We have been engaged in an on-going… thing. Some might call it a feud, we honestly think that it’s a poor writer who is lost in the world and has no one for company other than her cats, trying to get a little attention.

We just want everyone to know, that we are NOT unwilling to take content down. We just ask that the owner of the copyright provide us something signed that confirms that they are, in fact, the copyright owner of the work. Emails are not legally binding. 

In our policy of full disclosure, here is our email conversation so far with Cherise:

Cherise Sinclair
Dear sir:

I am the exclusive rights holder for:
MASTERS OF THE SHADOWLANDS 1: CLUB SHADOWLANDS; ISBN: 978-1-59632-133-5, published Jan 2009,
MASTERS OF THE SHADOWLANDS 2: DARK CITADEL; ISBN: 978-1-59632-920-1, published April 2009
MASTERS OF THE SHADOWLANDS 3: BREAKING FREE; ISBN: 978-1-59632-965-2, published June 2009

which are the titles of the copyrighted material being infringed upon.

These exclusive rights are being violated by material available upon your site at the following URL(s):

http://tuebl.com/library/book/club-shadowlands

http://tuebl.com/library/book/dark-citadel

http://tuebl.com/library/book/breaking-free

I have a good faith belief that the use of this material in such a fashion is not authorized by ME the copyright holder, the copyright holder’s agent, or the law.

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

Contact me by email at: cherisesinclair@sbcglobal.net

Cherise Sinclair
2521 Hilltop Dr. #300
Redding, CA 96002
(530) 243-7202

I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible.

Thank you.

Regards,

Cherise Sinclair

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My Reply
#===========================================================

Travis McCrea
12/25/11

to Cherise
Thank you for contacting TUEBL and TorMovies legal department,

You must scan or fax us a SIGNED letter requesting the takedown. The rest of your takedown request is fine… please read the following:

We are currently evaluating your request and action will be taken shortly. No TUEBl or TorMovie server resides within the United States and as such is not bound by US law. We do, however, want to provide a method for you to “protect” the “intellectual property” of the people you claim to represent.

Two additional requirements that we have that are not specifically mentioned within the DMCA is the requirement to show proof of representation of the copyright holder. If your organization represents ACME Inc. then we require the written agreement between your organization and ACME Inc. to ensure that you have the proper authority to represent them in this matter.

Due to the configuration of our servers, we also require that you submit a link to not only the file you would like to see removed, but the page on our site where you find it (for instance on TorMovies if you wanted to remove the movie CatsNDogs you would link to http//tormovies.org/2011/CatsNDogs and http://tormovies.org/torrents/catsndogs.torrent to ensure that we remove the file properly.

If your email did not include these, please consider sending an updated email with the proper information.

Here are some requests that we do not accept:
*PDF Files (except in the case of the agreement between your organization and the company/person who owns the copyright which you claim to represent)
*Image Files(except in the case of the agreement between your organization and the company/person who owns the copyright which you claim to represent)
*Audio Files
*Emails with heavy HTML

If your request contains any of the above, please correct and resend.

Also please note that any email that we recieve is public information and will be published in full on our blogs, twitter, facebook, and any other social network that we desire.

You should recieve a response within 72 hours. If you do not, please ensure that the above criteria was met and send again.

//Please Also Note This Is An Automated Response:
This email will be sent each time legal@tormovies.org gets an email

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Her Reply To My Reply
#===========================================================

Cherise Sinclair
12/25/11

to me
I’m so sorry, but this email is a legal notification. Please comply as requested in the DMCA takedown notice that you received on December 24, 2011.
ISP notification if no action taken within 24-48 hours.

