RE: Copyright Infringement
From: Sam Biser,
Sam Biser Press
January 28th, 2008
TOTAL HEALTH ASSOCIATES,
774-D S. Chesterfield Rd.,
Columbus, OH 43209-2683
Dear Mr. Harrelson,
I was reviewing my copyrighted book,'Curing with Cayenne,'
as part of a current publishing project. It then flashed
into my mind to check your website.
I was shocked. You have put back up on your website massive
amounts of copyrighted materials (from 'Curing with Cayenne'
and my other published works), which my attorneys instructed
you to remove -- and you did remove at our request -- but
have put back. You have also put up on your site huge
amounts of material taken word for word, such as stolen
audio tracks lifted from my copyrighted video and audio
Your disrespect and rampant copyright violations will no
longer be tolerated. I spent years developing these
materials, and I will not allow you to thieve them from me
and my customers.
Because of your repeated violations of my copyrights, you
are now in serious violation of the terms and conditions of
your web service provider (http://www.tripod.lycos.com/),
and if you do not remove my copyrighted materials from your
site, I will promptly move against you, to see that your web
account and website are disabled or terminated due to your
illegal actions. (See section 45: Violation of Terms and
Conditions from your web provider,
As your web provider policy states: "It is the policy of
Lycos, in appropriate circumstances, to disable and/or
terminate the accounts of users who engage in repeated
copyright infringement. Should you violate these Terms and
Conditions or any other rights of Lycos and the Lycos
Network, Lycos reserves the right to pursue any and all
legal and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any and
all of the Lycos Network web sites."
A simple review of your site by any internet service
provider would reveal the massive and repeated amount of
copyright theft which you currently engage in.
In addition, I need to advise you that your repeated
copyright infringements are a clear violation of your User
Agreement with Paypal, which you accept on your site as a
form of payment.
As the Paypal agreement states:
Restricted Activities. In connection with your use of our
website, your Account, or the Services, or in the course of
your interactions with PayPal, a User or a third party, you
Infringe PayPals or any third partys copyright, patent,
trademark, trade secret or other intellectual property
rights, or rights of publicity or privacy;"
Under 10, of Paypal's agreement, it states: Your Liability -
Actions We May Take.
"10.2 Actions by PayPal. If you engage in any Restricted
Activities, we may take various actions to protect PayPal,
eBay, a User, a third party, or you from Reversals,
Chargebacks, Claims, fees, fines, penalties and any other
liability. The actions we may take include but are not
limited to the following:
"We may close, suspend, or limit your access to your Account
or the Services (such as limiting access to any of your
Funding Sources, and your ability to send money, make
withdrawals, or remove financial Information);
"We may contact buyers who have purchased goods or services
from you, contact your bank or credit card issuer, and warn
other Users, law enforcement, or impacted third parties of
"We may update inaccurate Information you provided us;
"We may refuse to provide our Services to you in the future;
"We may hold your funds for up to 180 Days if reasonably
needed to protect against the risk of liability; and
"We may take legal action against you."
If you do not cease your copyright violations as set forth
below, I will immediately work with Paypal to have your
FURTHERMORE, as my attorney has advised me, under Federal
Copyright Law, you are also liable to me for statutory
damages from $30,000-$150,000 for each single copyright
infringement and for attorney feels and costs for your
violations of my copyrights.
Below are the web pages that must be removed immediately:
You must also remove your mention of the stolen Sam Biser
audio soudtracks from your web page located at:
http://healingtools.tripod.com/DS_pages.html#mp3 and at http://healingtools.tripod.com/HT_pages.html
Please provide me with an email acknowledging receipt of
this letter and that you will take the appropriate steps to
remove the webpages listed above within seven (7) days of
your receipt of this letter. If I do not hear from you
within this time period, I will presume that you do not
intend to comply with these demands and are not interested
in an amicable resolution of this matter.
Your failure to comply with the above will be regarded by me and my
attorneys, by your website provider (http://www.tripod.lycos.com/),
by Paypal, and by the Federal courts as clear, irrefutable evidence
of the willful, intentional nature of your repeated copyright
Sam Biser Press
105-A Lew Dewitt Blvd. #222
Waynesboro, VA 22980
cc: Jonathan A. Hyman, Esq.
Knobbe, Martens, Olson & Bear, LLP