| Dear MediaFire User:
MediaFire has received notification under the provisions of the Digital Millennium Copyright Act ("DMCA") that your usage of a file is allegedly infringing on the file creator's copyright protection. The file named EB_Laudon_ph16_MIS14GE_wm.pdf is identified by the key (y8zk0elh7ytzxah). As a result of this notice, pursuant to Section 512(c)(1)(C) of the DMCA, we have suspended access to the file. The reason for suspension was: Without Prejudice Date: 10.05.2016
To,
MEDIAFIRE
Attn: Copyright
Re: Pull Down Notification for the Literary Works Published by Pearson India Education Services Private Limited
Dear Karen,
This is further to your email below and the following is a complete DMCA takedown notice with all the relevant undertakings.
We write on behalf of and upon instructions from our client, Pearson India Education Services Private Limited [hereinafter referred to as 'Pearson India'] having its registered office at Fourth Floor, Software Block, Elnet Software City, TS-140, Block 2 & 9, Rajiv Gandhi Salai, Taramani Chennai, Tamil Nadu – 600113 who have authorized and instructed us to notify the following and call upon you to comply as hereunder.
As is well known, Pearson India specializes in the publication of academic and reference books in the fields of computer science, engineering, business & management, professional & trade, higher education and competitive examination preparation books. Pearson India is also India's foremost publisher in the school segment (K-12), with book lists in English language teaching (ELT), the humanities, sciences and mathematics, from primary to senior secondary classes. Undoubtedly, the titles published by Pearson in India are very popular and commonly referred to and recommended by students, teachers and schools alike across the globe. Pearson India also has an online store accessible at http://in.mypearsonstore.com/ (http://in.mypearsonstore.com/) wherefrom the titles published by Pearson India can be ordered online. Apart from publishing books, Pearson India is also well-known for the several schools and tutorials run under its aegis and hence have created a very popular and distinctive reputation for itself in the education industry in the country.
Further, internationally as well, Pearson Education Inc. is also renowned as world's one of the leading learning company, world's biggest education company and provider of educational materials, technologies, assessments and related services. Pearson Education has earned for itself the reputation of being one of the most recognized and reliable businesses in the fields of higher and professional education, consumer publishing and business news and information.
Pearson Education is also the owner of leading educational imprints / brands including inter alia Addison–Wesley, Prentice Hall, Pearson Education, Dorling Kindersley, BBC Active, Bug Club, e-College, Fronter, Longman, MyEnglishLab, Penguin Readers, Poptropica and Financial Times Press. With a workforce of over 37,000 in more than 70 countries, Pearson Group caters to over 130 Million students worldwide. Undoubtedly, titles published by Pearson group under the aforesaid imprints / brands are most popular and commonly referred and recommended by the students, teachers and schools, worldwide.
Till date, Pearson India has published over hundreds of titles of various renowned authors. Pearson India specifically publishes and circulates reprints or Indian reprints of several internationally well-known titles published by Pearson Education. As is also well known, the titles published by our client are extremely popular amongst the students and in trade alike and hence to maintain the quality of the content and the prints, our client makes enormous investments in terms of money, skill, labour and intellect. Further, our client has invested and continues to invest heavily in publication, reproduction, circulation and promotion of its copyrighted works with a view to ensure availability of its titles across the country. Pearson India is also the exclusive licensee for the Indian territory for several works published under Pearson Imprints internationally.
Recently, our client learnt that one of these works, the copyright in which vests with our Client by virtue of the exclusive license, has been unauthorizedly and illegally uploaded and made available for download for the general public at large on the internet through your online content sharing platform "Media Fire" which is accessible at www.mediafire.com.
