Andre Leite Alves

This is getting to be prime time entertainment if you ask me. For those of you that have read a previous post of mine on the theft and infringement on my copyrighted material committed by Andre Leite Alves (operating a business under the name Aware Bear in Pittsford, Rochester, New York), there is a new development that I would love to share with you all.

Andre Alves has attempted to misuse (abuse) the DMCA in order to get my story of his fraudulent actions removed from the internet. In order to attempt that this little Aware Bear sent a DMCA complaint to a domain registrar where stefandidak.com, my domain, is registered. Unfortunately it once again shows that Andre Leite Alves has no clue about the law, in any way shape or form, and had no legal assistance in the process of writing that DMCA complaint (the plethora of errors and missing words in there is very similar to his hasted reply after I first confronted him with a demand he immediately stops using my material for his personal gains and business activities). It is starting to be clear that Andre Leite Alves is an amateur in every respect.

Andre Alves modifying and stealing an image from my site

What Andre Alves also hadn’t realised is that I have dealt with DMCA situations in the past and am even on record in a policy report by the Brennan Center for Justice of the NYU School of Law, regarding a very similar case with a professional con-artist I had exposed. That con-artist also attempted to abuse the DMCA for what it was never intended for as you can read in the report.

I believe that Andre Alves of Aware Bear Computers is not too happy with me showing the derivative work he illegally and without authorization created from my copyrighted work. And again it becomes clear that Alves has no legal assistance because they would have informed him that it was his mistake that caused the circulation and that now it allows me to use it under the fair use clause of the copyright act. Of course, we all know that Andre Alves doesn’t care about the image and copyrights, if he cared about copyrights he would not have done what he did and would not have spent the past days removing OTHER material from his site and replacing it with generic images instead. All Andre Alves cares about is not getting exposed. Well, bud, it’s a little too darn late for that.

Notice how Andre Alves also commits perjury in his DMCA complaint by stating that my website is operated an on anonymous basis. Funny he can find the contact details of the domain host but not my contact details that are right there alongside it. Contact details he already had in the first place as is already on record from our previous communications. Again, it shows typical low-life behavior of a petty amateur because he believed he could get away with filing a DMCA that way. What Andre Alves should do, if he feels strongly about copyright infringement and believes that the fair use clause does not apply, is file suit against me and leave it up to the courts (he already knows where to find me to file suit and even if he didn’t it doesn’t take a rocket scientist to figure it out with a simple lookup). I would welcome him trying that. For one, if he makes a personal appearance in court (very unlikely since he’s running and hiding from being served with my case that’s now hanging as a thundercloud above his head) we can serve him easily. Notice how he failed to provide a valid address on the DMCA (a requirement) :-)


Anyone who can provide me with the whereabouts of Mr. Andre Leite Alves at a specific point in time can expect a generous reward once we can serve him his summons.

Anyway, for your enjoyment and education I present to you the DMCA complaint as it was sent to the domain registrar. Needless to say, all the errors and mistakes are verbatim and by Andre Alves. I wonder if he will attempt to claim copyright on his DMCA complaint too now. :-)

Andre Leite Alves
Rochester, NY 14618
(585)473-7035, (585) 738-2583
(585)473-7035 FAX

November 12, 2008
“Take Down Notice” Under the Digital Millennium Copyright Act 17 USC ? 512
[name of domain registrar]

Dear Sir or Ma’am:

This letter is formal notice to you under the Digital Millennium Copyright Act (DMCA), 17 USC ? 512. that you are maintaining materials on your servers that infringe on the copyrights of my personal work. Accordingly, we hereby request that you take down or remove this infringing content from your servers.

1. Identity Of The Copyrighted Work That Has Been Infringed. My own the copyright personal photograph, which have appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public. Below are just a few examples of the items of content that have been copied and pasted into this website.

2. Identity of the Material That Is Infringing My Copyrighted Work. The website StefanDidak.com currently contains pages infringing content. The search queries, and the search results containing web pages that infringe on my own rights, are attached as Exhibit B. We can provide a digital copy of this Exhibit B if it would be helpful to you.

3. Contact Information for Andre Leite Alves. Please send all correspondence on this matter to:

Andre Leite Alves
Rochester, NY 14618
(585) 473-7035, (585) 738-2583
(585) 473-7035 Fax
solutions@awarebear.com

4. Contact Information for Owner/Administrator of the Web Site Containing Infringing Material. The individuals who operate the website www.stefandidak.com do an anonymous basis. The email that they provide on their website is: stefan@stefandidak.com.

5. Good Faith Statement & Affidavit. Please see the affidavit attached as Exhibit A.

If you have any questions about this notice, please contact me at (585) 473-7035or at solutions@awarebear.com

Thank you,
ANDRE LEITE ALVES

Exhibit A
AFFIDAVIT

I, Andre Leite Alves, declare the following:

1. I have a good faith belief that use of the copyrighted materials described in the attached letter, that appear on the allegedly infringing web pages as described in the attached letter, is not authorized by the copyright owner, its agent, or the law.

2. I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the, owner of an exclusive right that is allegedly infringed.

I declare under penalty of perjury under the laws of the State of New York that the foregoing is true, and correct.

Exhibit B
Link1
Link2

I would like to thank Andre Alves for providing this DMCA complaint under penalty of perjury because he has now incriminated himself even further than he had already done. Thanks Andre! You have just declared that you have used the stolen material that appeared and have been published over the years in, among other places, web sites owned by me and in literary and marketing materials in several types of media distributed to the public”. So it’s been used even more than we already can prove with the hardcopies of the brochures, judging from his words. You’re going to not be too happy in court but please do continue to incriminate yourself and declaring so under penalty of perjury. Maybe, Andre, it is time you get an actual attorney instead of trying to play one yourself. You end up making a clown out of yourself this way.


What Andre Leite Alves also hadn’t grasped is that by not having proper legal counsel it can become a very painful situation that backfires (which, once again, it has for him). For example, he has not understood the DMCA at all (then again, there does not seem to be much he understands other than that he needs to hide and run from a legal suit that is likely to impact his life in a very negative way), and as a result has not understood section (f) of the DMCA in which it states that it makes the sender of an invalid claim liable for the costs involved, including legal fees.

Of course, I can’t complain because his clowning around works in my legal advantage. :-)

I operate my website on an anoymous basis? Gosh, this Andre Alves must be a certified moron if he thinks anyone with half a braincell believes that. A 2-year old can easily prove that is not the case. It is, of course, entirely within the realm of possibilities that I overestimated Andre’s IQ. With the US credit crisis going on, perhaps that IQ is also a negative number.

Update 29th March 2012, once again Andre Alves attempted to file a DMCA and botched it up completely. It cost him $99 and provided us with PRICELESS ENTERTAINMENT.

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About Stefan Didak

Stefan Didak, software architect and developer, known throughout the internet for the "insane" Home Office setup that has attracted millions of visitors over the many years, and now, inadvertently an educator in the field of copyright infringement.

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