Aware Bear Computers Again

Our favorite habitual liar and serial copyright infringer, Andre Leite Alves, of Aware Bear Computers in Rochester, is at it again and proving himself to now also be a habitual perjurer. And no, I am not talking about his Rochester Perennial Exchange “website”, which is nothing more than his attempt to link-build to gain a tiny bit of SEO juice in the hopes that all the negative exposure of his business activities and habitual lies would no longer score as high as they have done.

Andre Leite Alves of Aware Bear Computers, the moonlighting photographer, perjured himself AGAIN!

This week, Andre Leite Alves, Mr. AwareBear, has once again perjured himself, in an attempt to file a DMCA against this site and three of the images used (in good faith used under 17 USC Section 107 which allows for such considering the context of this site). This is not the first time Andre Alves has attempted to do so. Remember many years ago when he filed a false DMCA (against my domain registrar) claiming the images of my office were actually his and that I was the one infringing on them? Perjury might be something Andre Alves was born with but since I am not a doctor I don’t know that for sure. Lying and displaying deceit, however, that I think has long since been proven.

Scroll down to read the actual DMCA takedown notice that was filed.

Andre Alves is not the brightest bulb as most of you have already noticed. I can only imagine how much time and money Andre Leite Alves has spent (possibly from the Aware Bear business account) on the many feeble attempts at influencing search results. But the consistent and persistent failure of his efforts to accomplish anything is truly mindboggling. I also believe that Andre Leite Alves must think that my office is actually a time travel machine because he very seriously botched his DMCA attempt, like he botches a lot of things, just ask any displeased customer of Aware Bear Computers in Rochester.

It seems Andre Leite Alves really can’t do anything right!

Andre Leite Alves, a habitual liar and serial infringerPrior to filling out the DMCA, Andre Alves uploaded 3 images from this site. Images which at one point in the past (2009 and 2011 to be exact) were on the Aware Bear Rochester website. Then proceeded to create a blog post in WordPress and backdated it to December 7, 2007. Then labeled the images as (C) 2001-2012 to create the impression for the DMCA Agent that this site had taken them off of his site, and proceeded to state such, under penalty of perjury. Except what our clueless clown Andre Alves failed to pay attention to, because he is not really a detail oriented guy, is that images from 2009 and 2011 appear in his post that is dated several years prior to those.

I honestly do not have a time travel machine but I think Andre Alves believes I do. And for those of you paying attention, he botched one of the images even worse by having it in the 2012/03 upload folder. Anyone using WordPress will understand where I’m going with this. Images uploaded March 2012, in preparation for his false and incorrect DMCA filing, made to appear as if they were actually there in 2007. And he also needs people to believe there was no activity on his link-heavy blog between 2008 and 2011? Nice one, Andre! You must think other people are equally as dumb as you are.

Andre Alves, who appears to also moonlight as a “full time” wedding photographer (a full-time wedding photographer and full-time computer-repair guy, eh), must not understand digital images all that well because he clearly also forgot about things like date stamping and additional digital data embedded in those very image files. What that exactly means I will not explain because there is no reason to try and educate Andre Leite Alves. Instead I will just save this really good information for any situation where I may need them to pull the rug out of under any attempt at legal harassment. There are two other indicative issues with his DMCA attempt but those too, I will save for later. 🙂

What Andre Leite Alves (or should I refer to him as the Aware Bear that is unaware most of the time) also failed to think about is the fact that two of the images are cropped from the site they were originally on and are not the actual crop size of the images as they were at the time. It is nothing short of amazing that the exact crop is actually dated 2007 on his “blog” because they are clearly the exact crop I took. The old Aware Bear site(s) and content are probably not in Andre Leite Alves’ possession anymore so he didn’t notice it. Luckily, I always cache and copy everything just in case such is needed to provide proof and evidence. 🙂

Why did AwareBear Computers’ Andre Leite Alves spend $99 on a false filing?

