as %20it%20means%20that%20potential%20customers%20find%20them%20more%22&tbs=qdr:y 9,sbd:1&start=0&safe=off Google Snippet: SEO gives companies an advantage as it means that potential customers find them more easily. Being high in search results can improve the chances of ... Footnote/Sentence no.22 on http://www.exa.com.au/folio/seo.html: "Being high in search results can improve the chances of winning potential business over" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Being%20high%20in%20search%20results%20can%20im prove%20the%20chances%20of%20winning%20potential%20business%20over%22&tbs=qdr:y9 ,sbd:1&start=0&safe=off Google Snippet: Being high in search results can improve the chances of winning potential business over a competitor. SEO can also help to position a company as an industry ... Footnote/Sentence no.23 on http://www.exa.com.au/folio/seo.html: "SEO can also help to position a company as an industry leader particularly if" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22SEO%20can%20also%20help%20to%20position%20a%20 company%20as%20an%20industry%20leader%20particularly%20if%22&tbs=qdr:y9,sbd:1&star t=0&safe=off Google Snippet: SEO can also help to position a company as an industry leader, particularly if their website is found at the top of search results for the industry's most competitive ... Footnote/Sentence no.24 on http://www.exa.com.au/folio/seo.html: "New markets can be accessed via Search Engine Optimisation as consumers looking for specific" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22New%20markets%20can%20be%20accessed%20via%20 Search%20Engine%20Optimisation%20as%20consumers%20looking%20for%20specific%22&tb s=qdr:y9,sbd:1&start=0&safe=off Google Snippet: New markets can be accessed via Search Engine Optimisation, as consumers looking for specific goods and services find information relevant to their enquiry ... Footnote/Sentence no.25 on http://www.exa.com.au/folio/seo.html: "goods and services find information relevant to their enquiry without specific information such as" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22goods%20and%20services%20find%20information%20rel evant%20to%20their%20enquiry%20without%20specific%20information%20such%20as%22&tb s=qdr:y9,sbd:1&start=0&safe=off Google Snippet: ... consumers looking for specific goods and services find information relevant to their enquiry without specific information such as a company name or location. Footnote/Sentence no.26 on http://www.exa.com.au/folio/seo.html: "in search engines for specific keywords and keyword phrases the position it attains is" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22in%20search%20engines%20for%20specific%20keyword s%20and%20keyword%20phrases%20the%20position%20it%20attains%20is%22&tbs=qdr:y9,s bd:1&start=0&safe=off Google Snippet: While the purpose of SEO is to ensure that a website can be found in search engines for specific keywords and keyword phrases, the position it attains is also ... Footnote/Sentence no.27 on http://www.exa.com.au/folio/seo.html: "Studies have proven that search engine users most trust the highest ranking websites particularly" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Studies%20have%20proven%20that%20search%20engin e%20users%20most%20trust%20the%20highest%20ranking%20websites%20particularly%22&t bs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: Studies have proven that search engine users most trust the highest ranking websites, particularly those in positions one, two and three on page one of the ... Footnote/Sentence no.28 on http://www.exa.com.au/folio/seo.html: "If a website is [Proprietary or misspelled word] in major search engines such as Google Yahoo and" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22If%20a%20website%20is%20*%20in%20major%20search %20engines%20such%20as%20Google%20Yahoo%20and%22&tbs=qdr:y9,sbd:1&start=0&safe =off Google Snippet: If a website is underperforming in major search engines such as Google, Yahoo and MSN for the keywords most relevant to the business's core offerings, it is ... Footnote/Sentence no.29 on http://www.exa.com.au/folio/seo.html: "Only dedicated experienced SEO professionals that demonstrate proven results in past performance should be" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Only%20dedicated%20experienced%20SEO%20professio nals%20that%20demonstrate%20proven%20results%20in%20past%20performance%20should% 20be%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: Only dedicated, experienced SEO professionals, that demonstrate proven results in past performance, should be trusted with your company's Search Engine ... Footnote/Sentence no.30 on http://www.exa.com.au/folio/seo.html: "Top 10 reasons you should NOT use an AD AGENCY for Web" was crawled by Google on Oct 21, 2008, proving it had been published to the world by that date. Test this for yourself with this link (go to the bottom of the last page of links to find the earliest dated record): http://www.google.com/search?q=%22Top%2010%20reasons%20you%20should%20NOT%20us e%20an%20AD%20AGENCY%20for%20Web%22&tbs=qdr:y9,sbd:1&start=0&safe=off Google Snippet: See top SEO results for a wide range of Exa clients in various industries. See how our clients' sites have outperformed their competitors and generated high ... PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Official Affidavit 1. I am the Chief Developer at the Copyright-Archive, located in Coonawarra, South Australia. I make this declaration of my own personal knowledge. 