Squeaky Clean NFL

In a bid to further move NFL into innocent entertainment, The Jonas Brothers performed in the halftime show during the Dallas versus Seattle game yesterday. 'Cause nothing says wholesome like the Dallas Cowbow Cheerleaders shaking thier money makers as middle-aged women grope boys.

War is Over (if you want it)

Semi-official Vatican newspaper L'Osservatore Romano has run an article forgiving the late Beatle, John Lennon, for a controversial statement made in 1966, when he claimed his band were "more popular than Jesus". I wonder if Apple Records Inc or Apple Corps Limited can be as forgiving?

Notorious...

The latest poster for the biopic "Notorious" has just been released, and like most of the marketing for this film, it leaves you feeling a tad underwhelmed.

Response to the Legal Threat Strikes Back

Dearest Digital Deputy-

Okay. I admit I was pretty freaked out when I got a letter from an attorney. I even sought the advice of several people that watch lots of legal shows. I spoke to someone who was in an episode of Walker, Texas Ranger. After receiving the wanted poster, I can no longer consider this credible. Had it been decent art work I would have posted it. You can do better!

I was ready to pull down the photo of the Beatles. Honestly, it wasn't my best work. But until I get real legal notice all posts on 365daves.com remain as origionally posted. Maybe, some day there will be a credible threat. Obama, Brangelina, Wells Fargo...somebody...

Dave

The Legal Threat Strikes Back

Seeing as you evidently have a sense-of-humour, we thought that you might appreciate the attached ...

... something for your office wall perhaps.

DIGITAL DEPUTY

NOTE from Dave: Attached was a crude wanted poster with Dave's 365daves.com banner image cut and pasted in word format. Rude.

Response to Return of the Legal Threat

Dear Digital Deputy-

I find it fascinating that you are paid to send poor attempts at scaring people.

While I would like to nominate Lionel Hutz as my attorney his reoccuring role on the Simpons precludes him from serving. I therefore nominate Atticus Finch, from To Kill a Mockingbird. Gregory Peck was not only nominated for his role as Atticus Finch but won an Oscar. Heck, any fictional attorney should be able to handle the fictitious claim that I am an internet service provider on the verge of prosecution.

Do you realize I'm LESS important today than before? I've been ignored by the high power attorney. I've been farmed out to an international for profit business! I might feel different if your response had been as clever as you intended.

I assure you I am presenting the whole truth to you. Everybody has something to hide except for me and my monkey.

Warmest Regards,

Dave

Return of the Legal Threat

Dear Dave,

We were told of your immature responses to rights owners.

Fascinating.

We would suggest that you nominate attorneys in the US who can accept the service of proceedings on your behalf. If you do not do this, thenan application can be made to the Federal Court to serve proceedings out of the jurisdiction (ie. in Sweden). This would simply mean that our clients would seek to recover more costs from you for the additional application. Once proceedings are served overseas, a default judgment can easily be obtained unless you elect to defend.

When the ultimate content (ie. of the combined digital images) belongs to third parties ...

... these are their rights to exploit, not yours (as you shall no doubt discover). When the appropriate authorities to decide upon the matter once a formal referral has been.

Our clients would ensure that the matter is progressed until such time as these activities are ceased permanently ...

... this is only a matter of time ...

... then you would be held to account to all of the parties whose rights you have infringed.

Regrettably, you may well be in receipt of further communications from us.

We trust, in this regard, that you will concur that unauthorized publication is a copyright violation, which is actionable in virtually every jurisdiction in the world.

Naturally and notwithstanding the foregoing, all accumulated rights of our clients - including, but not limited to, the right to institute proceedings against your company in the United States – remain strictly reserved.

We have read all of these (supposedly funny) stories that you publish ...

... you might not be laughing when proceedings are issued against you in the United States (amongst other things).

DIGITAL DEPUTY

Response to Legal Threat II

Dear Digital Deputy-

I appreciate your efforts to expand my readership. I have readers scattered throughout the US, but the UK is and untapped market for 365daves.com. Maybe I should be thinking bigger!

