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Sending out incriminating and fraudulent DMCA notices

The following is a transcription of the original blog post that eventually led to the inspiration for this site and the collective information on Andre Leite Alves and his “company” called Aware Bear Computers (repair, recyling, etc. in Rochester NY). Mr. Didak polished the original blog post for this site because he does not wish to riddle his own blog with the huge number of discoveries about Aware Bear computers.

This is getting to be prime time entertainment if you ask me. For those of you that have read a previous post of mine on the theft and infringement on my copyrighted material committed by Andre Leite Alves (operating a business under the name Aware Bear in Rochester, New York), there is a new development that I would love to share with you all.

Andre Alves has attempted to misuse (abuse) the DMCA in order to get my story of his fraudulent actions removed from the internet. His attempt at doing this he, under the “company” name of Aware Bear Computers, sent a DMCA complaint and take-down notice to the domain registrar where stefandidak.com, my domain, is registered.

This again shows that Andre Leite Alves has no clue about the law or the internet and had no legal assistance in the process of writing that DMCA complaint (the plethora of errors and missing words in there is very similar to his hasted reply after I first confronted him with a demand he immediately stops using my material for his personal gains and business activities and the style of writing is also similar to the fake reviews he posts about his “business” on various of his online advertisements). It is starting to be clear that Andre Leite Alves is an amateur in every respect.

Andre Leite Alves of Aware Bear Computers pasting himself into the office of Stefan Didak

Andre Leite Alves of Aware Bear Computers pasting himself into the office of Stefan Didak

What Andre Alves also hadn’t realized is that I have dealt with DMCA situations in the past and am even on record in a policy report by the Brennan Center for Justice of the NYU School of Law, regarding a very similar case with a professional con-artist I had exposed. That con-artist also attempted to abuse the DMCA for what it was never intended for as you can read in the report.

I believe that Andre Alves of Aware Bear Computers is not at all happy with me showing the derivative work he illegally and without authorization created from my copyrighted work. And again it is evident that Alves has no legal assistance because they would have informed him that it was his mistake that caused the circulation and that now it allows me to use it under the fair use clause of the copyright act. Of course, we all know that Andre Alves doesn’t care about the image and copyrights, if he cared about copyrights he would not have done what he did and would not have spent the past days removing OTHER material from his site and replacing it with generic images instead. All Andre Alves cares about is not getting exposed. Well, Mr. Alves, it’s a little too darn late for that.

Notice how Andre Alves also commits perjury in his DMCA complaint by stating that my website is operated an on anonymous basis. Funny he can find the contact details of the domain host but not my contact details that are right there alongside it. Contact details he already had in the first place as is already on record from our previous communications. Again, it shows typical low-life behavior of a petty amateur because he believed he could get away with filing a DMCA that way.

What Andre Alves should do, if he feels strongly about copyright infringement and believes that the fair use clause does not apply, is file suit against me and leave it up to the courts (he already knows where to find me to file suit and even if he didn’t it doesn’t take a rocket scientist to figure it out with a simple lookup). I would welcome him trying that. For one, if he makes a personal appearance in court (very unlikely since he’s running and hiding from being served with my case that’s now hanging as a thundercloud above his head) we can serve him easily.

Notice how he failed to provide a valid address on the DMCA (a requirement) 🙂

For your enjoyment and education I present to you the DMCA complaint as it was sent to the domain registrar. Needless to say, all the errors and mistakes are verbatim and by Andre Alves. I wonder if he will attempt to claim copyright on his DMCA complaint too! 🙂

Andre Leite Alves
Rochester, NY 14618
(585)473-7035
(585)473-7035 FAX
November 12, 2008

“Take Down Notice” Under the Digital Millennium Copyright Act 17 USC ? 512
[name of domain registrar]

Dear Sir or Ma’am:

This letter is formal notice to you under the Digital Millennium Copyright Act (DMCA), 17 USC ? 512. that you are maintaining materials on your servers that infringe on the copyrights of my personal work. Accordingly, we hereby request that you take down or remove this infringing content from your servers.

1. Identity Of The Copyrighted Work That Has Been Infringed. My own the copyright personal photograph, which have appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public. Below are just a few examples of the items of content that have been copied and pasted into this website.

2. Identity of the Material That Is Infringing My Copyrighted Work. The website StefanDidak.com currently contains pages infringing content. The search queries, and the search results containing web pages that infringe on my own rights, are attached as Exhibit B. We can provide a digital copy of this Exhibit B if it would be helpful to you.

3. Contact Information for Andre Leite Alves. Please send all correspondence on this matter to:

Andre Leite Alves
Rochester, NY 14618
(585) 473-7035
(585) 473-7035 Fax
solutions@awarebear.com

4. Contact Information for Owner/Administrator of the Web Site Containing Infringing Material. The individuals who operate the website www.stefandidak.com do an anonymous basis. The email that they provide on their website is: stefan@stefandidak.com.

5. Good Faith Statement & Affidavit. Please see the affidavit attached as Exhibit A.
If you have any questions about this notice, please contact me at (585) 473-7035or at solutions@awarebear.com

Thank you,
ANDRE LEITE ALVES

Exhibit A (AFFIDAVIT)

I, Andre Leite Alves, declare the following:

1. I have a good faith belief that use of the copyrighted materials described in the attached letter, that appear on the allegedly infringing web pages as described in the attached letter, is not authorized by the copyright owner, its agent, or the law.

2. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the, owner of an exclusive right that is allegedly infringed. I declare under penalty of perjury under the laws of the State of New York that the foregoing is true, and correct.

Exhibit B
Link1
Link2

The reaction from the law firm I hired was “with his admission of guilt there’s no lawyer in town that would even touch his case with a ten foot pole”.

I would like to thank Andre Alves for providing this DMCA complaint under penalty of perjury because he has now incriminated himself even further than he had already done. Thanks Andre! You have just declared that you have used the stolen material that “appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public”.

So it’s been used even more than we already can prove with the hardcopies of the brochures, judging from his words. You’re going to not be too happy in court but please do continue to incriminate yourself and declaring so under penalty of perjury. Maybe, Andre, it is time you get an actual attorney instead of trying to play one yourself. You end up making a clown out of yourself this way.

What Andre Leite Alves also hadn’t grasped is that by not having proper legal counsel it can become a very painful situation that backfires (which, once again, it has for him). For example, he has not understood the DMCA at all (then again, there does not seem to be much he understands other than that he needs to hide and run from a legal suit that is likely to impact his life in a very negative way), and as a result has not understood section (f) of the DMCA in which it states that it makes the sender of an invalid claim liable for the costs involved, including legal fees.

Of course, I can’t complain because his clowning around works in my legal advantage. 🙂

I operate my website on an anonymous basis? Gosh, this Andre Alves must be a certified moron if he thinks anyone with half a brain cell believes that. A 2-year old can easily prove that is not the case. It is, of course, entirely within the realm of possibilities that I overestimated Andre’s IQ. With the US credit crisis that is going on, perhaps that IQ is also a negative number.

Others inquired about this laughable matter and a minor addition was written to explain a few more details.

The first thing we did when that DMCA complaint arrived was laugh our collective behinds off. And the first thing that was clear was the shabby nature of the complaint, the inaccuracies (and lies), and of course the fact that Alves incriminated himself and provided what is essentially a full admission (and then some!) of guilt. I should actually thank him for that. My lawyers just kept cracking up and couldn’t stop laughing at this sad and shameful display of total ignorance.

The second thing we did was get a full certified validation from the registrar that received the notice to determine the validity of the sender’s source and got that confirmation within minutes. Aware Bear is going to be sorry they didn’t get legal counsel but hey, such is life for those who dabble with the law while lacking every level of understanding of it.

What is even funnier, when I offered Aware Bear to leave all this to our respective attorneys they asked for the contact details of mine so they could provide it to theirs. I provided that and then they said they would only deal with a “Board Certified Attorney”. This was a very clear indication these Alves clowns were hopelessly clueless because that particular organization certifies attorneys in areas of business bankruptcy, consumer bankruptcy and creditors rights.

That being the case, Aware Bear must only have legal experience with bankruptcy issues, creditor issues, and such. Makes you wonder why that “business” is always using fake addresses, eh? They’ll learn what a Bar Association attorney is, in court. Maybe it’ll be an education after which Aware Bear might very well need a Board Certified Attorney for the aftermath of their financial demise.

Some of the hard hitting comments that this original publication received, also for your enjoyment and education:

discomeats wrote on December 5, 2008

Wow, I mean *WOW*

my reaction was WTF O_O and that was when I read the first page about the initial blatant copyright violation with demonstration and admission of no due dilligence and clear acceptance of liability (and that’s being diplomatic I suppose).

Then DCMA notice for you violating the copyright of your own copyright? AAARGg my poor brain just fired a spring out of my ears
That’s some serious deluded entitlement there.
That day in court’ll be interesting

🙂

but, like another commenter has said, I suspect you are in a queue of folk who’ve had to deal with this individuals activities.

Walter wrote on November 17, 2008

I nominate Aware Bear for the Clown of Rochester award.

Colin Foley wrote on November 16, 2008

I voted for Andre “Aware Bear” Alves in the contest for the Biggest Liar(tm) Awards. Now there’s an award he deserves. Finally a real award–or is that REWARD–he doesn’t need to fraudulently claim he has repeatedly been awarded the people’s choice award from the Democrat & Chronicle.

McCallan25 wrote on November 15, 2008

The fool can’t even write coherent sentences. That notice reads like it was pieced together from samples and edited by a toddler, using crayons.

Peter wrote on November 13, 2008

Holy smokes! Andre Alves, for all your self-incrimination services!

“appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public”

How bloody stupid must someone be if you write that and then sign it swearing under penalty of perjury. Any lawyer he goes to for help in the case you’ve got against him will tell him goodbye because that case is over before it starts. He’s dug his own legal grave and probably doesn’t even have a clue that he did! How cool is that if your opponent in court is that deranged. Maybe he can plead insanity? 🙂

Comments

If you wish to comment you can do so here. Feel free to share your stories and experiences with Aware Bear Computers and Andre Leite Alves and read those of others. You can stay away from Aware Bear Computers at 5 Monroe Ave in Pittsford NY (585) 473-7035.