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  "The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Law Firm of Donahue Gallagher Woods LLP

 

 


Donahue Gallagher Woods is brought to these pages by Andrew S. MacKay and his client Autodesk. Corporate Attorney Andrew S. MacKay is a partner in the firm of Donahue Gallagher Woods LLP who has three offices in the Oakland, California area.

Which one is MacKay?
(hint - he's the dumb-looking one)


A "notice of claimed infringement" (NOCI) is defined in the DMCA as having certain elements one of which is a perjury statement:

Sec. 512. (c)
(3) Elements of notification. -
    (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
        (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(emphasis added)


If an attorney, say one named Andrew S MacKay, were to submit an NOCI to eBay while omitting the under penalty of perjury clause, would that not be considered an attempt to circumvent the "perjury" aspects of the NOCI? That is what Clown Andy did. Isn't that unethical? Isn't that lying to eBay? Isn't that the infamous "P" word?

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It was brought to our attention that Andrew "a.k.a. Bozo" MacKay has warned that if we use the "P" word (s-h-h-h don't tell anyone it stands for Perjury) and claimed he did the dirty deed, he would be suing us for defamation. So Andy boy, for the record, we're not claiming YOU committed perjury when you filed the Notice Of Claimed Infringement ("NOCI") with eBay over Tim Vernor's auctions. It was someone who looked just like you (really stupid) and was using your your name and your office. You can understand how we could be confused on the subject, can't you Andy?

You see, Andrew, it's our position that corporate lawyers routinely lie to the courts so why wouldn't they also not flinch at lying to eBay? What we find disturbing is that the courts, and eBay, don't really care if corporate lawyers lie to them. They consider all part of the game. It's a game, to you and your fellow corporate lawyers. It's innocent lives that you try to ruin when you bank the buck from Autodesk, not caring about the law, court cases or the UCC.

The "P" word that applies stands for Pathetic.

And Andy, if you still want to sue, please spell our names correctly. It's the little things that matter.
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