http://nemesisrespondsto.
I'm coming to the conclusion (again)
Andrea Da Silva Goncalves aka @_AndreaUrbanFox is a pathological liar.
http://nemesisrespondsto.
Her lies and other dishonesty (such as impersonating me) have been recorded and exposed many times on this blog. She's quite prepared to perjure herself, she's done it in the past to Google, submitting takedown notices based on lies.
Now she's lying to Wordpress over a photograph she stole from me, and republished without permission. She's making spurious claims that a copyright photograph is 'open source' (she hasn't a clue what that means, clearly) and her publishing it is 'in the public interest' (er... no) and that my exercising my legal right to submit a DMCA notice to Wordpress to have it removed as theft is in contravention of some Cease and Desist notice which does not exist in any meaningful sense.
Andrea also appears to confuse 'open source' with 'public domain', but my photographs are not public domain either.
http://en.wikipedia.org/wiki/
And I have not granted her license to reproduce under Creative Commons; even in that case, an attribution should be made of ownership and original source.
http://guides.library.harvard.
I give no permission for Andrea Da Silva Goncalves to steal my photographs and pass them off as her own. I have not waived my rights.
Remember this?
http://nemesisrespondsto.
Andrea toddled along to County Court on September 8th, demanded to see a judge to seek an injunction against Alison Chabloz and myself. She failed to actually provide the court with the appropriate paperwork and the court notified me of this matter.
Of course an injunction of the sort Andrea wants isn't 'on demand', especially when it's based on bullshit claims from Andrea. There has to be a court hearing and the 'defendants' are entitled to put their side. The law isn't there as a private army for Andrea.
And according to Andrea anyhow she isn't going ahead with the application. Well, unless it suits her to try to use it as blackmail and a means to smear me. October 10th 2014:
Perhaps it's time I issued Andrea with a Cease and Desist notice and applied for an injunction against her and her lies and theft? It certainly isn't the first time she's done this.
As Andrea's bullshit to Wordpress included claims she was reporting my application for removal as breaking a Cease and Desist which doesn't actually have any legal force (it's a list of demands and lies by an anonymous troll on a blog) to police, I contacted Andrea's local police myself, sent her counter notice and my response, and got a nice reply. As the response was in confidence I won't reproduce it here, but suffice to say the word spurious sums up what was said about Andrea's claims.
Police have Andrea's measure, and know when she uses them and so called crime refs to manipulate. All her claims against me to police have been dismissed.
I've also contacted Clerkenwell and Shoreditch County Court, given certain information and received certain advice which I will be following.
The Court in addition assured me that they did NOT as Andrea has claimed asked her to go fishing to verify my address in some 'sting' operation.
http://nemesisrespondsto.
Of course Andrea's stretching the truth regarding a non-existent injunction to Wordpress is further proof of her dishonesty which would be used against her in court.
So, for the record, here's Andrea's fantasy counterclaim to Wordpress following my DMCA notice.
Hi,
We have received a formal DMCA Counter-Notification regarding the material removed in response to a DMCA Takedown Notice submitted by you on /////INSERT DATE/////. The complete Counter-Notification is pasted below. You now have a period of 10 business days to initiate legal action against the individual responsible for the material's publication and submission of this Counter-Notification. Should you choose to pursue the matter legally, you will need to respond to this email immediately and provide us with all relevant and legal documentation evidencing such action. If no further action is taken, we will be required to restore access to the material at the end of the 10 business-day period.
Thank you very much.
--BEGIN COUNTER-NOTIFICATION
DMCA counter submission from ***************
DMCA Ticket ID: #42171
Counter Notice Details:
Location at which the material appeared on your WordPress.com blog before it was removed or access to it was disabled: Image of Notice of Injunction against Evelyn Cook. The document belong to Her Majesty`s Court and addressed to myself (Andrea Silva Goncalves, as named in said document) and defendant (Evelyn Cook and Alsion (sic) Chabloz.
