Apple Mac Emails.

Email sent tolitigation@apple.com
18-05-05

To Who It May Concern,
I have recently received this following email from Mr Michael Will, who has requested that I shut my site down, which is on my Dot Mac account, please note that there is NO official anything on this email.
My web site clearly shows that I have caught this certain Government Department Falsifying Documents & withholding vital evidence from the Federal Courts, my site also shows that I am not the only person they have done this to.
Please also note that these threats of legal action, come from a person who says he represents the same Department that my site proves, illegal practices, & not from the Attorney Generals Department, who are the Legal representative for the Commonwealth.
Mr Will has also stated that I refused to shut down the site, I'm sorry, but I haven't,I clearly state in my reply to Mr Will, that I will close my site down when a Judge tells me to, not when this same Government Department that my site shows has lied withheld & falsified documents wants me to.
I have received the following anonymous email which says that you guys at APPLE have received a request to have my site shut down, could you please inform me of anything that you are Legally allowed to tell me concerning these request's. As these are serious Legal matters, I would appreciate any help you can provide me.
Thanx For Your Valuable Time

Jason Pickett

We have written to Mr Jason Pickett about the website, and also to Apple Inc. in Cupertino California. We understand that an Apple subsidiary hosts the website, and we have requested Apple to do what it can to remove the site as Mr Pickett has refused to do so himself.
It is of course up to you how you respond to Mr Pickett's approach to you. We would only comment that the content and tone of the material on the website speaks for itself.
Regards

Michael Will
Partner
Sparke Helmore
p: 02 6263 6349
m: 0414 453 721
f: 02 6248 7522
www.sparke.com.au

Email recieved
18-05-05
Dear Jason,

We have received a Notice of Infringement concerning the content on your account. Therefore, we have removed the alleged infringing material from your account, and from public access, and are notifying you of such removal in compliance with the Digital Millennium Copyright Act 17 U.S.C. Section 512.

If you feel that actions taken against your account are in error, you may serve a counter notification that complies with the requirements set forth in section 512(g)(3) of the Digital Millennium Copyright Act.

Sincerely,
Sue Runfola Carroll
Copyright Agent
Apple Computer, Inc.
copyrightagent@apple.com
408.974.9994 (office)
408.253.0186 (fax)

Email sent
18-05-05

Dear Sue,
As they say that the Logo is in breach of copyright, Why is my whole Site being shut down. I am willing to remove the logo, but the rest of the content is LEGALLY mine, Why was I not asked?
As you can see, my site shows what this government department has done & you are listening to them & not the Attorney Generals Department who are the Legal Representative for the Commonwealth.

Jason
A very CHEESED OFF apple mac customer

Email sent
18-05-05

Dear Sue,
As I'm here in Australia, I thought I should bring these matters to your attention, "fair use", as you would know, my symbol is nothing like theirs & the content on my site was content given to me, under freedom of information, by the same department that requested you to close my site.
They had made a mistake & gave me files that I wasn't suppose to see, files that PROVE they had lied, falsified & withheld from the Federal Courts, my site also showed that I was not the only person this Department had done this to.
You will also noticed that I received an email from a Mr Michael Will, requesting I close the site down, which has NO OFFICIAL anything on it, just his name & email address.
You'll also notice, I invited Mr Will to take Legal Action & take me to court, so that these illegal & unconstitutional practices can be brought to the Federal Courts notice.
Why has my whole iDisk completely wiped, as I had other sites & files on their which had nothing to do with the site in question?
I was not consulted by Apple, I have sent Apple numerous emails & nobody has got back to me until today to tell me "the alleged infringing material has been removed", The fact is you's have wiped my whole iDisk, WHY?
As these are serious matters, a prompt reply is requested.
Thanx For Your Time

Jason Pickett
Concerned Australian Citizen
& APPLE MAC Customer

Email recieved
19-05-05

Dear Jason,
Apple received a legal notice and followed appropriate steps in order to comply with the DMCA. As mentioned in the notice we sent to you, if you feel that actions taken against your account are in error, Apple needs to receive a counter notification from you that complies with with the requirements set forth in section 512(g)(3) of the Digital Millennium Copyright Act.

Thank you, Jason. Hopefully this matter can be resolved very soon as we value and appreciate our Apple customers.
Sincerely,
Sue
*********************

Sue Runfola Carroll
Copyright Agent
Apple Computer, Inc.