So what’s up with these images and why would Andre Leite Alves spend $99 on trying to have them removed through the DMCA process? Nothing in particular, really. It is clear he attempted this as a “test” to see if it would work and if it did he could then proceed and start filing more false DMCA’s as long as he had a few dollars to spend on it. But the reason the habitual liar and serial infringer wanted the images gone is clear; they expose his habitual lies in a no uncertain manner.

The image that is a screenshot of one of his web pages, with the so-called testimonials on it for example. As already shown previously, testimonials from allegedly happy customers have been used throughout the years and attributed to different names at different stages during the changes of the Aware Bear Computers website(s). Also, the exact same text of the supposed testimonials has been found posted elsewhere and passed off as real testimonials, yet also attributed to different people in different places. Under 17 USC Section 107 I of course am showing exactly that.

The other two images have a bit more history to them. The first was taken from the Aware Bear website (in the state it was in at the time) to show that it was not just my office that Andre Leite Alves pretended was his. Also, a friendly and smart person e-mailed me with the links to the actual website designs in the image, as they belong to Template Monster and are not designs ever made by Aware Bear Computers. Ditto for the small image pasted into the monitor in that arrangement.

After I pointed that out and used the image to show this, Andre Leite Alves immediately modified the image on his website to contain an email address instead of the office and also took out the small design pasted in the monitor. He left the Monster Template images on there. Perhaps he bought those templates or decided he would take his chances. During that year the Aware Bear website underwent a lot of changes as Andre Leite Alves tried to wipe out all the obvious lies like claiming to be an official Apple Repair Center (yeah, right, ask Apple about that one).

Speaking of Apple. Did anyone notice the banner image at the top of Andre Leite Alves’ “link farm” blog? Do you feel you have seen that image before? That’s because you probably have. On Apple’s website! So clueless Andre can’t even build a “link-farm” blog without yet again using content he’s not authorized to use!

The full DMCA takedown notice as it had been received by my web host.

Please note that I have taken out the name and details of the copyright agent. As it turns out the actual filing was done through a 3rd party website and the chain of action on the DMCA is a little complicated to explain, nor really of any interest here. The copyright agent is someone I know and respect and it became increasingly clear what exactly transpired and what Andre Leite Alves attempted to accomplish.

Notice of Copyright Infringement
Received: 2012-03-26 21:42:02 from [name removed] to DreamHost Abuse

Please see attached notice of copyright infringement, which has also been pasted below. Thank you very much for your time and attention to this matter. Please note that, in addition to the below infringement, the site itself appears to be nothing more than a spam redirect and an attempt to capitalize on my clients domain name.

To Whom It May Concern,

I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act (DMCA) and/or the European Directive on Electronic Commerce (EDEC). This letter is a Notice of Infringement as authorized in § 512 of the U.S. Copyright Law and EU Directive 2000/31/EC. I wish to report an instance of what I feel in good faith is an instance or Copyright Infringement. The infringing material appears on the Service for which you are the designated agent.

You are either registered with the U.S. Copyright Office as the designated service provider agent to receive notifications of alleged copyright infringement with respect to users of the service or have listed this information as the appropriate account to file such complaints on your site.

1. The material which I contend belongs to myself or my client, and appears illegally on the Service is the following:

Various AwareBear Images

2. The material appears at the website addresses:

http://www.andreleitealves.net/images/gibberish-large.jpg
http://www.andreleitealves.net/images/awarebearfakewebdesign1.jpg
http://www.andreleitealves.net/images/awarebearfakewebdesign2.jpg

3. The material appears on my or my client’s Web site at these addresses:

http://www.andreleitealves.[other]/wp-content/uploads/2012/03/abc1.jpg
http://www.andreleitealves.[other]/wp-content/uploads/2007/12/abc-design.jpg
http://www.andreleitealves.[other]/wp-content/uploads/2007/12/abc-design-2.jpg

4. My contact information is as follows:

[name and company details of the DMCA agent removed]

Filed on Behalf of:

Aware Bear
Andre Alves
5 Monroe Ave
Pittsford, New York 14534
Phone: 585-473-7035
Email: solutions@awarebear.com

5. I have a good faith belief that the use of the material that appears on the service is not authorized by the copyright owner, its agent, or by operation of law.

