?

Log in

No account? Create an account

Previous Entry | Next Entry

Unfortunately, this woman continues to harass me and spread lies, so I'm posting the full content of the abuse complaint here, so it is available for public view. You can read under the cut. If you ever wish to seek permission to use my copyrighted images, it's easy to do. My blog address and name are printed on almost every photo I publish here. The excuse that you don't know how to contact me is pathetic and will not be accepted. You can send a private message to me in LiveJournal, write a comment to the post in which the photo is displayed, or send me a personal email through the Gmail account displayed in my profile. Have a nice weekend!


Request #1946672





From: peacetraveler22 peacetraveler22 Shannon
: Paid Account
LiveJournal: username: peacetraveler22
style: (S2) core:  public,  i18n:  none,  i18nc:  none,  layout:  public,  theme:  public,  user:  custom,
userpics: base + loyalty = userpics
sup enabled:
email validated? yes
cluster: HotWings (#13); data version : 8
design: old  scheme: horizon    friends page: feed
language: en_LJ
underage no;
Is JavaScript enabled: yes
Request sent from Beta:
Photo hosting migration: done
Support category: AbuseLJ
Time posted: Tue, 02 Jun 2015 15:12:43 GMT (3 days ago)
Status: closed , reopen this request
Summary: CV (wDMCA) by lenkaolenka
Original Request:
Reporter's full name: Shannon McKeon
Full name: Shannon McKeon
Street address: 1300 I Street, N.W.
City: Washington, DC
Country: USA
Postal code: 20005
Email address: smckeon@dykema.com
Offender's username: lenkaolenka
Location of copyrighted materials: http://lenkaolenka.livejournal.com/906898.html
Location of original copyrighted material: http://peacetraveler22.livejournal.com/127133.html, http://odin-moy-den.livejournal.com/1820551.html
Good Faith Statement: I do affirm that in good faith, I believe that this material is not authorized for this use.
Penalty of perjury statement: I hereby state, under penalty of perjury in a United States court, that the material given here is accurate and I am authorized to act on behalf of the copyright holder.
User understands counterclaim proceedings: Yes
Additional Comments: Dear Sir or Madam:

My name is Shannon McKeon. I am an intellectual property attorney in Washington, DC, but also write an English language blog on LiveJournal, which is read only by Russian speaking subscribers. In my blog, I write mostly about my travels to Russia and other countries. In connection with these stories, I place a large number of photos in my blog, almost all of which are marked with the International copyright symbol ©, my name, and my blog address peacetraveler22.livejournal.com.

On 31 May 2015, two of my copyrighted photos appeared in connection with the story posted at the following link: http://lenkaolenka.livejournal.com/906898.html. The post contains falsities and lies about me and my travel stories, which could have an adverse impact on my blogging reputation in the LiveJournal community. I am a strong advocate for free expression, even if such expression is unfavorable to me. This is one of the strongest principles upon which America was founded. However, the author of this blog used my images and created a scandalous post about me for the main purpose of promoting her music school in the comments to the post. If you review the comments (there are now almost 1500 of them), you will see over and over again that the blogger posts YouTube videos and weblinks to pages associated with her music school and services for commercial gain. By way of example, you can look at this thread http://lenkaolenka.livejournal.com/906898.html?thread=6390418#t6390418, or simply review the 9 pages of comments to the post.

The blogger known as “lenkaolenka” on LiveJournal clearly used my copyrighted images for the purpose of self-promotion and free advertisement for her music training services. Her objective was achieved, because this post hung in TOP LJ for the entire day of 1 June 2015. I would kindly ask that the moderators in charge of the posts in TOP LJ be more responsible with the content posted there. If this blogger wants free advertisements for her music school and classes, she can pay for it in promos, but not at the expense of my character and blogging reputation. Accordingly, I kindly ask that my copyrighted photos be removed from the webpage athttp://lenkaolenka.livejournal.com/906898.html.

Copies of the photos, with my copyright signature are attached hereto. However, you can also see the copyrighted photos in earlier publications on my blog in LiveJournal, and the popular LJ Community “Odin-Moy-Den,” as reproduced below:

(1) Original story dated 8 April 2015, appearing on my blog: http://peacetraveler22.livejournal.com/127133.html

(2) Translated version of the same story, dated 27 May 2015, appearing in the LJ Community “Odin-Moy-Den”: http://odin-moy-den.livejournal.com/1820551.html.