Thank you so much,
Cherise Sinclair

#===========================================================
My Reply to Her Reply to My Reply
#===========================================================

From: Travis McCrea
To: Cherise Sinclair
Sent: Sun, December 25, 2011 1:14:56 PM
Subject: Re: Copyright violation notice

Travis McCrea
12/25/11

to Cherise
Sorry, we do not operate under US law as our servers are not located in the United States and I am not a US citizen. Just so happens that the United States doesn’t dictate the law for the rest of the world. This is the same procedure even Harper Collins and other major publishers follow with us, and they have complex systems which they have to abandon when working with TUEBL.

Our website is fully resistant to any attempt of censorship so even if you were able to talk with one of our webhosts and convince them that I am breaking the law (which you wouldn’t because I have cleared this takedown agreement with all companies involved with hosting my websites), our website would have no downtime at all and we certainly would not remove your books after that.

Please Mz Sinclair, I would ask that you just follow the procedure below… otherwise we will not be removing the content.

#===========================================================
Some time passes… and then we get this in our inbox
#===========================================================

Cherise Sinclair cherisesinclair@sbcglobal.net
6:52 PM (47 minutes ago)

to me
Dear sir:

I am the exclusive rights holder for:
MASTERS OF THE SHADOWLANDS 1: CLUB SHADOWLANDS; ISBN: 978-1-59632-133-5, published Jan 2009,
MASTERS OF THE SHADOWLANDS 2: DARK CITADEL; ISBN: 978-1-59632-920-1, published April 2009
MASTERS OF THE SHADOWLANDS 3: BREAKING FREE; ISBN: 978-1-59632-965-2, published June 2009
MASTERS OF THE SHADOWLANDS 4: LEAN ON ME; ISBN: 978-1-60737-558-6 published March 30th, 2010
MASTERS OF THE SHADOWLANDS 5: MAKE ME, SIR; ISBN: 978-1-60737-942-3 published February 1, 2011
MASTERS OF THE SHADOWLANDS 6: TO COMMAND AND COLLAR; ISBN: 978-1-61118-667-3 published November 29th, 2011
MASTER OF THE MOUNTAINS ISBN: 978-1-59632-992-8, published August 2009
THE DOM’S DUNGEON ISBN: 978-1-60737-492-3, published December 2009
THE STARLIGHT RITE ISBN: 978-1-60737-831-0 , published August 3rd, 2010
MASTER OF THE ABYSS ISBN: 978-1-60737-880-8, published October 26, 2010
DOMS OF DARK HAVEN ISBN: 978-1-60737-593-7 published May 18, 2010
DOMS OF DARK HAVEN 2: Western Night ISBN: 978-1-61118-410-5, published May 2011
HOUR OF THE LION: ISBN: 978-0-9837063-0-4, published: June 2011

which are the titles of the copyrighted material being infringed upon.

These exclusive rights are being violated by material available upon your site at the following URL(s):

http://tuebl.com/library/book/club-shadowlands

http://tuebl.com/library/book/dark-citadel

http://tuebl.com/library/book/breaking-free

http://tuebl.com/library/book/lean-me

http://tuebl.com/library/book/make-me-sir-0

http://tuebl.com/library/book/command-and-collar

http://tuebl.com/library/book/doms-dungeon

http://tuebl.com/library/book/starlight-rite

http://tuebl.com/library/book/master-mountain-0

http://tuebl.com/library/book/doms-dark-haven-simon-says-mine

I have a good faith belief that the use of this material in such a fashion is not authorized by ME the copyright holder, the copyright holder’s agent, or the law.

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

Contact me by email at: cherisesinclair@sbcglobal.net

Cherise Sinclair
2521 Hilltop Dr. #300
Redding, CA 96002
(530) 243-7202

I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible.

This e-mail (e-letter) contains information intended only for the use of the individual or entity named above. If the reader of this e-mail is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, any dissemination, publication or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please notify me by return e-mail.

Thank you.

Regards,

#===========================================================
Here is our reply
#===========================================================

Considering you did not seem to understand our last email, we decided to attach our request in giant words and a picture of where the United States is, in relation to Canada whose laws are applicable to me: