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U7/iHeartMedia Correspondence

Started by shafe, March 04, 2015, 05:18:00 PM

shafe

Below is the correspondence thus far between iHeartMedia and U7Radio...   The last response, Ellen claims that Premiere owns the Dark Matter Programs -- I'm not even sure how to respond to that, as far as I know that just is a flat out lie....

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Dear Sir:
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights, said owner being named Premiere Radio Networks, Inc. ("IP Owner"). I have a good faith belief that the listings or materials identified in the addendum attached hereto are not authorized by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights according to state, federal, or United States law. Please act expeditiously to remove or disable access to the material or items claimed to be infringing.

I may be contacted at:
Printed Name: Ellen Lockwood
Title & Company: Senior Paralegal, iHeartMedia, Inc.
Street Address: 200 East Basse Road
City and State and Zip: San Antonio, Texas 78209
Email (correspondence): ellenlockwood@iheartmedia.com
Email (for infringing parties): infringerissues@iheartmedia.com
Telephone: 210.822.2828
Fax: 210.832.3149
Truthfully,
/Ellen Lockwood/
Ellen Lockwood, ACP, RP
Senior Paralegal
Certified Paralegal - Intellectual Property Specialist
Addendum to Notice of Infringement
Name of Intellectual Property Owner: Premiere Networks, Inc., a subsidiary of iHeartMedia, Inc.
Work infringed: Coast to Coast AM with Art Bell radio programs
Type of Infringement: Copyright infringement - unauthorized copies of copyrighted works made available for performance
URL of Infringing Items: http://u7radio.org/
Ellen Lockwood, ACP, RP
Senior Paralegal
Certified Paralegal - Intellectual Property Specialist
iHeartMedia, Inc.
o 210.832.3382 | m 210.863.4884
200 East Basse Road, San Antonio, TX 78209
EllenLockwood@iHeartMedia.com
- ksb


----------------------------------------

Emma Shaffer <tnlshafe@gmail.com>
Mar 2 (2 days ago)

to ellenlockwood
Dear Sir.

We've asked the curator of the show on our internet radio network to cease operations.  Out of the following shows, please reply with a list of shows from this list that premier networks owns, and we have been assured that they will be removed from the network. Please act expeditiously in this request.

http://u7radio.org/playlist.html

Thank you for your time, and we await your response,

Best Regards.
Emma S.


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Lockwood, Ellen
Mar 3 (1 day ago)

to me
Ms. Shaffer:

You may find a list of shows here: http://www.premierenetworks.com/shows/index/.  However, there are other shows that are no longer carried currently that Premiere still owns.

Best regards,
Ellen Lockwood


Ellen Lockwood, ACP, RP
Senior Paralegal
Certified Paralegal â€" Intellectual Property Specialist
iHeartMedia, Inc.
o 210.832.3382 | m 210.863.4884
200 East Basse Road, San Antonio, TX 78209
EllenLockwood@iHeartMedia.com

------------------------------------------------------


From: Emma Shaffer [mailto:tnlshafe@gmail.com]
Sent: Monday, March 02, 2015 9:56 PM
To: Lockwood, Ellen
Subject: U7 Radio


Emma Shaffer <tnlshafe@gmail.com>
5:30 PM (21 hours ago)

to Ellen
As that list is not complete, maybe it would be easier if you could specify which shows
are NOT owned by Premiere.

Thanks!
-----------------------------------------------------------

Lockwood, Ellen
12:42 PM (2 hours ago)

to me
Premiere owns all Coast to Coast, Art Bell, and Dark Matter programs on the list at the link below.


Ellen Lockwood, ACP, RP
Senior Paralegal
Certified Paralegal â€" Intellectual Property Specialist
iHeartMedia, Inc.
o 210.832.3382 | m 210.863.4884
200 East Basse Road, San Antonio, TX 78209
EllenLockwood@iHeartMedia.com

--------------------------------------------------------------

Heather Wade

How does Premiere own the Dark Matter shows??   :o  No makey any sense.

stevenotero

They seem to think they own Art Bell outright.

jazmunda

Quote from: (Redacted) on March 04, 2015, 05:21:23 PM
How does Premiere own the Dark Matter shows??   :o  No makey any sense.

That is just bizarre. I bet we're not allowed to whistle along to any ABBA songs either.

dan7800

Are there any legal ramifications if THEY claim to own something they don't?

williedee

I can't even figure out what their motive is at this point.. Its as if they want to erase Art's voice from the internet.

She's a paralegal and simply fucked up. According to Premier, "All of your broadcast towers are ours".

Fuck you Premiere. 2B in debt and Chapter 11 on the way. Eat shit and die.

Art Bell

Wow, They must have a much bigger reach then I thought. Perhaps they made a bigger deal with Sirius/XM
then even I thought.....goodness that's some claim!! Dave is really something. Hard to believe they would make
a Legal claim like that if not true.

Art

jazmunda

Quote from: Art Bell on March 04, 2015, 06:43:00 PM
Wow, They must have a much bigger reach then I thought. Perhaps they made a bigger deal with Sirius/XM
then even I thought.....goodness that's some claim!! Dave is really something. Hard to believe they would make
a Legal claim like that if not true.

Art

Agreed. A paralegal, unless she's a paranormal radio fan, would not be so familiar with Dark Matter unless she had been told that from up top.