Email sent
19-05-05

Dear Sue,
I now have the site in question posted at - www.centreflunk.com - You will see my site has not changed since you closed it down.
I also should mention that I have plenty more documents to prove my case against Centrelink, The Government Agency.
Also, the girl who is mentioned as the other "identical case" who they done the same to, has been back to court, & the result was, the Judge found in her favour & SLAMMED Centrelink for their actions.
I was so irate when I heard, I came up with that site. I tried all other avenues & got nowhere.
Now I've got people who want to know what is happening, what should I tell them??
I need to hear from you guy's before I say anything.
Thanx for your time Sue
Jason Pickett

Email recieved
20-05-05

Dear Jason,
I have received an update from the US and they have instructed me that they have only moved the web site front page (currently in copyright dispute) into a non public folder. They have also instructed that this is all they have done and no other data on your iDisk has been touched.

Kane Massey
Customer Relations
 Apple Computer Australia Pty Ltd
16 Rodborough Road
Frenchs Forest NSW 2086
Phone: 133-622 option 9
Fax: 02-9641-8204:

Email sent
12-06-05

To Whom It May Concern,
I wonder why Apple Mac USA & Apple Mac Australia, will not return emails & phone calls ??? www.centreflunk.com has been updated with new headlines.

APPLE MAC STOLE CENTREFLUNKS ORIGINAL FRONT PAGE
APPLE MAC WILL NOT RETURN EMAILS OR PHONE CALLS
APPLE MAC ARE CYBER THIEVES

Where is my front page that belongs to me, & why was my WHOLE iDisk moved resulting in my other site being shut down & also my file sharing page is no longer there, why???
I would suggest that someone from Apple get in touch with me if they would like me to remove any content from my site concerning Apple Mac.

Jason Pickett
PISSED OFF APPLE MAC CUSTOMER

Email recieved
12-06-05

Dear Jason,

Thank you for contacting Apple's Copyright Agent. We will investigate and take appropriate action. For further information, please review Apple's Legal Information & Notices/Claims of Copyright Infringement at:
http://www.apple.com/legal/trademark/claimsofcopyright.html

Email sent
19-06-05

Please explain.
Apple Mac received a request from Centrelink, to shut down my site, Apple did so accordingly, stating the DMCA.
WHY were my other sites closed down by Apple Mac. Centrelink DID NOT request those sites be closed, they only wanted the one page in copyright dispute, So WHY did you close my other 2 sites???
You's have refused to answer any of my emails, & this will NOT be the LAST 1 I send.

Jason Pickett
Apple Mac Customer

Email recieved
19-06-05

Dear Jason,
Thank you for contacting Apple's Copyright Agent. We will investigate and take appropriate action. For further information, please review Apple's Legal Information & Notices/Claims of Copyright Infringement at:
http://www.apple.com/legal/trademark/claimsofcopyright.html

Email sent
22-06-05

Myself & Markmonitor.com had brought my web page to APPLES notice prior to Centrelink, I believe APPLE had a level of knowledge of the infringing material.

Limitation for Information Residing on Systems or Networks at the Direction of Users Section 512(c) limits the liability of service providers for infringing material on websites (or other information repositories) hosted on their systems.
It applies to storage at the direction of a user. In order to be eligible for the limitation, the following conditions must be met:
The provider must not have the requisite level of knowledge of the infringing activity.
The provider must not have the requisite level of knowledge that the material is infringing.
The knowledge standard is the same as under the limitation for information residing on systems or networks.
Under the knowledge standard, a service provider is eligible for the limitation on liability only if it does not have actual knowledge of the infringement, is not aware of facts or circumstances from which infringing activity is apparent, or upon gaining such knowledge or awareness, responds expeditiously to take the material down or block access to it.

Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys' fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider. (Section 512(f)).

Email sent
23-06-05

Dear Sue,
You should also be aware of what else Centrelink are up to, I know they lied to Apple Mac, they have lied in Federal Courts & now this very same department are trying their Censorship on other site owners, here in Australia, to no avail!
Please also be aware, there are only threats of legal action on my site & the people named on my site are "Public Servants" who banned me from Centrelink, a "Public Department" using the "Public Order (protection of premises & persons) Act, 1971" Therefore, they are Public People in a Public Place, freely found in "Public Government Directories", & the public have the right to know.
Also note that images are still posted on site email refers to, & my site is still up & running, with no request to from either Mr M Will or Centrelink who are aware of site.
www.centreflunk.com

Email sent
23-06-05

Dear Sue

Counter Notification 512(g)(3) of the Digital Millennium Copyright Act.