2. The Copyright-Archive is a web application that searches for and locates copyrighted material on the internet that has been re-used without permission or citation. It uses search engines to find copies and the Internet Archive to date them and establish chronological priority. 3. The Internet Archive is a website that provides access to a digital library of Internet sites and other cultural artifacts in digital form. Like a paper library, it provides free access to researchers, historians, scholars, and the general public. The Internet Archive has partnered with and receives support from various well-known institutions and libraries, including the Library of Congress. 4. The Internet Archive has created a service known as the Wayback Machine. The Wayback Machine makes it possible to surf more than 240 billion pages stored in the Internet Archive's web archive. Visitors to the Wayback Machine can search archives by URL (i.e., a website address). If archived records for a URL are available, the visitor will be presented with a list of available dates. The visitor may select one of those dates, and then begin surfing on an archived version of the Web. The links on the archived files, when served by the Wayback Machine, point to other archived files (whether HTML pages or images). If a visitor clicks on a link on an archived page, the Wayback Machine will serve the archived file with the closest available date to the page upon which the link appeared and was clicked. 5. The archived data made viewable and browseable by the Wayback Machine is compiled using software programs known as crawlers that surf the Web and automatically store copies of website files, preserving these files as they exist at the point of time of capture. 6. The Internet Archive assigns a URL on its site to the archived files in the format http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in hh:mm:ss]/[Archived URL]. Thus, the Internet Archive URL http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the URL for the record of the Internet Archive home page HTML file (http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28 seconds (1997/01/26 at 04:58:28). A web browser may be set such that a printout from it will display the URL of a web page in the printout's footer. The date assigned by the Internet Archive applies to the HTML file but not to image files linked therein. Thus images that appear on the printed page may not have been archived on the same date as the HTML file. Likewise, if a website is designed with "frames," the date assigned by the Internet Archive applies to the frameset as a whole, and not the individual pages within each frame. 7. Attached hereto as Exhibit A are true and accurate copies of printouts of the Internet Archive's records of the HTML files for the URLs and the dates specified in the footer of the printout. 8. I declare under penalty of perjury that the foregoing is true and correct. DATE: Feb 16, 2014 SIGNED: S. L. Moignard BA LLB Grad Dip (Inf Tech) WHOIS Emails Summary Email addresses for their host: changed@apnic.net abuse@iprimus.com.au netops@iprimus.com.au routing@commander.com WHOIS Contact Information Their host: Array ( [regrinfo] => Array ( [registered] => no [domain] => Array ( [name] => exa.com.au [nserver] => Array ( [ns3.exadns.co.in] => 205.234.146.46 [ns1.exadns.com.au] => 67.222.30.25 [ns2.exadns.com] => 207.58.155.103 ) ) ) [regyinfo] => Array ( [referrer] => http://www.aunic.net [registrar] => AU-NIC [servers] => Array ( [0] => Array ( [server] => whois.audns.net.au [args] => exa.com.au [port] => 43 ) ) [type] => domain ) [rawdata] => Array ( [0] => BLACKLISTED: You have exceeded the query limit for your network or IP address and have been blacklisted. ) ) - From 116.240.194.24: % [whois.apnic.net] % Whois data copyright terms http://www.apnic.net/db/dbcopyright.html % Information related to '116.240.0.0 - 116.240.255.255' inetnum: 116.240.0.0 - 116.240.255.255 netname: M2TELECOMMUNICATIONS descr: M2 Telecommunications Group Ltd country: AU admin-c: MN153-AP tech-c: MN153-AP mnt-by: APNIC-HM mnt-lower: MAINT-AU-M2TELECOMMUNICATIONS mnt-routes: MAINT-AU-M2TELECOMMUNICATIONS mnt-irt: IRT-PRIMUS-AU status: ALLOCATED PORTABLE remarks: -+-+-+-+-+-+-+-+-+-+-+-++-+-+-+-+-+-+-+-+-+-+-+-+-+-+ remarks: This object can only be updated by APNIC hostmasters. remarks: To update this object, please contact APNIC remarks: hostmasters and include your organisation's account