Producer-Paul

Quote from: (Redacted) on March 04, 2015, 05:21:23 PM
How does Premiere own the Dark Matter shows??   :o  No makey any sense.

Unless the rats bought them from SXM...

bateman

Quote from: Art Bell on March 04, 2015, 06:43:00 PM
Wow, They must have a much bigger reach then I thought. Perhaps they made a bigger deal with Sirius/XM
then even I thought.....goodness that's some claim!! Dave is really something. Hard to believe they would make
a Legal claim like that if not true.

Art

This begs the question: will you own your new shows?

dan7800

Can you ask them to provide legal proof that they do in fact own the shows?

This could open up a (good) can of worms if they do not formally have it.

Quote from: Paul on March 04, 2015, 06:48:33 PM
Unless the rats bought them from SXM...
They wouldn't do that. They are cash poor.

indigoo

It sucks to be a paralegal I hear. Pay is shit and respect is even shittier.

Gd5150

Wow I hope they don't shut down the pirated steaming website of The Saturday Night Countdown with Mario Lopez.

albrecht

my favorite on their list is the "Jesus Christ Show." Yes, there is such a show. I've only heard it once. Didn't realize it was still on or some odd random show on an obscure rural station or something. It was in a rural locale in Texas in the morning after a canoeing/fishing/drinking (more of the latter) trip with a friend who loved LOVED ART BELL (and got me into him decades ago.) We both were having some morning beers and loading gear on the truck to head back to his farm and he says "you gotta listen to this" and I hear some cracking on the AM radio and it was some caller saying "hi Jesus, and I have this problem" etc etc. And we both were gobsmacked. And it continued for an hour, I guess. Fading in and out as we drove. "Hi Jesus,,,etc" it was surreal. I looked it up, later, and I guess the guy doesn't claim he IS Jesus but answers questions as IF he was or something.

In any event- when Jesus comes back I reckon that iHeartMedia, Inc's para-legals will send him a cease-and-desist order and even sue him!!!!


Dateline

In some states there may be laws that make it illegal to practice law without a license.  Most paralegals are not attorneys.  It could be argued that issuing the cease and desist is a form of practicing the law. 

You can follow my line of reasoning I am sure.

Heather Wade

Quote from: Paul on March 04, 2015, 06:48:33 PM
Unless the rats bought them from SXM...

Do you think they would stoop so low?  My BS Meter is going off, into the red, on this one.
I want to see the document that says Dark Matter shows are owned by Premiere, and then get three additional verifications that said document is authentic.

cweb

When battling Jorch's legal team, always ask for spushifics.

MV/Liberace!

I believe it is a violation of the DMCA to file a DMCA takedown notice when you are not the owner of the content in question.  Thus, it could perhaps be said they're in violation of the law by asserting ownership of the newer Dark Matter shows... and perhaps also Art's pre-PRN shows.

albrecht

I am not a lawyer. Neither was she but she is, apparently, a paralegal and under direction of such.  Although a previous posters makes some good points (with regard to "practice of law" and not being a member of the Bar etc I think it is ok in TX for a paralegal to write a letter like that. But, again, worth someone looking into.) Also, if the facts were wrong, the accusations, etc that is an interesting avenue. Even typos or etc need to be analyzed. Also their claims: every show, broadcast dates, etc etc and produce the evidence of ownership, etc and dates of their allegations (proof?) I would hope someone, anyone, even someone just out of school help out U7, out of principle at least (ask to do some Pro-Bono work for the common good even!) At least send a letter back. (I also wonder about this email stuff. Every legal matter I've been involved with involved process servers, certified mail, depositions, etc before court.) In fact I think you can assert that all correspondence goes through those methods or through your lawyer. Document, record, archive etc everything (phone, email, certified mail, etc) they send you and use discretion in your replies because they are a BIG company hemorrhaging money. Good luck! I hope a real lawyer helps you keep the stream alive and also befuddles and costs iHateRadio.


shafe

Next email:

Thanks, we have taken all infringing material down.  While it's not on the playlist.I do need documentation of the ownership by premiere of the Dark Matter programs.

Best Regards,
ES


wr250

heh they are playing a dreamland show now.

Quote from: From Somewhere Out There on March 04, 2015, 06:40:08 PM
She's a paralegal and simply fucked up. According to Premier, "All of your broadcast towers are ours".

Fuck you Premiere. 2B in debt and Chapter 11 on the way. Eat shit and die.

Yes, this paralegal has no clue to the claims she is making. People are giving her way to much credit. I do not believe they own Sirius shows. They might not even own all the C2C shows.

dan7800

I wouldn't even reply or acknowledge anything that was sent via email.

For 1, I can send anyone here an email from Obama@whitehouse.gov.

What a bunch of horse piss. I depend on U7 to keep me sane. Pretty sad if Premiere has a paralegal do the work. Cheap. If anything, this should bring Art back with some fire. Time to really call out C2C on how horrid it has become.

*If anyone could photoshop a Noory head on Mal from Fireflys body, that would be great. Add,"Can stop the signal."

Heather Wade

Quote from: shafe on March 05, 2015, 03:08:02 AM
Next email:

Thanks, we have taken all infringing material down.  While it's not on the playlist.I do need documentation of the ownership by premiere of the Dark Matter programs.

Best Regards,
ES

Art confirmed in the Art Bell thread that they don't own the Dark Matter shows.  Dirty rats, I tell ya.

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