6. The information in this notice is accurate, and I am either the copyright owner or I am authorized to act on behalf of the copyright owner.

I declare under the perjury laws of the United States of America that this notification is true and correct.

Signed:

[name removed]

Note: [company name removed] is acting as an authorized DMCA agent and is solely responsible for the preparation and submission of the DMCA notice.

Don’t you just love the lies Andre Leite Alves manages to concoct?

As the DMCA takedown notice reads, “Please note that, in addition to the below infringement, the site itself appears to be nothing more than a spam redirect and an attempt to capitalize on my clients domain name.”

So this site is a spam redirect now? Amazing! I challenge anyone reading this to google the name of the habitual liar and discover the countless attempts he’s made to influence search engine results to combat the negative exposure that his actions have received here and in other places over the many years. It is unfortunate for Andre Leite Alves and Aware Bear being presented in a satirical manner here but there is a limit to how many times this clown should get away with his lies.

I think poor Andre was projecting a little too much when he came up with the “spam redirect” idea considering that he has produced tons of content and posted it all over the internet for just one single purpose. And yet, even after spending so much time over those many years, he accomplished nothing with it (nor will he, but he hasn’t figured that out yet, as I said, he is not the brightest bulb).

It’s also funny how all of Andre Leite Alves’ link-farm experiment sites use basic WordPress themes. I wonder if he will be starting to claim those are his designs just like he seems to do with anything that his eyes see.

The images will be back up shortly as I entertain the full counter notice of the DMCA process. In order not to expose the current web-host as this process resolves itself, you can view the images here, here, and here if you want.

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Awarebear Computers

How pathetic must a person and its business be when they feel a need to paste themselves into a picture of my office and use it for their commercial purposes?

The person you see Photoshopped (pasted) into the photograph of my home office is NOT ME. Why it isn’t me will become obvious when you read the following story regarding a case of blatantly pathetic commercial copyright infringement committed by AwareBear Computers (Pittsford Rochester New York, owned by Andre Leite Alves).

Aware Bear Computers Andre Leite Alves Con-Artist and LIAR

The company, “Aware Bear” (home theater solutions, apple repair, pc repair, web design, and wedding photography), owned and run by Mr. Andre Leite Alves (not “Arthur Leite” which was used as the name to sign previous communications in a miserable attempt to ensure a court summons would be drawn up for the wrong name) claims to have been in business since 1993, has over 15 years of computer experience, and is serving the area of Rochester, NY (New York) and Pittsford, NY. Evidently, they haven’t learned much about legal matters and copyrights during that time.

AwareBear has created, printed, and distributed brochures using the above image (an unauthorized derivative work of my copyrighted material, as the actual owner of the property pictured as well as me being the photographer of the image). In addition a PDF version was available online at AA Computers USA (a former, rumored to have failed company that involved Mr. Andre Leite Alves and where a different website for Aware Bear is hosted, not to be confused with other businesses by that name for which actual business licenses could be found). After AwareBear was contacted regarding their blatant violation of copyright they removed the PDF from the website BUT claimed that the brochure “never went to print”. This response was signed “Arthur Leite”.

In my initial letter to AwareBear (at the time I decided not to involve lawyers yet other than the general consulting call) I advised them to consult with an attorney. The response stated that they did and was clearly written in great haste; “I am deeply upset thus I have already have spoken with my lawyer” (verbatim, errors aren’t mine). I wonder if the attorney advised their client to LIE, not knowing such a lie could end up being devastating evidence in court. I doubt that a remotely competent attorney would allow their client make irresponsible statements in writing, statements that can be held against you in court and would completely wipe out any defense a lawyer could spin with a dose of imagination.

The mistake that “Arthur” Leite made was not only the copyright infringement for commercial purposes but also made the stupid mistake of assuming that I and my attorneys wouldn’t know any better and only had knowledge of the online PDF. Unfortunately for AwareBear, we did know better because those who contacted me regarding this unauthorized use had in their possession the very printed hardcopies of these brochures.

AwareBear was certainly AWARE that they had printed and distributed these flyers, for example at a job fair for students at Monroe Community College. Once you start distributing flyers you no longer have control over where they might end up and what consequential damages and confusion that may cause. In this case it also causes major embarrassment for AwareBear and its owner Andre Leite Alves, especially considering that I am now publically explaining the situation to my readers and visitors. And from what I can tell, my website has some level of popularity in many tech circles. Then again, I am also known for making understatements. 🙂

Awarebear stole this image and altered it for commercial purposes

In the initial response I got from AwareBear claimed that the image was created by a “university student graphic designer” and that they were “not aware of its copyright”. Legally speaking, not being aware does not absolve one from the legal implications of copyright infringement and any subsequent damages, financial or otherwise, that occur from taking such action. I have dealt with legal cases before where copyrighted material of mine was used in print for commercial purposes and the law was quite clear on that. Crystal clear. If you use material you can’t properly identify you take a risk and sometimes that can be a very dangerous risk that leaves you and your company liable for any and all damages that come forth out of those actions.

Because “Arthur” of Aware Bear already lied to me about the brochure never having been printed I certainly can’t accept anything else that they claim to be honest and truthful. Maybe a student did not create that image and it was only said in order to hopefully defer their own responsibility and liability in this matter. Either way, if a student did create the image and committed the actual theft, AwareBear did not have a contract with said student that includes an indemnification clause and still accepted the results, thereby taking a legal risk of their own free will. This to me indicates that AwareBear conducts their business in a highly unprofessional way.

It is unclear what the purpose of using that image in their brochure was all about, though. On the one hand it implied that AwareBear runs their on-site services through the setup seen in the image. On the other hand it also directly implied that there is an association between me, my business(es), and Aware Bear. And that is most certainly NOT the case. There never was such an association and certainly never will be. Given that the brochure mentions their services like on-site computer maintenance like removing viruses and backing up your data, it implies that I am not capable of doing that myself and need Aware Bear to do that for me.

Ha, they wish. I wouldn’t let them near my data. The nearest they got to my data was by taking it off my website and pasting that guy in there to create a completely falsified and fraudulent reflection of the actual facts. Next to the image they have the words “All Service Done On-Site” and directly underneath the image is a quote that reads “We are dedicated to helping you, facilitating your use of technology and making a difference one customer at a time”. Yeah, well, that customer does NOT include me in any way and very likely in the future they will perhaps only retain ONE customer, at ANY time.

I will keep you all updated on the legal proceedings and further developments of this story. In the meantime, I will gladly share with you what the associates at my attorney’s office have uncovered in an attempt to assess the person and company that acted in this extremely careless way and I will explain why it is seriously foolish to lie in response to legal inquiries that are made.

AwareBear, and its owner Andre Leite Alves, claim to have been in business since 1993. The company AA Computers USA (dot com) has one site for AwareBear while the actual site is yet again different. Nothing wrong with that, except that on one of the two sites the company also claims to provide business web design services.

Would you want your business site to be designed by a company that goes around being careless and unprofessional when it comes to the content they use? What guarantee do you, as a client, have that they will not ‘accidentally’ include stock graphics or material that has not been properly identified, cleared, and/or authorized for use? Would you like to take a chance at being liable for any carelessness on the part of Aware Bear? I wouldn’t.

What’s even more sad is that Andre (“Arthur”) Leite Alves also moonlights as a wedding photographer (according to our information for around $800 for a 12-hour day). A “professional wedding photographer”, as Andre Leite Alves calls himself, with a B.S. (does that stand for bullshit?) degree from RIT in 2001 (and former classes in Brazil) should not be as unprofessional as to steal the photographs of another photographer. That level of theft, also known as copyright infringement, indicates a high level of being unprofessional. Not clearing images created by third parties, if you are the client, is likewise unprofessional and careless. Any photographer worth a dime knows better than that.