I ask ONLY that my copyrighted photos be removed, not that the entire webpage or story published at http://lenkaolenka.livejournal.com/906898.html be taken down. The blogger is free to express her opinions about me and my country, but not to use my copyrighted photos for the purpose of promoting her own commercial interests, and drawing traffic to her blog, without my express consent. Please note there are also copyright and legal notices posted in my LJ profile, which expressly state that use of my copyrighted photos for commercial gain is strictly prohibited, unless permission is given to use same. See http://peacetraveler22.livejournal.com/profile.

I look forward to receiving your prompt response to this complaint. In the absence of attention to this matter, further legal action will be considered.

Kind regards,

Shannon McKeon
Peacetraveler22.livejournal.com

Answer (#7428878)
Posted Wed, 03 Jun 2015 11:50:14 GMT (2 days ago)

Thank you for your report. We have disabled access to the material in question.

Please note that the user is entitled under United States law to file a counter-notification, if the user believes that they are entitled by law to use this material. If this happens, we will contact you with further information.

Regards,
LiveJournal Abuse Prevention Team

Answer (#7430938)
Posted Thu, 04 Jun 2015 12:18:26 GMT (1 day ago)

We have received a counter-notification regarding your claim of copyright infringement, which I have included below my signature. Pursuant to the Digital Millennium Copyright Act, you now have 10 business days to notify us that you have filed a lawsuit against this person regarding use of this material. If we do not receive this notification, the material in question will be restored after 10 business days have passed.

Regards,
  LiveJournal Abuse Prevention Team

-----BEGIN COUNTER-NOTIFICATION-----
(A) Your physical or electronic signature
Hellene Hiner

(B) http://lenkaolenka.livejournal.com/906898.html#comments

(C) I state under penalty of perjury in a United States court of law, that I have a good faith belief that the material in question was identified as a copyright violation as a result of mistake or mis-identification, including the reasons why you believe this;

(D) Hellene Hiner 15131 New Hastings Dr Houston TX 77095 USA 713 443 8984

(E) I state that I consent to the jurisdiction of Federal District Court for the judicial district in which I address is located and that I will accept service of process from the person who provided the initial notification.

I received the information that my entire LJ entry is blocked for the reason of 'using someone's copyrighted work'
In this regards I have the following information:

1, The photo collage that was published in the entry is taking just a small part of the story. Why the entire story was blocked?

2. Fair use provisions of U.S. copyright law allow use of copyrighted materials on a limited basis for specific purposes without the permission of the copyright holder.

a. I used 2 excerpts of the previously published images with no copyright information as a collage for repurposing, decontextualizing, creating a new purpose or meaning of the images on the picture and the educational purpose.

b. The nature of my work is published, fact-based content

c. Amount used: I used only the amount needed for a given purpose; I am using combination of 2 small images

d. It was not possible to obtain the permission from the author of the work, because there was no copyright information on the pictures. Pictures presented images of other people. I asked the publisher about the nature of the pictures and lawfulness of using them and the publisher assured me that the permission was obtained, but didn't share contact information of potential owners of the pictures . Therefore, I believe the copyright of the images is vague to begin with.

Regards,
Hellene Hiner

Comment (#7431334)
Posted Thu, 04 Jun 2015 15:25:02 GMT (1 day ago)

I am in receipt of Hellene Hiner's counter-notification regarding the dispute involving use of my copyrighted photographs on the blog entry at http://lenkaolenka.livejournal.com/906898.html. As stated in my initial abuse complaint filing, I asked only that my copyrighted photographs be removed, NOT that the entire entry be suspended.

In view of the foregoing, if Ms. Hiner removes my copyrighted images from the webpage at http://lenkaolenka.livejournal.com/906898.html, please "unsuspend" the page for viewing to the public.

If you have further questions, please let me know.

Kind regards,

Shannon McKeon
peacetraveler22.livejournal.com

Answer (#7431572)
Posted Thu, 04 Jun 2015 18:02:53 GMT (1 day ago)

Thank you for responding back.

We do not have the ability to remove an image hosted on another site. The image reported is hosted by Photobucket, and linked from that site to display in the LiveJournal entry you reported to us.

As we must disable access to the material in question upon receipt of a valid compliant of copyright infringement as specified by the Digital Millennium Copyright Act (DMCA), our only option is to disable access to the entire entry.

