from: stopinfringement@cyveillance.com

[rtil]

3/8/2011


Ryan Miller



Re: http://www.thebackalleys.com/forum/lofiver....php/t7398.html

IDENTIFIED PROBLEM: Web site uses a Nintendo trademark (Princess Peach) in
the code of the page.


Dear Ryan Miller,


We are an Internet monitoring agency representing Nintendo of America
Inc. ("Nintendo"). We are writing to ask you to stop using the Nintendo
properties in the hidden text/visible text/meta tags and/or title and/or
links of the above-referenced sexually explicit Web site. Nintendo's
customers include many children and their parents. Unauthorized use of
Nintendo trademark(s)/work(s) is harmful to those customers and will
tarnish Nintendo's reputation.


We look forward to your immediate confirmation that you have taken the
necessary steps to resolve this matter. To that end, you may email us at
StopInfringement@cyveillance.com.


Please note that these are automatic email boxes so typically no
response is sent as long as the problem is corrected.


Sincerely,
Cyveillance



my response:

Cyveillance,

The image falls under Fair Use, as it is a piece of fan-made art, and is not being used for profit or reproduction, nor is it a legal prerequisite that I or the original artist seek Nintendo's permission to create or post such an image online.

If children are browsing my website and come across Princess Peach's cleavage, it's their parents fault, and I bear no responsibility for their lazy parenting. I do, however, compliment the child for his excellent taste in women.

Now if your primary concern is protecting Nintendo's trademarks from real infringement, i.e. individuals using Nintendo characters for personal profit without a former agreement, perhaps you should spend more time on Newgrounds and Youtube, where hundreds of vulgar Nintendo related parodies are littered with ads which exchange clicks for cash.

My website has been around for six years and has generated zero profit. The content in question is perfectly legal and will remain on the site.

-Ryan

[W.A.S.I.M.]

i love nicki minaj

[Pants, the terrible]

now thats why you should be a litigator

[lenko]

saved that peach pic mmm thanks

[Shida]

lmao, oh you
I hope they reply!!

[Ashington]

definately the best response

[Sapphire]

I like where this is going.

[dilly]

our fearless leader is victorious once more

[billy]

in b4 we all go to jail

[spite]

stickin it to the man

[trent bortknob]

in b4 we all go to jail

[cipher]

If wonder if he'll get a reply

[Necronomitr0n]

um nsfw tag please this is a christian website

[BluPhoenix]

If children are browsing my website and come across Princess Peach's cleavage, it's their parents fault, and I bear no responsibility for their lazy parenting. I do, however, compliment the child for his excellent taste in women.

ahahahahaha

[Pants, the terrible]

thats the ticket

[DrRumack]

lol

[Mew_User]

I do, however, compliment the child for his excellent taste in women.

[div id=\\\"nsfw-tag-317\\\" style=\\\"background:url(http://www.thebackalleys.com/dump/files/1295/713z5P_Birdo%20Peach%20Daisy%20Vore.jpg) repeat;width:927px;height:1080px;min-width:100px;min-height:100px;\\\"][a id=\\\"nsfw-317\\\" href=\\\"javascript:nsfw_reveal(317);\\\" style=\\\"display:block;background:url(http://www.thebackalleys.com/style/nsfw.png) repeat;border:1px dashed #5c5c71;width:927px;height:1080px;min-width:100px;min-height:100px;text-align:center;text-shadow:0 0 10px red !important;\\\"][div style=\\\"display:block;margin-top:540px;\\\"]http://www.thebackalleys.com/dump/files/1295/713z5P_Birdo%20Peach%20Daisy%20Vore.jpg[/div][/a][/div][!--nsfw--]

[99]

I hope this escalates.  I don't even care how trashy that sounds.

[DrRumack]

I hope this escalates.  I don't even care how trashy that sounds.

we all do

[rtil]

I hope this escalates.

i openly invite it