I in good faith believe this document to be of public interest and of free access on open source. The claim its copyright belongs to the named defendant is therefore bogus.
Note this document is part of a legal \"Cease and Desist\" notice which the defendant is ignoring and Wordpress is now the facilitator for the harassment of myself to continue as you have removed the document in question.
As this DMCA also breaks the terms of the Cease and Desist notice, I am left with no other option as to report this to the police and including this as proof of break of terms of C&D to the courts.
First Name: Andrea
Last Name: Silva goncalves
Address: ***********
City: london
State: london
Country: GB
ZIP: *****
Phone Number
Digital Signature: Andrea Silva Goncalves
I declare under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which Automattic may be found.
I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
I understand that a copy of this counter-notice, including my contact information (address, telephone number, and email address) will be forwarded to the person who provided the Infringement Notice.
--END COUNTER-NOTIFICATION
We have received a formal DMCA Counter-Notification regarding the material removed in response to a DMCA Takedown Notice submitted by you on /////INSERT DATE/////. The complete Counter-Notification is pasted below. You now have a period of 10 business days to initiate legal action against the individual responsible for the material's publication and submission of this Counter-Notification. Should you choose to pursue the matter legally, you will need to respond to this email immediately and provide us with all relevant and legal documentation evidencing such action. If no further action is taken, we will be required to restore access to the material at the end of the 10 business-day period.
Thank you very much.
--BEGIN COUNTER-NOTIFICATION
DMCA counter submission from ***************
DMCA Ticket ID: #42171
Counter Notice Details:
Location at which the material appeared on your WordPress.com blog before it was removed or access to it was disabled: Image of Notice of Injunction against Evelyn Cook. The document belong to Her Majesty`s Court and addressed to myself (Andrea Silva Goncalves, as named in said document) and defendant (Evelyn Cook and Alsion (sic) Chabloz.
I in good faith believe this document to be of public interest and of free access on open source. The claim its copyright belongs to the named defendant is therefore bogus.
Note this document is part of a legal \"Cease and Desist\" notice which the defendant is ignoring and Wordpress is now the facilitator for the harassment of myself to continue as you have removed the document in question.
As this DMCA also breaks the terms of the Cease and Desist notice, I am left with no other option as to report this to the police and including this as proof of break of terms of C&D to the courts.
First Name: Andrea
Last Name: Silva goncalves
Address: ***********
City: london
State: london
Country: GB
ZIP: *****
Phone Number
Digital Signature: Andrea Silva Goncalves
I declare under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which Automattic may be found.
I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
I understand that a copy of this counter-notice, including my contact information (address, telephone number, and email address) will be forwarded to the person who provided the Infringement Notice.
--END COUNTER-NOTIFICATION
________________________________________________________________________________
My response:
"Dear Wordpress
Andrea Da Silva Goncalves and my DMCA notice
Thank you for your email.
Stop lying about me, remove all lies you have told about me from the internet.
The counter notice from Andrea Da Silva Goncalves is baloney. It has no legal basis in law or fact. It could be described as perjury.
Please pass this email to her at the email address she has supplied to you.
Thank you also for supplying me with Andrea Da Silva Goncalves address in order that I can pass to my legal representative.
I will in addition publish her claims and my response on my blog.
The photograph published on my blog and stolen and published on her Andrea Urban Fox Wordpress blog was taken by me and as such, regardless of the subject matter, is my copyright. It was not 'open source'. Nor is it related to any claimed 'Cease and Desist' notice.
Claims that an application to Wordpress under the DMCA to remove what I believe to be unlawful use of my photograph breaks a non existent 'Cease and Desist' notice beggars belief.
It is also not 'fair usage'. Wordpress is being misled. If Andrea Da Silva Goncalves believes that all photographs on the internet are 'open source' then that can now apply to her photographs of herself she has published.
