Dear Mr. (Name of Distributor): This firm represents John A. Kraft, the author and copyright holder of the above-referenced book entitle, "The Joy of Revenge or 50 Ways to Get Back at the Bastards", which was originally published in 1994 by Mr. Kraft, doing business as WordKraft Press. This letter is in furtherance to the numerous emails which have been sent to you by Mr. Kraft, including but not limited to those emails dated Februry 18, February 23, and March 5, 2000. Please be advised that the offer to settle this matter proposed by Mr. Kraft in the above-mentioned emails is hereby unequivocably withdrawn. Further, please be advised that under U.S. Copyright Law, your intentional infringement of Mr. Kraft's copyrighted work may give rise to an award of stautory damages in the amount of One Hundred Thousand Dollars ($100,000) per infringement. The act that you openly admit that the "pamphlet" owned and controlled by Mr. Kraft was "purchased from a friend that used to work at Kinko's", together withother unauthorized materials, and that you thereupon commenced the reproduction and distribution of this copyrighted work is beyond belief. Equally amazing, is your failure to readily accept Mr. Kraft's extremely generous offer to settle this matter. Your continued failure to maintain any good faith communication regarding this matter with my client has caused him distress, and also the increasing concern that you may be continuing to manufacture and distribute infringing copies of his book. In light of the foregoing, I must hereby demand on behalf of my client, that you immediately do the following: 1. You shall immediately cease and desist from the sale and distribution of any and all copies of "Joy of Revenge", and shall withdraw from the marketplace any and all copies which have been heretofore made available at retail, wholesale, on line, or otherwise, and shall provide us with written verification of your having effectively done so. 2. You shall provide us with a compete and accurate accounting of any and all sales, or other exploitations of "Joy of Revenge" indicating in detail the number of units sold, the purchaser of each order, amount paid, date of said transaction, and a phone number or address by which each recipient can be identified and contacted. 3. You shall post an apology/retraction on your website in a location where the information regarding "Joy of Revenge" was previously posted, notifying the reader that (Name of Distributor) no longer manufactures and distributes "Joy of Revenge", and that anyone interested should be directed via an internet hyperlink with the following URL: http://wordkraft.com. 4. Lastly, and most importantly, we hereby request that you promptly contact this office to discuss this matter in detail, and to negotiate a fair and equitable settlement regarding Mr. Kraft's compensation for your egregious, multiple copyright infringement. In this regard, please direct any and all communications regarding this matter exclusively to my attention. This letter is without waiver or prejudice of any and all rights and remedies at law or in equity, all of which such rights and remedies are hereby expressly reserved. Thank you very much for your immediate attention to this matter. I look forward to hearing from you. Yours very truly, Barry Simons Simons & Stein |
Simons & Stein Attorneys At Law May 3, 2000 Re: The Joy of Revenge" By J.A. Kraft |
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