We contacted the other party upon disabling of access to the entry to inform them of the reason, and they have chosen to file a counter-notification, which we passed on to you.

We will pass on your message. However, if the poster does not wish to remove the image, you will either need to proceed with a lawsuit against them within 10 business days of the original receipt of the counter-notification, or contact the website hosting the image, Photobucket. Otherwise access to the post, and image, will be reinstated.

Regards,
LiveJournal Abuse Prevention Team

Comment (#7431578)
Posted Thu, 04 Jun 2015 18:07:16 GMT (1 day ago)

Please reinstate access to the post, and lift the suspension. I will work with Photobucket to get the copyright image removed, if it reappears on the webpage. My intention was never to suppress the speech, or viewpoint of the author. Thank you.

Kind regards,

Shannon McKeon
peacetravler22.livejournal.com

Answer (#7431582)
Posted Thu, 04 Jun 2015 18:11:51 GMT (1 day ago)

Thank you for responding back again.

Please confirm that you wish to withdraw your complaint of copyright infringement in this case.

Once we have your confirmation, we will restore access to the content.

Regards,
LiveJournal Abuse Prevention Team

Comment (#7431592)
Posted Thu, 04 Jun 2015 18:22:34 GMT (1 day ago)

Yes, please withdraw the current abuse complaint for copyright infringement at this time. I will pursue a difference course of legal action against Ms. Hiner through my attorney. Freedom of expression is extremely important to me, and the intention was never to suppress her opinion about me or the USA, only her overt misuse of my images for commercial promotion and advertisement of her business and piano software.

Nothing written herein, or in any communications regarding this abuse complaint, constitutes a waiver of rights in my copyrighted images. Moreover, I reserve the right to take legal action against Ms. Hiner in the future.

Kind regards,

Shannon McKeon


Answer (#7431610)
Posted Thu, 04 Jun 2015 18:29:50 GMT (1 day ago)

Thank you for your confirmation. We have restored access to the material in question.

Regards,
LiveJournal Abuse Prevention Team

Comments

( 132 comments — Leave a comment )
Page 1 of 3
<<[1] [2] [3] >>
j1980
Jun. 5th, 2015 04:09 pm (UTC)
какая прелесть эти ваши женские склоки )
peacetraveler22
Jun. 5th, 2015 04:11 pm (UTC)
It's not a female squabble. :) The same action would've been taken if it was a man who wrote the post and used my images to promote and advertise their products and services in comments for free.
nikolka22
Jun. 5th, 2015 04:09 pm (UTC)
гнобите ее, шеннон. авторские права нарушать негоже.

пы.сы. скажите, а вы уверены, что в момент создания вашего аккаунта не знали моего ника, существующего с 2008 года и кончающегося на 22?
peacetraveler22
Jun. 5th, 2015 04:13 pm (UTC)
Yes, your username contains a "22", so what? You also claim to be an intellectual property expert? Read about trademark law before you make such ignorant statements.
(no subject) - nikolka22 - Jun. 5th, 2015 04:15 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 04:16 pm (UTC) - Expand
(no subject) - nikolka22 - Jun. 5th, 2015 04:22 pm (UTC) - Expand
Wart hog cannot be bad! - xpo_xpo_xpo - Jun. 7th, 2015 12:57 am (UTC) - Expand
(no subject) - minerman61 - Jun. 5th, 2015 09:54 pm (UTC) - Expand
saccovanzetti
Jun. 5th, 2015 04:11 pm (UTC)
There is some kind of garbled formatting that does not allow the undercut to open correctly in friend feed.

On the substantive matter, I think it is a rare case when you should just let go of it and not allow your professional side get the best of your inner peace.
lenkaolenka
Jun. 5th, 2015 04:19 pm (UTC)
under penalty of perjury in a United States court of law

now please explain, how the word 'piglet' - поросенок - can be identified as

falsities and lies about me and my travel stories, which could have an adverse impact on my blogging reputation

we are all ears!
peacetraveler22
Jun. 5th, 2015 04:23 pm (UTC)
You are now banned from my journal. To communicate with you further, I have no patience or desire. All the best to you. I hope your life in the miserable USA gets better.
(no subject) - noddeat - Jun. 5th, 2015 06:13 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 07:34 pm (UTC) - Expand
(no subject) - asharky - Jun. 8th, 2015 12:38 am (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 8th, 2015 12:39 am (UTC) - Expand
wojzeh
Jun. 5th, 2015 04:34 pm (UTC)
It is very clear what you want; but I do not see any other point of hers but just to troll.

