Tabberone is pronounced tab ber won not tay ber own

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This is a generic version of the second extortion demand usually made by the Embroidery Software Protection Coalition (ESPC). Note the heavy-handed wording and threats of large monies being awarded.

This is the SECOND time you have been notified regarding your purchase of pirated designs and you have chosen to ignore this matter. This will be our FINAL attempt to settle this matter without litigation. Any previous offer of settlement has been rescinded and you must contact this office immediately. We now have evidence that you have purchase and utilized counterfeit embroidery designs from a SECOND pirate. The evidence of your continuing violations of the U.S. copyright Act allows us to seek larger amounts for damages as compensation for your illegal acts. Due to our continuing investigations, including additional records obtained from various eBay sellers, who have been sued, we have learned that you have again purchased and utilized counterfeit and pirated embroidery designs purchased online from another eBay seller by the name of ***** also known as ***** and/or *****, and that these pirated copies of embroidery designs were in your possession. As you are aware your use of these counterfeit designs are in violation of the Federal Copyright Act, 17 U.S.C. §101 et seq. The Board Members of the ESPC owns the copyrights to the embroidery designs or software that you purchases. The ESPC holds the power of attorneys from the Board Members to prosecute persons who violate or infringe upon the copyrights, yourself included. As you were previously informed, Federal Law under the U.S. Copyright Act, imposes serious civil damages for copyright violations. Statutory damages may be $30,.000 per design, not per CD. Additionally, the Court has discretion to increase the amount of statutory damages to $150,000.00 for each Copyright violated if the infringement was willful. Your continuous usage of these counterfeit designs after notice was sent to your constitutes willful infringement and we will seek additional maximum damages as a result of your blatant conduct relation to these counterfeit designs. Further, 17 U.S.C. §505 provides for the recovery of attorneys' fees and costs by the prevailing party. These damages will be sought if we have to institute suit against you. But we would first like to make a final attempt to settle this matter with you. Since you were previously notified that your actions were a violation of federal laws and you continued to purchase and utilize counterfeit designs, your claim that you were ignorant that your actions were illegal will not be a defense to your illegal actions. You are responsible for the use of counterfeit and pirated embroidery designs and software, you were notified, you ignored the notice and you continued such illegal actions. The EXPC takes all copyright infringement very seriously, and we are working diligently to stop all incidents of piracy through prosecution of sellers and buyers, we will not cease prosecuting pirates and users of counterfeit goods. For this reason, the ESPC actively pursues legal action against those engaged in infringement and piracy. At this time, the ESPC would still like to resolve this matter with you, if possible. In return for your cooperation, the ESPC is willing to forego litigation against you for violations occurring prior to the date of the SECOND letter. The ESPC is prepared to release its claims against you in return for your agreement to: (1) surrender all copies of illegal, pirated embroidery designs in your possession which are copyrighted by Bernina, OSED or Great Notions; (2) agree that you will not purchase or use illegal counterfeit or pirated copies of embroidery designs in the future; and (3) pay a minimal monetary sum to the ESPC for your past wrongful actions and the damages thereby incurred by our Board members from your continuing infringement of their copyrights. If you should choose to reject the ESPC's FINAL settlement offer, or should you continue to fail to respond, please be advised that the ESPC can initiate legal proceedings in Federal District Court for violation of the Federal Copyright Act and will seek their full amount of damages and other relief as discussed above, including damages for continuing willful violations after your notice of infringing activities. While we are still willing to discuss this matter wit you, the ESPC will not wait any loner for you than the time set out in this letter. We have paralegals standing by to discuss your situation individually and to attempt to reach a settlement wit you. Therefore, to discuss the contents of this letter, you must contact our legal department at 214-350-1892 within 7 days from the date of this letter. After this date, the ESPC will abandon all attempts to amicably resolve this matter. If you receive a recorded message at the above legal department number, that means we are taking time to discuss an individuals' situation so PLEASE LEAVE A MESSAGE with your full name, name of the letter recipient, date of this letter, and a telephone number where you can be reached. Your file will be noted and your call will be returned as quickly as possible. It is not an option for you to send an e-mail. You must personally contact or leave a message on the ESPC legal department line at 214-350-1892. All questions and settlements are handled through the legal department. There is little question that you would have benefited by resolving this matter through informal discussions with our paralegals in lieu of judicial action after the first letter. Your damage amount continues to escalate by your refusal to cooperate. The ESPC has no choice but to full pursue anti-piracy efforts even when that entails filing suit against persons involved in the selling and utilizing counterfeit products. This will be our final attempt to cooperate with you in this matter. Sincerely, Martin Favre, Director Embroidery Software Protection Coalition Enforcement Division