I have responded to your clients' attorney. You may read my response here.

Do you know Mr. Counselor Reilly? Does he remind you of Jerry Espenson? I like Jerry, pop pop.

Since Jerry, I mean, Mr. Reilly and I are already in contact with one another there is no need for your services, unless you feel like billing your clients for work already done a fellow American (I'm against sending jobs over seas). You at best are telling your clients' attorney what he already knows. Let's cut out the middle man.

Sincerely,

Dave

P.S. I would like to be a Digital Deputy when I grow up. Do you get to wear a badge?

Legal Threat II

Digital Deputy
Protecting Your Rights on the Internet
Tel 44-(0)208-353 8013 / Fax 44-(0)208-353 8080

STRICTLY PRIVATE & CONFIDENTIAL
ATTENTION ADDRESSEES ONLY

Dear Dave,

We would refer you to notification of Monday’s date regarding the above, the contents of which are self-explanatory (hereinafter referred to as the "Notification"), to which we have been retained and have yet to receive the courtesy of a response.

Notwithstanding the fact that you contend that you are not and Internet Service Provider (which we would dispute), you also seem to fail to recognize that your web-site is accessible all over the world and that, as such, your actions and, furthermore, your refusal to act, opens you and your company up to the possibility of law suits in - inter alia - the all states of the United States and the United Kingdom. Such law suits could result in your being refused entry to both the US and the UK. Accordingly we would strongly recommend that you immediately comply with the Notification, failing which we shall be obliged to advise our clients' attorneys to take against your company (and your company officers) without further notice. We would also warn you that, if such steps do prove to be necessary, our clients' attorneys would also (a) notify the US tax authorities of your commercial activities, (b) notify the US government of your illegal activities.

We shall look forward to hearing from you.

Whilst writing, we would further caution you against communicating or otherwise posting any remarks that could be construed as being defamatory of our clients (or Digiatl Deputy) or that could otherwise be injurious to our clients'(or our) genuine business interests. Similarly, we would inform you that the copyright in the Notification and, indeed, this e-mail is vested in Web Sheriff and that, in the event that you attempt to publish either the Notification or this e-mail on your web-site (or elsewhere), appropriate action shall be taken for infringement of our copyright (we trust, in this regard, that you will concur that the US does recognize copyright). Naturally and notwithstanding the foregoing, all accumulated rights of our clients - including, but not limited to, the right to institute proceedings against your company in the United States - remain strictly reserved.

Yours sincerely,
DIGITAL DEPUTY

Legal Threat Response

To: ijreilly@gjb-law.com
From: news@365daves.com
Subject: Response to Unauthorized Use of Apple Corps Limited and Apple Records INC. PropertyNovember 18, 2008

Re: Re: Unauthorized Use of Apple Corps Limited and Apple Records Inc. Property
http://www.365daves.com

Mr. Reilly-
Thank you for your e-mail. I look forward to getting to read your forthcoming letter. Electronic communications can be so impersonal and I do love the feel of paper.

I was excited to see that 365dave.com is attracting high-power, white collared executives as part of its readership. I had wondered why I received so many hits from Florida. I know most of my readers very few are from Florida and none are high-power executives. I suspect most don’t even wear collars.

Your request has me confused. Will you please clarify so I know how to properly respond? You seem to be under the impression that 365daves.com is an “Internet Service Provider”. I assure you, we are not. Is this a form letter? Did I get the wrong letter?

I am also curious to know what to expect from you as an attorney. If you had to compare yourself to an attorney at Crane, Poole and Schmidt, which one is most like you? Knowing this will help me formulate an appropriate response.