many people have the same problem with trolls, fewer show their attitude, few take any action. so, good luck!
peacetraveler22
Jun. 5th, 2015 04:39 pm (UTC)
I will not deal with her further. Her 15 minutes of fame on LJ are over. But she is seriously mentally ill. It's evident by reading the incoherent things she posts on her blog. But, thanks for the support. The problem was only that she used my photos to promote her products in the comments, not the fact that she said something negative about me (as I stated several times in the abuse complaint). She's written all kinds of crazy conspiracy theories about me, using other photos of mine. I did not object to those, because she can say about me whatever she wishes. Unfortunately, LJ can only suspend the entire entry or nothing else, because the photo is hosted on a third-party site (photobucket.com).
koluchkka
Jun. 5th, 2015 04:36 pm (UTC)
Мне кажется, уже можно забить на эту историю. Тетенька не в себе, судя по постам, те, кто хотели разобраться, уже разобрались.
peacetraveler22
Jun. 5th, 2015 04:42 pm (UTC)
Yes, you're right. But she continued to lie about the abuse complaint in her recent postings, so I published it here for those who want to see the truth. Of course, most are too lazy to read it and will simply believe what this crazy woman writes. :) It's okay! I will not bore readers with the saga further. It was necessary from a legal perspective to post the content of the abuse complaint here. Next week, more travel stories. :)) Have a nice weekend, Sabina!
(no subject) - koluchkka - Jun. 5th, 2015 05:03 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 05:16 pm (UTC) - Expand
(no subject) - koluchkka - Jun. 5th, 2015 05:33 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 05:41 pm (UTC) - Expand
(no subject) - notfop - Jun. 5th, 2015 06:53 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 06:55 pm (UTC) - Expand
(no subject) - notfop - Jun. 5th, 2015 06:57 pm (UTC) - Expand
pin_gwin
Jun. 5th, 2015 04:51 pm (UTC)
My conspiracy theory #2
Shannon, after reading her posts, I concluded, that her major goal always was promoting her piano teaching method whatever way possible.
Now - the plot. There is a post about the training she offers in St. Peterburg. In one of the posts she mentioned that she visited the city before. She is likely having some personal connections there. Now, connecting the dots. Two anti-you( you-SA) posts, both having some graphics and writing style and language, which is different from one she uses commonly. My theory is that her (American citizen!) blog was used by people, who is using everything for anti-american propaganda. In exchange, they promised her to get her to the top so she would having an opportunity to promote here software.
Now, who would be the blogger in St.Pit, having pretty similar style - a picture, sometimes pretty eye catching, a kind of unrelated intro, than sudden flip of the agenda?.... I can name one right away, but recently there was an info about a whole team of trolls, located there.

Now, even though I may have any views at foreign policy of modern day world powers, I hate when people are trying to reach the propaganda goals by violating somebody's rights and acting without personal respect.

