Yesterday Gina’s lawyer filed a brief in response to my Memorandum to show cause. You can read the full brief below. In it Gina asserts that my original host, Bluehost, never took down my blog:
Tuteur’s failure to allege that BlueHost took down her site is not inadvertent. As Tuteur is well aware, once she sent BlueHost her counter-notice, BlueHost told both parties that it would take no action. See Exhibit 1 (“The copyright claim regarding this domain has a counter claim issued. If a counter claim is submitted, it will be up to the two parties to pursue legal action.”)
…Because neither BlueHost nor Daring Host removed or disabled access to any materials on the Plaintiff’s site at all (and certainly not in response to Crosley-Corcoran’s DMCA takedown notices), Count I of her Complaint must be dismissed as a matter of law.
Really? Really??!!
What about this?
Let me quote in case it isn’t clear enough to read:
… I simply armed myself with bigger cannons. I went straight to her hosting provider.
Within a week, her host responded to the copyright violation by taking down her ENTIRE BLOG.
(Later, her blog was restored after my image was taken off her site.)
So not only did Bluehost take my site down for copyright violation, Gina BOASTED that it took my site down for copyright violation.
Oops!
Stay tuned for more developments.
Gina’s brief:
https://dl.dropboxusercontent.com/u/27713670/CC_Brief_re_Order_to_Show_Cause.pdf