Details our client's copyrighted work along with the location of the internet where the infringing copies of the same are uploaded and available are provided hereinbelow for your ease of reference:
1. Kenneth C. Laudon & Jane P. Laudon, Management Information Systems – Managing the Digital Firm, (14th ed.), available at http://www.mediafire.com/download/y8zk0elh7ytzxah/EB_Laudon_ph16_MIS14GE_wm.pdf (http://www.mediafire.com/download/y8zk0elh7ytzxah/EB_Laudon_ph16_MIS14GE_wm.pdf) ;
We state that our client alone, by virtue of being the exclusive licensee of the literary work is vested with the exclusive rights to reproduce the work in any medium including electronic mode, issue copies of the above mentioned work to public and communicate the work to the public, inter alia. We further state that our Client has not authorized or permitted your Institution to upload the above mentioned copyrighted work for use or download. Therefore, the aforesaid storing, reproduction and communication to public of our client's literary work without our client's authorization or permission amounts to blatant infringement of our client's exclusive right to publish its work in any medium and mode and has resulted in immense harm, injury and damage to our client.
Kindly note that the above mentioned reproduction and storing of our clients' work in any electronic format including e-books or by any other electronic means without any authorization and or permission from our clients violates our clients' various Intellectual Property Rights inter alia:
i. Infringement of our clients' right in the above mentioned literary works;
ii. Infringement of our clients' copyrights in the above mentioned literary works including unauthorized reproduction in the form of e-books;
iii. Infringement of our clients' exclusive right to issue copies of the work to the public.
Our client is vigilant of any violation of its intellectual property rights and has zealously initiated necessary criminal and civil actions in the past against the parties violating/infringing its' rights in several jurisdictions. We also understand from your copyright policy that MediaFire complies with the Digital Millennium Copyright Act (DMCA 17 U.S.C. § 512) and promptly suspends Content from access when properly notified.
In view of the same, our clients wish to grant you one opportunity and call upon you to forthwith acknowledge the receipt of this notice and comply as follows:
a) Immediately remove and disable access to, under intimation to us, all and every infringing content and any links to the same available on your website www.mediafire.com including our client's titles as listed above, inter alia;
b) Destroy and / or delete all infringing copies of the said work, including e-copies and physical copies, stored in any form or medium, including servers, drives, cloud, online archives and storage spaces, inter alia;
c) Display a copyright notice that the said work has been removed on account of copyright infringements;
d) Instruct all concerned intermediaries/members of your website to immediately refrain from circulating the above infringing works on the website www.mediafire.com; and
e) Acknowledge the receipt of this email and in return email confirm your compliance with regard to the above.
We hereby also state that we have a good faith belief that use of the said work in the manner complained of above has not been authorized by our client, the exclusive licensee or the copyright owner, its agents, or the law.
We further state that the above information in the notification is accurate, and under penalty of perjury, that we are authorized to act on behalf of the owner of an exclusive right that is being infringed is accurate as discussed above.
We look forward to hearing from you. Kindly do not hesitate to let us know should you require any further information in this regard.
Thanks and Regards
Sarita Rout | Associate | Clasis Law
T: +91 11 4213 0000 | F: +91 11 4213 0099
Dr Gopal Das Bhawan, 14th Floor, 28, Barakhamba Road, New Delhi - 110 001
www.clasislaw.com (http://www.clasislaw.com/)
Other offices: Mumbai | London
Legal Notice: This email and any attachments are confidential and may also be legally privileged. If you have received this communication in error, please notify the sender immediately, delete the email and destroy any copies of it Information about the party that filed the report: Company Name: Bloomsbury Publishing Plc
Contact Address:
Contact Name: Sarita Rout
Contact Phone:
Contact Email: sarita.rout@clasislaw.com
Copyright infringement violates MediaFire's Terms of Service. MediaFire accounts that experience multiple incidents of alleged copyright infringement without viable counterclaims may be terminated. If you feel this suspension was in error, please submit a counterclaim by following the process below. Step 1. Click on the following link to open the counterclaim webpage. http://www.mediafire.com/myaccount/suspension_claim.php? u=24a7070f32380b793ffb8c9b08ebb2e8e850bcca8770bb96 Step 2. Use this PIN on the counterclaim webpage to begin the process: 2ce4 Step 3. Fill in the fields on the counterclaim form with as much detail as possible.
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