Quote:

You should now be in receipt of the DMCA Takedown notice request sent to BlueHost. I have also removed your access to our server, which you have been utilizing for free since 2007. If you would like to resolve this issue, please give us a call during normal business hours. Our phone number, again, is 859-514-2720. Thanks, Mike Marr

-----Original Message-----
From: SourceForge.net Support [mailto:sfnet_ops@geek.net]
Sent: Monday, February 06, 2012 4:23 PM
To: kuba122@users.sourceforge.net; miqrogroove@users.sourceforge.net
Cc: DMCA; mmarr@ientry.com
Subject: xmb-forum DMCA notification [sg 50173]

Hello,

My name is Chris Tsai; I am a Support Specialist for SourceForge.net.
You are receiving this mail because you are the project administrator of the 'xmb-forum' project, hosted by you on SourceForge.net. We have recently received the following DMCA request from a representative of iEntry, Inc. (CC'd).

When cases like this arise, we forward the mail to the project admin expeditiously. Please review this message carefully and follow-up as needed.

Following our DMCA policy, we have disabled public access to your project.

You can read the specifics about our DMCA compliance in our Terms and Conditions of Use page: http://p.sf.net/sourceforge/tosdmca

You can read our DMCA policy, including instructions for counter-notification at:
http://apps.sourceforge.net/trac/sitelegal/wiki/DMCA%20Notif...

Thank you for your prompt attention to this serious matter.

Sincerely,

Chris Tsai, Support - SourceForge.net
sfnet_ops@geek.net

---------- Forwarded message ----------
From: Mike Marr <mmarr@ientry.com>
Date: Mon, Feb 6, 2012 at 6:20 AM
Subject: xmbforum
To: dmca@sourceforge.net


To Whom It May Concern:

Pursuant to 17 USC 512(c)(3)(A), this communication serves as a statement that:

(1) I am the duly authorized representative of iEntry, Inc., the exclusive rights holder for the following copyrighted materials being infringed upon, along with any identifying materials:

http://www.xmbforum.com

(2) These exclusive rights are being violated by material available on your site at the following URLs:

http://sourceforge.net/projects/xmb-forum

(3)  I have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder (iEntry, Inc.), the copyright holder's agent, or the law;

(4) Under penalty of perjury in the United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on behalf of the exclusive rights holder for the material in question;

(5) I may be contacted by the following methods:

Phone: (859) 514-2720
Fax: (859) 218-9065
email: mmarr@ientry.com

Michael Marr
iEntry, Inc.
2549 Richmond Road, 2nd Floor
Lexington, Ky 40509


I hereby request that you remove or disable access in as expedient a fashion is possible to any material violating the rights of iEntry, Inc., including, but not limited to, the property identified herein above, and notify me once those actions have been taken. This notice in no way limits the rights of iEntry, Inc. with regard to other methods of pursuing compliance.

-----Original Message-----
Sent: Wednesday, February 29, 2012 1:21 PM

Mr. Chapin:

It is iEntry's position that we own, on behalf of the community, the legal rights to every single post in every single thread started on xmbforum.com. Now that the forum is restored, I will give you 48 hours to remove these offending posts from your site before I file another, more specific, DMCA complaint to BlueHost.

As you know, XMB Forum is open source. However, it is our position that we own, on behalf of the community, the name, logo, code, and any other related property. Thus, continued attempts to develop XMBForum will be met with legal action. Obviously, you have every right to fork the XMB Forum code and create something else. You also have every right to run a XMBForum Community. You, however, do not own the official XMB distribution nor the official website for this project. You have 48 hours to cease any and all operations of repositories and/or websites claiming to be XMB Forum.

As always, we invite you to call us at 859-514-2720 between 8:30am and 5:30pm EST Monday through Friday.

Thanks,

Mike Marr
IT Manager
iEntry, Inc.
859-514-2720