It was published by me on my blog and as clearly stated on the bottom of my blog, material there is my own copyright. This is not 'open source'.
If Andrea Da Silva Goncalves has her own copy of the document as she claims, then she can photograph and publish that copy and not steal my photograph.
The document I have photographed was clearly addressed to myself not Andrea Da Silva Goncalves. It is in my possession and belongs to me.
I cannot see what wider public interest can be claimed. This too is baloney. Andrea is attempting to make claims of legal force when there is none.
Perhaps Andrea Da Silva Goncalves needs to take some proper legal advice instead of making it up as she goes. English law is based on the presumption of innocence until the courts decide otherwise
There is no legally binding 'Cease and Desist' notice in place.
I have not received a legal 'Cease and Desist' notice from Andrea Da Silva Goncalves' or, more importantly, her legal representatives. None. Until there is one and all her evidence of her claims is sent to me and/or my legal representatives and I am given the opportunity to respond, and counter, then it does not exist.
In any case the validity of such a 'Cease and Desist' notice in this case would be questionable and could and would be countered. However, publishing unfounded and untruthful allegations on a Wordpress blog and elsewhere as Andrea Da Silva Goncalves has done and continues to do is harassing me.
Andrea Da Silva Goncalves claims of harassment of herself can be countered by her harassment of, defamation of and lies about me, of which I have copious evidence. Posting a poll on her WP blog in which she invites readers to vote that I should 'eat shit and die' is one such instance of many. Calling me a 'stalker' is also proof of her harassment.
This is not a police matter, it is a civil matter, though I will now contact her local police myself at Tower Hamlets Bethnal Green to point out her further bogus claim and her unreliability.
Andrea's previous reports to police with her harassment claims have been dismissed as basically, wasting their time. I have emails from police which state this to be so. I have talked to an investigating officer at Tower Hamlets CID also.
Please note there is no court injunction in place either.
A study of the document will reveal that Andrea Da Silva Goncalves so far has no injunction as she failed to apply for one correctly under English law, and until she does, provides relevant documentation, and there is a court hearing in which Alison Chabloz and myself will be entitled to put our side and oppose any such injunction, along with our legal representatives, and a judge decides, the document has no legal force whatsoever. It is merely a notification that Andrea Da Silva Goncalves turned up at court and failed to process her application correctly.
I point out to Andrea Da Silva Goncalves this could be very expensive for her in terms of court costs as she clearly is making allegations against Alison Chabloz and myself which it is doubtful she can substantiate. An injunction is not something a court applies if it is unjustified.
In return I have the legal right to sue Andrea Da Silva Goncalves for defamation, and take any other legal action I think necessary.
Wordpress is therefore obliged, under the terms of copyright and my legally enforceable DMCA notice, to dismiss the counter notice as fraudulent and I believe perjury.
Please pass this counter counter notice to Andrea Da Silva Goncalves. She has proved herself to be a liar repeatedly,and this is again another example of her untruthfulness.
If she does seek an injunction, I will make this correspondence available to the court."
_____________________________________________________________________________________________
So Andrea Da Silva Goncalves here is my CEASE AND DESIST notice to you. I'm sure I can add to this. But for the moment:
Stop stealing my copyright photographs.
Stop attempting to prevent me from asserting my legal rights.
No, I probably can't be bothered to waste cash on legal action against you for theft of the photograph, which to anyone with any knowledge shows you don't have an injunction and failed to even properly file your claim. I note you are too much of a coward to allow your name to be shown too.
I therefore assume you took no proper legal advice on this and have no solicitor acting for you.
I also assume you are unaware that I am entitled to be present at a hearing and present my evidence as to why your claim you need an injunction is a load of baloney.
And that I am entitled to apply to the court for an injunction to prevent you harassing me, lying about me, and I will repeat what I have said in the past... go seek help. Medical. For the sake of yourself, your family, and the victims of your cyberbullying, lies and delusions.
Love
Nem
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