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Day Trade To Win - Atlas Line - DMCA takedown


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Day Trade To Win - Atlas Line - DMCA takedown

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  #1 (permalink)
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Hello everyone,

On August 8, 2010, I received a DMCA takedown notice from Day Trade to Win. The notice alleges copyright and trademark infringement on two forum threads on Big Mike Trading. I have attached a copy of the notice.

One thread is a discussion thread where people have shared their experiences, reviews and thoughts regarding the Day Trade to Win Atlas Line indicator/system. The other thread is a discussion thread where a user provided a free alternative to the Atlas Line, which he created on his own from scratch.

When a DMCA takedown notice is submitted it is sent to the hosting company of the website and forces the host to ask the owner/operator of the website to remove the content.

I hired an attorney and discussed with him the legal options. I believe there is no legal basis to John Paul @ Day Trade To Win's argument.

I will be removing the content from the two threads, which will now redirect to this notice, for a period of 14 days. This is a requirement under the DCMA takedown notice and in no way an admission of guilt.

I have two options at this point to further pursue this matter:
  • 1. I could file a DMCA counter-notice, in which I contest that the thread removal was inappropriate. John Paul @ Day Trade To Win would have 14 days to file suit, after which if he does not, the threads would come back on-line. If he does file suit, it is a Federal court matter and I would need to present my case in court, as would he.
  • 2. I could remove the threads, leaving this redirect in place.

At this point I have not made a decision.

I am closing this thread which means you are unable to make replies. This thread is simply to inform you. Please private message me if you wish to communicate regarding this matter.

Mike

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Experience: Advanced
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Posts: 49,149 since Jun 2009
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Copy of DMCA takedown notice:


Quoting 
To: Nobis Technology Group, LLC
201 W. Olive St. Floor 2
Bloomington, Illinois 61701

866-438-8247



From: DTTW LLC.

John Paul, Pres.
1200 N. Federal Highway
Suite 200
Boca Raton, Florida, 33432

Day Trade to Win Official Site, E mini S&P Futures Day Trading System, Strategy and Automation
Email: info@daytradetowin.com
Phone 888-607-0008

Original copyright #: number [1-459266111]
Original Trademark : serial number '85102596'

?Atlas Line? Indicator


August 8, 2010

To Whom It May Concern At Ubiquity Hosting

The following information is presented for the purposes of removing web content that allegedly infringes on our copyright per the Digital Millennium Copyright Act and TradeMark Violation. We appreciate your enforcement of copyright law and support of our rights in this matter.Be aware that if you ignore this notice, you (as a Provider covered by the Digital Millennium Copyright Act) forfeit the Act's immunity from monetary damages, which range from $750 to $30,000 per work infringed and up to $150,000 per work for willful infringement. Attorney's fees and costs can also be recovered

What you (the Provider) need to do now:

1) reply to the Complainant (Us) and /or the Authorized Agent thereof that this notification has been received, within 24 hours.

2) send your customer written notification, along with a copy of this notification, requesting removal of the infringing material and requiring confirmation of the removal be sent to you (the Provider) within 24 hours;
3) disable access to the infringing material or the customer's account if the customer fails to remove the infringing material and/or fails to inform you (the Provider) of the removal within 24 hours of notification;

4) send the Complainant (Us) and /or the Authorized Agent thereof notice of the customer's counter notification and your (the Provider) intent to re-enable access to the material or the account within 14 days of your (the
Providers) receipt of any customer counter notification, assuming the counter notification meets the requirements of the DMCA Act.

Identification of Copyrighted Work

The copyrighted work at issue is the software program that appears on DayTradeToWin - Atlas Line<sup>TM</sup> Indicator and its related pages. The pages in question contain a clear copyright notification and are the intellectual property of the complainant.

Original copyright ECO#: number [1-459266111]

Original Trademark USPTO: serial number '85102596'


The product/copyright/trademark is the Atlas Line Indicator
DayTradeToWin - Atlas Line<sup>TM</sup> Indicator


Identification of Infringed Material

The following copyrighted and Trademarked links and paragraphs have been copied from the copyrighted work. We have retained but not submitted printed examples of these and other alleged infringements.Be aware that these are blatant and obvious examples and are not necessarily a complete list of all alleged violations. We require that all alleged copyright violations be removed from the website in question and the onus is on the infringer to locate and remove all alleged copyright violations of the complainant?s intellectual property.

Be further aware that simply making a few changes (such as changing a name or rewording or reformatting some text) is not sufficient to remove the rights of the complainant. The alleged offending materials (or website) must be wholly removed.

Copyright Violation: selling and providing copies of this software.
Bigmiketrading.com is also profiting from users membership to acquire copyrighted software

Website: https://futures.io/ hosted by Ubiquity hosting also according to the terms and agreement listed on Ubiquity hosting website:


1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the ?DMCA?) and acknowledge that Ubiquity Hosting Solutions is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. 512. Consistent with the DMCA, Ubiquity Hosting Solutions will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Ubiquity Hosting Solutions has a policy of terminating accountholders who are copyright infringers.






































Copyright Owner Contact Information


DTTW LLC
John Paul
1200 N. Federal Highway
Boca Raton, Florida, 33432

Day Trade to Win Official Site, E mini S&P Futures Day Trading System, Strategy and Automation

Email: info@daytradetowin.com


Copyright Owners Statement

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Signed on this day, the 8 day of August, 2010,

JOHN PAUL


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Posts: 49,149 since Jun 2009
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UPDATE after reviewing some questions sent to me regarding Day Trade To Win - Atlas Line:

1. If I don't believe I did anything wrong, why take down the threads? That's part of the DMCA. You'd have to ask your congressman why the language is the way it is. I have to take it down for a period of not less than 14 days, at which time whether or not it can come back up will depend on if I file a counter-notice.

2. Does this mean we can't mention Day Trade To Win or the Atlas Line on the forum anymore? No it does not mean this! You are free to continue posting your experiences regarding Day Trade To Win and the Atlas Line, although you may need to start a new thread to do it.

Mike

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Site Administrator
Manta, Ecuador
 
Experience: Advanced
Platform: My own custom solution
Trading: Emini Futures
 
Big Mike's Avatar
 
Posts: 49,149 since Jun 2009
Thanks: 31,812 given, 95,793 received

Another update after reviewing some more private messages:

If you wish to make a donation to help me fight Day Trade to Win and future legal issues, please send it to mike@bigmiketrading.com via PayPal or you can use the Elite button on the top navbar if you find that easier.

I have no problem fighting them, and I know a lot of you want me to fight them as well. The issue would go before a Federal court and the cost is around $15,000.

Please drop me a private message after. I appreciate all the support!

Mike

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August 10, 2010


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