remarks: name in the subject line. remarks: -+-+-+-+-+-+-+-+-+-+-+-++-+-+-+-+-+-+-+-+-+-+-+-+-+-+ changed: hm-changed@apnic.net 20070329 changed: hm-changed@apnic.net 20131029 source: APNIC irt: IRT-PRIMUS-AU address: L3 1 Alfred Circular Quay address: Sydney NSW Australia address: 2000 e-mail: abuse@iprimus.com.au abuse-mailbox: abuse@iprimus.com.au admin-c: JD29-AP tech-c: JD29-AP auth: # Filtered mnt-by: MAINT-AU-M2TELECOMMUNICATIONS changed: abuse@iprimus.com.au 20110421 changed: hm-changed@apnic.net 20131031 source: APNIC role: M2 NOC address: Level 2, 20 Bridge Street address: Sydney NSW 2000 country: AU phone: +612 9423 2449 e-mail: netops@iprimus.com.au admin-c: JD29-AP tech-c: JD29-AP nic-hdl: MN153-AP mnt-by: MAINT-AU-M2TELECOMMUNICATIONS changed: routing@commander.com 20131028 source: APNIC % This query was served by the APNIC Whois Service version 1.69.1-APNICv1r0 (WHOIS4) Summary of Metadata for www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_Case 107. Domain name ownership: Different ownership. IP address allocation: Different host. Citation, backlinks or author credit: None Total same sentences: 24 Total similar sentences: 18 Overall_similarity: 48% Alexa page rank: Not ranked ISP/Host email addresses for DMCA pull-down notices: dmca@google.com; abuse@ripe.net;. Data reliability: Highest. Call or email for any further technical information as to how this data was obtained, its verifiability or any other related questions. © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Tel: + (61) 8737 3680 Fax: +(61) 8125 6766 Email: slim@copyright-archive.com www.copyright-archive.com Feb 21, 2014 VIA POST AND EMAIL Google, Inc. Attn: Customer Support/Google Legal Support, DMCA Complaints 1600 Amphitheatre Parkway Mountain View, CA 94043 Phone: (650) 253 0000 Fax: (650) 618-2680, (650) 963-3255 or (650) 253 0001 Email: removals@google.com Dear Sirs, RE: NOTICE OF COPYRIGHT INFRINGEMENT I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner"). As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that: 1. The Owner is the exclusive owner of the copyrights in the website located at http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing therein (singly and collectively, the "Owner Material") which I have determined to have a priority date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached affidavit); and 2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search results"" at www.google.com the following search results (the "Infringing Material") were returned which infringe the Owner Material and the exclusive rights of the Owner: "and scripting to gain higher rankings and better positioning in search results" http://achievers-infotech.blogspot.com/ May 6, 2011 ... Search Engine Optimization employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 3. Proof of the owner's priority is visible using the same query at www.google.com: "and scripting to gain higher rankings and better positioning in search results" http://www.exa.com.au/folio/seo.html Oct 21, 2008 ... Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 Please immediately remove or disable all access to the Infringing Material. I have a good faith belief that use of the copyrighted material described above is not authorized by the Owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the Owner or am authorized to act on behalf of the Owner. We require contact details for this account holder be provided as required under the DMCA. Please email this information to slim@copyright-archive.com. A full copy of the brief of evidence against this account holder is located at http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf. Should you require any further information regarding this matter, please contact me at the address above. Faithfully S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics) as trustee for The Authors' Trust Attachments - Affidavit © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Tel: + (61) 8737 3680 Fax: +(61) 8125 6766 Email: slim@copyright-archive.com www.copyright-archive.com Feb 21, 2014 VIA POST AND EMAIL Unified Layer Unified Layer Provo Utah 84606 United States Dear Sirs, RE: NOTICE OF COPYRIGHT INFRINGEMENT I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner"). As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that: 1. The Owner is the exclusive owner of the copyrights in the website located at http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing therein (singly and collectively, the "Owner Material") which I have determined to have a priority date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached affidavit); and 2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search results"" at www.google.com the following search results (the "Infringing Material") were returned which infringe the Owner Material and the exclusive rights of the Owner: "and scripting to gain higher rankings and better positioning in search results" http://achievers-infotech.blogspot.com/ May 6, 2011 ... Search Engine Optimization employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 3. Proof of the owner's priority is visible using the same query at www.google.com: "and scripting to gain higher rankings and better positioning in search results" http://www.exa.com.au/folio/seo.html Oct 21, 2008 ... Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 Please immediately remove or disable all access to the Infringing Material. I have a good faith belief that use of the copyrighted material described above is not authorized by the Owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the Owner or am authorized to act on behalf of the Owner. We require contact details for this account holder be provided as required under the DMCA. Please email this information to slim@copyright-archive.com. A full copy of the brief of evidence against this account holder is located at http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf. Should you require any further information regarding this matter, please contact me at the address above. Faithfully S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics) as trustee for The Authors' Trust Attachments - Affidavit © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Tel: + (61) 8737 3680 Fax: +(61) 8125 6766 Email: slim@copyright-archive.com www.copyright-archive.com Feb 21, 2014 VIA POST AND EMAIL Attn: Copyright Infringement Notification, Microsoft Corporation; The Microsoft Network One Microsoft Way, Redmond, WA 98052, United States. Phone: (425) 703-5529 Fax: (425) 936-7329 Email: dmcaagnt@microsoft.com Dear Sirs, RE: NOTICE OF COPYRIGHT INFRINGEMENT I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner"). As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that: 1. The Owner is the exclusive owner of the copyrights in the website located at http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing therein (singly and collectively, the "Owner Material") which I have determined to have a priority date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached affidavit); and 2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search results"" at www.google.com the following search results (the "Infringing Material") were returned which infringe the Owner Material and the exclusive rights of the Owner: "and scripting to gain higher rankings and better positioning in search results" http://achievers-infotech.blogspot.com/ May 6, 2011 ... Search Engine Optimization employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 3. Proof of the owner's priority is visible using the same query at www.google.com: "and scripting to gain higher rankings and better positioning in search results" http://www.exa.com.au/folio/seo.html Oct 21, 2008 ... Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 Please immediately remove or disable all access to the Infringing Material. I have a good faith belief that use of the copyrighted material described above is not authorized by the Owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the Owner or am authorized to act on behalf of the Owner. We require contact details for this account holder be provided as required under the DMCA. Please email this information to slim@copyright-archive.com. A full copy of the brief of evidence against this account holder is located at http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf. Should you require any further information regarding this matter, please contact me at the address above. Faithfully S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics) as trustee for The Authors' Trust Attachments - Affidavit © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. An Authors' Trust Initiative. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Tel: + (61) 8737 3680 Fax: +(61) 8125 6766 Email: slim@copyright-archive.com www.copyright-archive.com Feb 21, 2014 VIA POST AND EMAIL Copyright Agent c/o Yahoo! Inc. 701 First Avenue Sunnyvale, CA 94089, United States. Phone: (408) 349-5080 Fax: (408) 349-7821 Email: copyright@yahoo-inc.com Dear Sirs, RE: NOTICE OF COPYRIGHT INFRINGEMENT I act on behalf of Peter Ball, care of Exa Pty Ltd (the "Owner"). As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millenium Copyright Act (17 U.S.C. ss 512(c)(3) and 512(d)(3)), we are instructed to place you on notice that: 1. The Owner is the exclusive owner of the copyrights in the website located at http://www.exa.com.au/folio/seo.html and the text, artwork, logos and photographs appearing therein (singly and collectively, the "Owner Material") which I have determined to have a priority date of Oct 21, 2008 (using the historical data located at the Internet Archive - see attached affidavit); and 2. Utilizing the search query ""and scripting to gain higher rankings and better positioning in search results"" at www.google.com the following search results (the "Infringing Material") were returned which infringe the Owner Material and the exclusive rights of the Owner: "and