Thanks for sharing the messages, I support this move, and I am sorry you have to pay you attention and wasting your personal time on that.
peacetraveler22
Jun. 5th, 2015 04:59 pm (UTC)
Re: My conspiracy theory #2
Yes, her objectives are very clear, to promote her software and teaching methods. To do so, she types anti-Western sentiments straight out of the Olgino manual to draw traffic and attention to the posts. She's an immigrant, apparently living a miserable life in Houston, Texas. She married two American men, all of it she sets forth in her blog. So many people sent me messages telling me horrible details about her, which I will not layout in this blog. And I believe that her and klava_17 are the same person.
Re: My conspiracy theory #2 - pin_gwin - Jun. 5th, 2015 05:08 pm (UTC) - Expand
Re: My conspiracy theory #2 - peacetraveler22 - Jun. 5th, 2015 05:17 pm (UTC) - Expand
Re: My conspiracy theory #2 - saccovanzetti - Jun. 5th, 2015 05:20 pm (UTC) - Expand
theodorexxx
Jun. 5th, 2015 05:08 pm (UTC)
tl;dr version:
- Abuse Team, please help me, please, SOS !
- Fuck off.
peacetraveler22
Jun. 5th, 2015 05:17 pm (UTC)
What?
(no subject) - forest1333 - Jun. 5th, 2015 05:28 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 07:35 pm (UTC) - Expand
(no subject) - theodorexxx - Jun. 5th, 2015 05:48 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 05:56 pm (UTC) - Expand
(no subject) - theodorexxx - Jun. 5th, 2015 06:11 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 06:16 pm (UTC) - Expand
(no subject) - theodorexxx - Jun. 5th, 2015 06:22 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 07:35 pm (UTC) - Expand
powermagic
Jun. 5th, 2015 05:22 pm (UTC)
Она попиарилась на вашем оригинальном для русских блоге. Сочувствую.
peacetraveler22
Jun. 5th, 2015 07:39 pm (UTC)
Thank you. Your sympathies are accepted and appreciated.
forest1333
Jun. 5th, 2015 05:26 pm (UTC)
Оh, my god, dear Shannon, of course you're right. But the theft is typically for russian internet. Unfortunately. But I don't think that your attempts to prove smth to smb will be successful. In Russia it is unreal. But I respect you for your position. Because eniquity must be punished.
peacetraveler22
Jun. 5th, 2015 07:40 pm (UTC)
Yes, but in this case we are both in the USA, subject to the jurisdiction of U.S. courts. So, there is more legal recourse available in a country where laws are actually respected and enforced.
(no subject) - forest1333 - Jun. 5th, 2015 10:37 pm (UTC) - Expand
(no subject) - peacetraveler22 - Jun. 5th, 2015 10:38 pm (UTC) - Expand
(no subject) - forest1333 - Jun. 5th, 2015 10:48 pm (UTC) - Expand
nkhaba
Jun. 5th, 2015 06:29 pm (UTC)
Shannon, she is a miserable human being and is not worth your time and energy, and also - not only she got her minutes of fame and attention on LJ, but in some way so did you, and I am sure quite a few people had a chance to compare your respectful and polite style with her madness and made their choice in your favor. So after all, you might have gotten a few new readers as the result of this story.
peacetraveler22
Jun. 5th, 2015 07:43 pm (UTC)
Thanks, yes you're right. The story and character of the people involved in this situation should be readily apparent by looking at each person's blog. But, unfortunately, some people don't have the ability to think, they are too eager to hate. In such cases, logic and reason are completely lost. :(
strawdragon
Jun. 5th, 2015 06:43 pm (UTC)
Shannon, you're way to generous.
You assume, by default, this person is normal respectful blogger and must have all rights. The problem is - she is not. Her existence, her mentality is to lie. For pleasure, for self respect, for business, for life.
You can't, let me repeat - cannot, give rights of free speech or free expression to people like her. Sorry, sounds racists, but not equal. Forget it.
peacetraveler22
Jun. 5th, 2015 07:44 pm (UTC)
Thanks for your support, it's really appreciated. This whole experience makes me question whether I should continue to write here honestly. I don't have the time or patience to deal with situations like this, if they continue to arise.
livejournal
Jun. 5th, 2015 06:57 pm (UTC)
Copyright Abuse Complaint on LiveJournal
User turtaniat referenced to your post from Copyright Abuse Complaint on LiveJournal saying: [...] . Интересно, чем все это кончится? Оригинал взят у в Copyright Abuse Complaint on LiveJournal [...]
notfop
Jun. 5th, 2015 07:00 pm (UTC)
I see, you become a popular person for russians trolls. Take care!
peacetraveler22
Jun. 5th, 2015 07:46 pm (UTC)
It's a tragedy. Btw, a reader sent me this really interesting investigative article published this week by the NY Times. It's fascinating, yet disgusting at the same time. I had no idea this Kremlin troll army was so large. :(( http://www.nytimes.com/2015/06/07/magazine/the-agency.html?fb_ref=Default
fossa_s
Jun. 5th, 2015 07:16 pm (UTC)
I think she's envy. I've seen her photos and I've red her posts, now I feel pity. She doesn't seem to be entirely normal.
peacetraveler22
Jun. 5th, 2015 07:47 pm (UTC)
She blames everyone else for her failures, the USA, other people, etc., rather than taking personal responsibility. The list is endless. I wonder why she continues to live in America if she's so miserable? I will never understand such people.
(no subject) - fossa_s - Jun. 5th, 2015 07:58 pm (UTC) - Expand
Page 1 of 3
<<[1] [2] [3] >>
( 132 comments — Leave a comment )

Tags

Powered by LiveJournal.com
Designed by yoksel