Another interesting discovery was that AwareBear has been using so many mailing addresses and locations that it means that Mr. Alves either relocates his home a lot or has other reasons to move around a lot. Maybe Mr. Andre Leite Alves will soon relocate again and adopt the name “Arthur Leite” in an attempt to avoid getting served a court summons. In case he does, feel free to contact me to let me know where he could be found.

It’s maybe also part of the reason why AwareBear never mentions any addresses other than e-mail and their phone number. According to sources, AwareBear doesn’t have an office to speak of and dispatches students to customers to perform their activities on-site, or will have your equipment collected and returned (e.g. they bring it to some other place where someone works on it from their home).

And just to share something else that’s fishy but funny with you all, if you look at previous versions of the AwareBear related websites, you will find that some of their testimonials use the same words like “are part of my success story” but are attributed to completely different individuals and businesses over a different period of time. It sure makes me wonder if those aren’t ALSO IMAGINARY.

What is also made up and very clear, is another bad photo editing job that was done on a picture of a car in the brochure. It has the text/logo of AwareBear on the side of the car but a 2-year old can tell it’s pasted on there after the fact and way too obvious. Perhaps this is the level of quality that is acceptable to AwareBear which would say a lot about the level of quality the company might represent to anyone else. The brochure also claims “Our team is standing by to support you with friendly and honest service you deserve”. I think they might need to consider dropping the word honest in there. Perhaps edit it to reflect the word DISHONEST instead.

That might explain why AwareBear decided to use, print, and distribute the image of my office with a different individual pasted in there. Clearly a deceptive practice that matches the overall sense that this entire company is unprofessional and, I strongly suspect, not to be trusted. I usually have a sharp sense about business matters and everything about this company and its owner screams to me that it’s an inherently untrustworthy operation. Very amateurish, I would say.

I suspect that if a business represents no value, has no value, and is operated in a highly questionable way, the only way to impress potential customers is by using things you falsify and the deception you create in order to misrepresent yourself and your business. Perception is reality, except that the reality of AwareBear does not present much of a good perception at all.

It’s a good thing I’ve got a background in computer graphics since the mid 80’s. It allowed me to instantly notice the badly done “Photoshop” work, otherwise I might have felt compelled to file charges of trespassing and burglary! As a business associate of mine said, “I wouldn’t hire them to do Photoshopping”. I fully agree on that. 🙂

I don’t want to create a whole bunch of blog categories on my site for AwareBear but if I were to do that it would probably include tags for; untrustworthy, liars, thieves, unprofessional, irresponsible, amateurs, unreliable, deceptive, dishonest, inexperienced, reputation, and a whole range of other words along the same lines. Then again, maybe those words are intended to serve as the kind of “juice” that most real professional web designers will understand what it means.

Take Care, Be Aware and Beware of the Unaware Aware Bear!

P.S. Maybe I should consider starting a contest where people get to paste themselves into images of my office and then publish those online on my site as a ‘tribute’ to this AwareBear fool who did so with commercial intentions and total lack of any clues as to why this is a bad idea to do with POPULAR IMAGES. Your ideas on the subject are welcome.

Update 10th November 2008, Information recently received from a reader. The link specified was already taken down shortly after we received this information on Andre Leite Alves.

This guy copied the D&C peoples choice awards page and penciled himself in under best computer store and created another category for himself. To make dumbo even dumber, he placed in his multiple Frontier Yellow Page ads 3 certificates that he was the People’s Choice Awards winner for 2006, 2007, and 2008. Hey Andre, the 2008 awards haven’t even been made yet. The D&C has been notified and isn’t very happy about the stolen graphics and copyrighted content he used, along with his blatant plagerism and false advertising. Based on his character I expect him to go under, switch names, and get out of paying for his Yellow page Ads, then link to them under a different name and get free advertising out of them. You can see this guy coming a mile away. Only the beginning Andre, run and hide.

Please do contact me with further information! Thanks!

Update 12th November 2008, read how Andre Alves attempted to abuse the DMCA for what it wasn’t intended for. He’s providing quite some entertainment to the masses. Thanks Andre. 🙂

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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