Sincerely,

Dave
365daves.com

Legal Threat

Date: Mon, 17 Nov 2008 14:02:08 -0500
From: ijreilly@gjb-law.com
To: news@365daves.com
Subject: Unauthorized Use of Apple Corps Limited and Apple Records INC. Property

Ignatius J. Reilly
Genovese Joblove & Battista, P.A.
Bank of America Tower
100 Southeast Second Street, 44th Floor
Miami, Florida 33131
Telephone: (305) 349-2300
Facsmile: (305) 349-2310

November 17, 2008


VIA ELECTRONIC MAIL
AND U.S. MAIL

365daves.com
1705 A Feagin Dr #232Lufkin, TX 75904

tracker-40-a3-5f-07-412576c8@prq.to

Re: Unauthorized Use of Apple Corps Limited and Apple Records Inc. Property
http://www.365daves.com

To Whom It May Concern:

This letter is being written to you on behalf of our client, Apple Corps Limited and Apple Records INC. Property (hereinafter Apple Corps). Apple Corps is the exclusive owner of all copyright,
trademark and other intellectual property rights in and to the Beatles digital images. No one is
authorized to copy, reproduce, distribute, or otherwise use the Beatles digital images without
the express written permission of Apple Corps.

It has come to our attention that the web site located at http://www.365daves.com for which
you are the service provider, is reproducing, distributing, and/or offering for sale the Beatles
digital images. Attached hereto are photocopies of representative pages from the forementioned web site.

Apple Corps has the good faith belief that the use of the material in the manner complained of is not authorized by Apple Corps, its agent or the law. Apple Corps diligently enforces its rights in
the Beatles in all forms of media. Our client rightfully takes its responsibility for the protection of the Beatles digital images very seriously.

As you may be aware, Internet Service Providers can be held liable if they do not respond to claims of infringement pursuant to the requirements of the Digital Millennium Copyright Act (DMCA). In accordance with the DMCA, we request your assistance in the removal of infringements of the Beatles digital images from this web site and any other sites for which you act as an Internet Service Provider. We further declare under penalty of perjury that we
are authorized to act on behalf of Apple Corps and that the information in this letter is accurate.
Please contact me immediately to discuss this matter further.

Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies or defenses of Apple Corps, all of which are expressly reserved.

Very truly yours,



Ignatius J. Reilly
Genovese Joblove & Battista, P.A.

DRW:al
Enclosures (via mail)
cc: Apple Corps Limited and Apple Records INC.

With a Little Help From My Friends

An unreleased, experimental track by The Beatles could be made public 41 years after it was recorded at London's Abbey Road studios, Paul McCartney has said. McCartney, one of two surviving members of arguably the most successful pop band in history, told BBC Radio that "Carnival of Light" was The Beatles at their most free.

Nation is Crisis...Help Arrives from Heloise

Fires burn in California. Our federal government burns through money. Hints from Heloise offers candle hints to brighten your day.

Detroit Blues

Economists lock horns over bailout for automakers. GM blitzes Washington in an attempt to win aid. Kid Rock maybe the one thing coming out of Detroit that is a success. Shame Kid Rock's performance at the 2008 Detroit Auto show wasn't enough to pull GM out crisis.

How Many Hail Marys and Our Fathers for Voiting Obama?

A priest at St. Mary's Catholic Church in downtown Greenville S.C. has told parishioners that those who voted for Barack Obama placed themselves under divine judgment because of his stance on abortion and should not receive Holy Communion until they've done penance.
At a recent dinner, then candidate Obama shared a joke that started "A Catholic and a Methodist walk into a bar..."

Brangelina Bites Back

The Chicago Sun-Times cites a "very close source" of Brangelina who says AJ and BP were "totally thrown" by a Jennifer Aniston interview, in which she said Ange was "uncool" for yapping about the beginnings of Brangelina in public. So much so, a source tells the paper Brad actually called Jen to complain. No one was complaining the day we all played nice in the snow.

The Man in the Long Red Cloak

People swing their lanterns during the ecumenical festival Martini, Day of St. Martin, in honor of the Catholic St. Martin, at Mariendom place, Cathedral of Mary Place, in Erfurt, Germany. St. Martin be wary St. George and St. Christopher had their feasts taken away.