Jason Brett Pickett
162 Gloucester Rd,
Hurstville, NSW
2220.
Australia
admin@centreflunk.com

http://homepage.mac.com/jasonpickett/centreflunk1.html
http://homepage.mac.com/jasonpickett/cyber_index.html
http://homepage.mac.com/jasonpickett/anja/FileSharing28.html
http://homepage.mac.com/jasonpickett/flunk/FileSharing31.html

I, Jason Brett Pickett, believe my sites were wrongfully shut down by Apple Mac after they were informed by Centrelink's hired law firm, that I had refused to close down one of my sites (/centreflunk1.html) & that the content of that site was false.
The content on the site was content obtained by myself under "Freedom of Information" & as I am a client of Centrelink, I believe if I was to use their logo, I would have every right to use their logo under Australian Copyright law & maybe US, under the "right to criticise" & "reporting of events".
When a Government Department falsifies documents & presents these documents as evidence in courts, I believe that would fall under "reporting of events" & as a client of Centrelinks, I believe I have the right to criticise Centrelinks illegal & unconstitutional practices.
However, my logo was not Centrelink's logo, as pointed out to Mr M Will, my logo uses a different color & font style, & Mr M Will also stated that I was using the "Centrelink" name in my logo, this also was not true, as my logo uses the word "Centreflunk" not "Centrelink".
I received a request to close my site from a Mr M Will, who claimed he represented Centrelink.
His request contained no official anything on it, only his name & email address. The request contained somebody else's residential address that was in another state of Australia, for which I have never lived at & I was also told in the request that my site was hosted by markmonitor.com who had been contacted concerning the site in question, for which I was under the belief it was hosted by Apple Mac, I sent the request to markmonitor.com who informed me they had not received any request & would pass my concerns onto Apple Mac.
I was further informed by markmonitor.com that Apple Mac will contact Mr M Will to find out what the issue was.
I, also responded to Mr M Will, requesting he take Legal action for these issues', therefore, I believe I did not refuse to close down my site, I also requested that his request should not come from this very same department that my site showed had lied, falsified & withheld vital documents in several court cases instigated by Centrelink, but from a Judge.
With so many flaws in the request, & on advice from several other Federal Government Department Agencies, I requested Mr. M Will to send his request to me on hard copy with an official address at least, todate, I have not received an official request from Centrelink or Mr M Will, to close down my site or remove any infringing material which is now at www.centreflunk.com.
I received a notification from Apple Mac, that they had removed the alleged infringing material from my account, and from public access.
Then I was informed by Apple Mac that they did not remove the alleged infringing material from my account, they only moved it from public access.
Apple Mac moved my complete Sites folder on my iDisk to a non-public folder resulting in three(3) other sites being closed down & Apple Mac have removed the complete front page of site in question from my iDisk.
As Mr M Will said in his request that I was in breach of copyright over use of their logo & Apple Mac have stated the content of the site was reason for closure, I am unsure if the site was closed down because of the content or closed down because of claims of use of Centrelinks logo.

I,  Jason Brett Pickett, of 162 Gloucester Rd, Hurstville NSW. 2220 Australia, 0403 416 920, consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Jason Brett Pickett
162 Gloucester Rd,
Hurstville, NSW
2220.
Australia
admin@centreflunk.com

Email sent
24-06-05

Sue Runfola Carroll
Copyright Agent
Apple Computer, Inc.

Limitation for Transitory Communications :
The material must be transmitted with no modification to its content.

My iDisk with several sites, was transmitted with modifications to it's content.

Limitation for System Caching
Section 512(b) limits the liability of service providers for the practice of retaining copies, for a limited time, of material that has been made available online by a person other than the provider, and then transmitted to a subscriber at his or her direction. The service provider retains the material so that subsequent requests for the same material can be fulfilled by transmitting the retained copy, rather than retrieving the material from the original source on the network.
The benefit of this practice is that it reduces the service provider's bandwidth requirements and reduces the waiting time on subsequent requests for the same information.
On the other hand, it can result in the delivery of outdated information to subscribers and can deprive website operators of accurate "hit" information - information about the number of requests for particular material on a website - from which advertising revenue is frequently calculated.
For this reason, the person making the material available online may establish rules about updating it, and may utilize technological means to track the number of "hits."

The limitation applies to acts of intermediate and temporary storage, when carried out through an automatic technical process for the purpose of making the material available to subscribers who subsequently request it. It is subject to the following conditions:
The provider must not interfere with technology that returns "hit" information to the person who posted the material, where such technology meets certain requirements.

I had counters on all pages so I'm hoping you guys are keeping track of hits, & I can no longer update any of my pages, as they have all been moved from there original position.

