I know full well the pain of being viewed as only one of the unwashed masses, the hoi poii, one to be trampled upon as a recipient of a complaint by the ARDC when I am only trying to blog about all of you and how you have suffered from the “powers that be”–helpless when the GAL’s position is rubber stamped by the court–seniors and the disabled thrown into nursing homes, bank accounts and paid for homes depleted by GAL fees, Guardian and Guardian atty fees, –you name it, they charge mercilessly for it and you complain like a tree falling in the desolate forest without a person for miles.
So, if you can’t fight the truth and get some respite for grandma and grandpa, like Al Capone was put into club fed med for tax evasion, let’s go for plan B, copyright infringement.
See below and I’ll let you know how Mr. Larkin responds.
DENISON & ASSOCS, PC.
FEDERAL LITIGATION, PATENTS, TRADEMARKS AND COPYRIGHTS
1512 N FREMONT ST, #202 PHONE 312-553-1300
CHICAGO, IL 60642 FAX 312-553-1307
JoAnne M. Denison✬ www.DenisonLaw.com
JoAnne Cell Phone 773-255-7608 Efax 312-376-8842
JoAnne@DenisonLaw.com Yusuf Naqvi*, Of Counsel, YusufNaqvi@DenisonLaw.com
✬–Admitted IL, NC (Inactive) & US Patent Bar *–Admitted IL Bar
Atty. Jerome Larkin
One Prudential Plaza
Chicago, IL 60601 via telefax 312-565-2320
RE: Demand to Cease and Desist from Copyright Infringement of Material Posted at Www.marygsykes.com which is copyright protected under US Law and the Berne Convention–an International copyright treaty
Dear Mr. Larkin
Without waiving my right to be represented by Mr. Ditkowsky in other manners instant to the complaint posted at http://www.iardc.org/13PR0001CM.html on the internet, I must demand you delete my copyrightable material posted on your website.
Please be advised that your recent posting is of a Complaint that incorporates creative materials I have authored on your website is in violation of 17 USC § 500 et . Seq. And thereby constitutes illegal and wrongful use of my copyrightable material.
I have already made application for a copyright, promptly after being informed that no less than 16 paragraphs of my propriety and protectable writings have been embodied in your Complaint without my authorization or the authorization of other authors providing me a limited license to utilize their materials in accordance with the general goals and noted provisions of my website.
I have not given you, Attorney Cynthia Farenga, Attorney Adam Stern or the Illinois ARDC (or anyone else) the right to copy, publicly display, perform, publish, make derivative or adaptive works or otherwise disseminate any of my intellectual property (“Subject Works”) for the purposes: 1) of causing harm and ill repute to probate court victims, who take their injuries seriously; 2) grievances to the ARDC; 3) any use which would constitute “commercial use” or “publication” under U.S. copyright law. Demand is made that you instantly cease and desist using the same material and remove it from your websites and other publications.
You may paraphrase the Subject Works, you may link to my website at http://www.marygsykes.com or you may say “COPYRIGHTED MATERIAL OMITTED” but you cannot publish it and slavishly copy it on your website because 1) it does in fact cause further grief to probate court victims; and 2) your agency is likely to engage in the sale or licensing of this material for profit, taking it out of the realm of “unpublished works” which are afforded different protections than “published works”. I do not waive or otherwise limit any right that I have in making this demand to you and I reserve my full and complete rights in and to my said intellectual property.
17 USC § 501 (a) provides:
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A (a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A (a). As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.
I hope that you will henceforth respect my intellectual property rights as well as I will respect yours. I would never take your proprietary creative writings and re-publish them on my blog without your express permission. I will never copy and republish anything of yours from any ARDC blog which is creative in nature. Pleadings and form business letter responses are not copyrightable nor protectable. But, your creative and original expressions of thought, opinion and sentiment are and I will not repost or republish without permission.
I thank you in advance for you promptly removing my proprietary and copyrighted works from your website.
Very Truly Yours,
/JoAnne M Denison/esign
DENISON & ASSOCS, PC.
Cc: Atty Ken Ditkowsky