A Not So Covert Operation

A man was arrested in Santa Cruz with beer keg, harmonica, wet suit, hallucinogenic mushrooms. The man claiming to be a covert military operative from Australia was drinking from a full sized keg and attempting to sell beer to passersby.

Slow News Day?

Arkansas is unofficially the fifth-largest sweet potato producer in the country, behind North Carolina, Mississippi, Louisiana and California. Nothing says hard-hitting late-breaking news like unofficial rankings! 365daves.com is unofficially the second most read website by western educated, left-handed, vegan, Maldivian militants worldwide.

Chocolate...My Hero!

Superheros (and a few villains) walked the catwalk at New York’s Chocolate Show, where designers paired with chocolatiers and pastry chefs to create one-of-a-kind edible outfits. Wonder Woman, Bat Girl, Poison Ivy, Dark Phoenix Storm from the X-Men, Iron Man and Bat Girl (seen above) were stand outs.

The winner...stick

The National Toy Hall of Fame in Rochester, N.Y., announced it has inducted the skateboard, the baby doll and one surprise plaything -- a stick. The 19-member national selection panel said they also decided to induct a plaything that was not on the list of finalists, the common stick. The panel hailed the stick for its ability "to inspire spontaneous play" by allowing children to imagine them as magic wands, swords and other objects.

Photographic Poser?

North Korean officials have released the photo of their "Dear Leader" Kim Jong Il. His health has been the subject of intense speculation after a reported stroke in September and because he has not publicly nominated a successor to run the nuclear-armed nation. Closer inspection of the photograph suggests his shadow is somewhat different to the soldiers accompanying him, leading to suggestions it has been the victim of Photoshop. News? Photoshop? Outrageous!

Brillocity

The Red Bull BC One break-dance competition, in which 16 B-Boys from across the world compete in one-on-one knockout battles to determine the winner finished in Paris. The competition, which is in its fifth year highlights breakdancing and it's innovators.

This year’s presidential election made history in several ways and it appeared that news networks were also in a competition to show off the most elaborate technology to explain polls and other election events. It all started with fancy Surface tables and a “Magic Wall”, but if there was one technology that completely stood out form everything else, it was certainly CNN’s holograms. Above Will.i.am, Obama suporter and "We We Can" viral video creator and Jedi Run-da Nesan, frontrunner for Secretary of Galaxy in Obama's cabinet, are "beamed in" to discuss the election with Anderson Cooper.

A Dog's Life

A dog looks at a basket full of food at a soup kitchen open exclusively for dogs in Berlin..

Da Ba Dee Da Ba Di

Blue skies are expected on Election Day for the key battleground states of Ohio, Indiana, Missouri, Florida, Nevada and New Mexico. Democrats hope to swing them all to thier blue-eyed boy. But Obama may get a bolt from the blue. Either candidate may wind up feeling blue after talking a blue streak. States where the race is tight and where significant rain may appear out of the blue are Virginia and North Carolina. Here's what happened in those states today. Blue-blood or blue collar, we may all wind up blue in the face.

You Put Bacon in My Mayo...

Baconnaise the new bacon flavored spreadable mayonnaise was introduced to the world yesterday. A party was hosted Seattle, Washington. The event featured a wrestling tournament in which the Seattle Mudhens Womens' rugby team, the Seattle Semi-Pro Wrestling League and the Bacon Girls fought in over 200 gallons of mayonnaise to determine who had bragging rights, bacon or mayonnaise.

Superman Gay?

Writer/Director Kevin Smith discusses Superman being gay (or at least Brandon Routh playing a closeted gay role in Smith's current film). Advocate.com asked the question of Superman in 2006. The lesbian, gay, bisexual and transgender community is looking for a hero (Obama receives mention).

The most bizarre twist on the Kevin Smith/Superman is found in a story of a robbery in the New York Post.