Wednesday, December 07, 2005

Copyright Infringement Cease and Desist Notice

Here was the email I sent Santa Monica College regarding their copyright infringement of our History of Animation website. I also sent certified letters to the school. SMC had no proof of copyright ownership and the website was eventually removed from their server. However, it appeared once again around October 16, 2005. After making several oral complaints and a letter from my attorneys, it was quickly removed. Professor Jim Keeshen is no longer allowed to teach the ET 61 online course and it has been removed from the Academy of Entertainment and Technology course listings for Spring 2006.

I place this email as a guide for other copyright owners who wish to draft their own cease and desist notices as well as to show the massive theft by the school against one of its professors and students. Jim Keeshen and I had placed a tremendous amount of work into this course with the sincere intent of benefiting the students. There was no legitimate reason for SMC to steal this work and to deprive us of due credit or ownership. I can only be grateful that I had taken the time to copyright this work with the Library of Congress. I suggest all webmasters take heed and do the same with their own online published work.

-- Des Manttari,
Phoenix Genesis/MBS LP

(c) 2005: Phoenix Genesis

--------------------MY CEASE AND DESIST EMAIL TO SMC----------------

From : Phoenix Genesis
Sent : Saturday, July 16, 2005 12:53 PM
To :



July 16, 2005.

Dear Santa Monica College,

I represent Phoenix Genesis/MBS LP, publisher of the online History of Animation course lectures. It has come to my attention that you have posted and/or published on your website (commencing on or about May 18, 2005, pursuant to our information and good faith belief) and continue to publish without permission a number of pieces of Phoenix Genesis content (webpages, text, images, animated clips, source code, etc.) at including, but not limited to, the following url references cited below.


I originally emailed you about your copyright infringement on or about July 11, 2005 and asked that you remove the infringing webpages. Since then, the following pages have been modified, and further infringed, on or about July 13, 2005 by removing my name, my internal revision dates, and the copyright comment tags in the underlying source code:
The following page has been modified, and further infringed, on or about July 13, 2005 by removing my name, my revision dates, and the copyright comment tags in the underlying source code in addition to my name and the name of Phoenix Genesis/MBS LP on the credits of the webpage:
The following pages remain unchanged since May 18, 2005 on your website despite the fact that I emailed you on or about July 11, 2005 to have these infringing pages removed:
The following page has been removed since July 13, 2005 on your website pursuant to my email request on or about July 11, 2005:
I have personally verified each of the above-referenced links between the period of July 13, 2005 and July 16, 2005 and found them to be active on your website / server.

This material was posted and published online by Phoenix Genesis/MBS LP on our server (at, et. al.) and the webpages, source code, images, and multimedia you are presenting are and have been served by our servers prior to your infringement. Additionally, you have modified the webpages, including, but not limited to, removing the copyright notices on each and every page, redirecting links, and deep linking to the server.

You have additionally created folders and rearranged content of the material in order to conceal your infringement. Since my original email of July 11, 2005 asking you to cease and desist your infringement, you have responded with willful intent and malice by going into the source code and removing my name, my revision dates, and the copyright comment tags in order to further conceal your infringement. Additionally, you have removed my name and the name of my company on the videogames.html page and in the underlying source code, thus depriving me of due credit for my work.

Furthermore, in violation of our copyrights, you or one of your authorized agents and/or employees have allegedly (based on our information and belief) provided hyperlinks without our permission to your modified unauthorized webpages to on their server including, but not limited to, the following pages:

The material that you are posting and/or publishing online at (since on or about May 18, 2005 and modified on or about July 13, 2005) was obtained, used, and published without permission of Phoenix Genesis/MBS L.P. and/or Des Manttari. Further, the material is copyrighted and there has been no valid transfer of rights to you or to or anyone else. You have infringed on our copyright and we, therefore, demand that you immediately cease and desist from any further use of the copyrighted material and remove the material from your website.

By copy of this email, we additionally demand that you remove the hyperlinks of the infringing material referenced above from any and all web pages and/or course modules contained on the vendor's site at and that you do not place either now or in the future any links to either your infringing webpages or my original webpages on the server or in any internal pages or course modules.

In addition, you may not use the material or any underlying source code in any other manner whatsoever. By copy of this email, we demand that you provide us with a written statement (email or letter via certified U.S. mail) specifying all of the material removed and the date of removal, and that you agree not to use any Phoenix Genesis History of Animation material in the future unless you first obtain the copyright owner's written permission (which may be granted or withheld). I expect to hear from you within ten (10) days of your receipt of this email.

Your reproduction and modification of said material, even if it was upload, posted, or published by third parties and/or agents, professors, staff, or employees or your school and/or those of, is an infringement by you of Phoenix Genesis/MBS LP's intellectual property rights and those of the Martin B. Schapiro Exodus Trust.

The rememdies available under the U.S. Copyright Act and the Digitial Millennium Copyright Act are severe, including injunctive relief, payment of statutorily-prescribed damages of up to $150,000 per infringement, and reimbursement of attorney's fees. Additionally, criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000. By further modifying my webpages (on or about July 13, 2005) since my original cease and desist email to you (on or about July 11, 2005), your infringement is now ongoing and willful.

Please understand that we anticipate your full and immediate cooperation in this matter. Also, please understand that we do not hesistate to enforce our rights in these situations.

I swear, under penalty of perjury, that I have verified each of the allegedly infringing webpages (included herein by reference) and their underlying source code and that they are currently online at and that I am the copyright owner or am authorized to act on behalf of the owner of any exclusive rights that are allegedly infringed.

Very Truly Yours,

Des Manttari, Trustee,
The Martin B. Schapiro Exodus Trust, Est. 1994,
dba Phoenix Genesis / MBS LP

Feel free to link or print this; just include the SAVE SMC URL:

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