Limitation for Information Residing on Systems or Networks at the Direction of Users Section 512(c) limits the liability of service providers for infringing material on websites (or other information repositories) hosted on their systems.
It applies to storage at the direction of a user. In order to be eligible for the limitation, the following conditions must be met:
The provider must not have the requisite level of knowledge of the infringing activity, as described below.

Both myself & markmonitor.com contacted Apple Mac prior to Centrelink, therefore, Apple Mac had prior knowledge of the infringing activity

Under the knowledge standard, a service provider is eligible for the limitation on liability only if it does not have actual knowledge of the infringement, is not aware of facts or circumstances from which infringing activity is apparent, or upon gaining such knowledge or awareness, responds expeditiously to take the material down or block access to it.

Sorry, Again, Apple Mac were aware of facts & circumstances prior to notification from Mr M Will, as myself & markmonitor.com had contacted Apple Mac concerning Mr M Will's request for removal of site.

Penalties are provided for knowing material misrepresentations in either a notice or a counter notice.
Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentifi- cation, is liable for any resulting damages (including costs and attorneys' fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider. (Section 512(f)).

These 3 three sites were closed down by Apple Mac for no reason at all, & being here in Australia, having been told by Apple Australia that "it has nothing to do with them, take it up with Apple US" & "I'm breaching American Copyright," do I have to come over to the USA at a cost of $XXXX.00 & hire an Attorney at a cost $XXXXX.00, in US$?

http://homepage.mac.com/jasonpickett/cyber_index.html
http://homepage.mac.com/jasonpickett/anja/FileSharing28.html
http://homepage.mac.com/jasonpickett/flunk/FileSharing31.html

I am willing to settle these events before it comes to this, it is entirely up to Apple USA. I have a site ready to go, with no reference to Apple Mac what so ever.
I have clearly been "done over" by Centrelink, & they have used Apple Mac to try to shut my site which "clearly" shows what this certain Australian Government Department do to their own citizens.
My site has been up & running, 1 hour after it was closed down by Apple Mac US on the 18th 0f May, 2005, still with no official notice or request from Mr M Will or Centrelink to remove any content.
I have sent numerous request's to both Mr M Will & Centrelink to send me "anything".
I have also requested to both MR M Will & Centrelink's CEO & Board, to take me to court so that these matters can finally get the justice they deserve as this time around, I have most of the missing forms that were kept from the courts & I also have a "falsified" document, that was also handed to the courts.
I have not refused to shut down my site. From day 1, I have stated to both Mr M Will & Centrelink, that I will close my site when a Judge or The Attorney General (Australian Legal Representative for The Commonwealth) tells me to, not when this "very same" department want me to!
I am willing to close down that site when ever someone "official" tells me to.
I received a request from a "Mr. M Will" with "no official" anything on his email, & as I said to Mr. M Will, "Do you know how many M Will's I know?"
You gave me a "DMCA" notice, & being here in Australia, I had no idea WHAT & or WHERE was the DMCA?
You said to reply with a counter notice, I'm here in Aust fighting Centrelink & you's laid this "Foreign" DMCA on me.
I already had enough on my plate to deal with!
All I was doing was bringing to people's attention of what Centrelink have done & not only to me. The content on the site was content given to me by Centrelink, under "Freedom of Information". They made a mistake & gave me files I wasn't meant to have or see, files that clear my name & PROVE what this department do.
Mr M Will even stated "the content on the site is false content", which is EXACTLY what I am trying to point out to people, the fact that, the content given to me by Centrelink, under FoI, is false. False content that Centrelink have on me, in my file.

Jason Pickett

Email sent
23/08/05

Dear Sue,
I served a counter notice that complies with the requirements set forth in section 512(g)(3) of the Digital Millennium Copyright Act, it also "states" that I should receive a reply within 14 to 16 business days, It has been over a month & a half, WHAT IS GOING ON!,
Do I have to go to Apple Australia, camp outside their front door with banners, drag the Media along & put you guy's @ Apple on the spot.
I am dealing with this Government Department. Do you guy's @ Apple really want to be dragged into something that you should've never been involved with in the 1st place.
if I hear nothing from Apple USA, I'll be left with no choice,
Please reply with something,

Jason Pickett
Very Pissed Off Apple Customer.

Email recieved
24-08-05

Dear Jason,
To date, we do not have a record of having received a counter notification from you that complies with the requirements set forth in section 512(g)(3) of the Digital Millennium Copyright Act.
Will you please kindly re-send it to us? If you wish to discuss this matter, please feel free to call me directly at (408) 974-9994.
Thank you.

Sincerely,
Sue Runfola Carroll
Copyright Agent
Apple Computer, Inc.
copyrightagent@apple.com
408.974.9994 (office)
408.253.0186 (fax)