scripting to gain higher rankings and better positioning in search results" http://achievers-infotech.blogspot.com/ May 6, 2011 ... Search Engine Optimization employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 3. Proof of the owner's priority is visible using the same query at www.google.com: "and scripting to gain higher rankings and better positioning in search results" http://www.exa.com.au/folio/seo.html Oct 21, 2008 ... Search Engine Optimisation employs various techniques, including programming and scripting, to gain higher rankings and better positioning in search results ... on search results page: 1 recorded by me at: Sun Feb 16 2014 21:26:37 GMT+1030 Please immediately remove or disable all access to the Infringing Material. I have a good faith belief that use of the copyrighted material described above is not authorized by the Owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the Owner or am authorized to act on behalf of the Owner. We require contact details for this account holder be provided as required under the DMCA. Please email this information to slim@copyright-archive.com. A full copy of the brief of evidence against this account holder is located at http://copyright-archive.com/briefs/www.exa.com.au_folio_seo.html -v- achieversinfotech.blogspot.com_ Case 107.pdf. Should you require any further information regarding this matter, please contact me at the address above. Faithfully S. L. Moignard BA LLB(Hons) Grad Dip (Inf Tech) Grad Dip (Legal Practice and Ethics) as trustee for The Authors' Trust Attachments - Affidavit © Copyright 1996-2013 The Authors' Trust. All Rights Reserved. PO Box 105, Coonawarra, SA, Australia 5277 Tel +(61)438 005 051 Official Affidavit 1. I am the Chief Developer at the Copyright-Archive, located in Coonawarra, South Australia. I make this declaration of my own personal knowledge. 2. The Copyright-Archive is a web application that searches for and locates copyrighted material on the internet that has been re-used without permission or citation. It uses search engines to find copies and the Internet Archive to date them and establish chronological priority. 3. The Internet Archive is a website that provides access to a digital library of Internet sites and other cultural artifacts in digital form. Like a paper library, it provides free access to researchers, historians, scholars, and the general public. The Internet Archive has partnered with and receives support from various well-known institutions and libraries, including the Library of Congress. 4. The Internet Archive has created a service known as the Wayback Machine. The Wayback Machine makes it possible to surf more than 240 billion pages stored in the Internet Archive's web archive. Visitors to the Wayback Machine can search archives by URL (i.e., a website address). If archived records for a URL are available, the visitor will be presented with a list of available dates. The visitor may select one of those dates, and then begin surfing on an archived version of the Web. The links on the archived files, when served by the Wayback Machine, point to other archived files (whether HTML pages or images). If a visitor clicks on a link on an archived page, the Wayback Machine will serve the archived file with the closest available date to the page upon which the link appeared and was clicked. 5. The archived data made viewable and browseable by the Wayback Machine is compiled using software programs known as crawlers that surf the Web and automatically store copies of website files, preserving these files as they exist at the point of time of capture. 6. The Internet Archive assigns a URL on its site to the archived files in the format http://web.archive.org/web/[Year in yyyy][Month in mm][Day in dd][Time code in hh:mm:ss]/[Archived URL]. Thus, the Internet Archive URL http://web.archive.org/web/19970126045828/http://www.archive.org/ would be the URL for the record of the Internet Archive home page HTML file (http://www.archive.org/) archived on January 26, 1997 at 4:58 a.m. and 28 seconds (1997/01/26 at 04:58:28). A web browser may be set such that a printout from it will display the URL of a web page in the printout's footer. The date assigned by the Internet Archive applies to the HTML file but not to image files linked therein. Thus images that appear on the printed page may not have been archived on the same date as the HTML file. Likewise, if a website is designed with "frames," the date assigned by the Internet Archive applies to the frameset as a whole, and not the individual pages within each frame. 7. Attached hereto as Exhibit A are true and accurate copies of printouts of the Internet Archive's records of the HTML files for the URLs and the dates specified in the footer of the printout. 8. I declare under penalty of perjury that the foregoing is true and correct. DATE: Feb 21, 2014 SIGNED: S. L. Moignard BA LLB Grad Dip (Inf Tech) © Copyright 1996-2013 The Author's Trust. All Rights Reserved.