March 28, 2017 BY E-MAIL Re: Kristanna Loken-Unauthorized Publication of Private Photographs and Video Dear Sir/Madam: This firm represents Kristanna Loken. It has recently come to my client’s attention that a number of private photographs and a video depicting her in the nude have been reproduced and posted on your website, “oopscelebs.net”. These photographs and video were posted by your company without the authorization of my client or the copyright holder. I am referring to any and all of the photographs and video depicting Ms. Loken, either alone or with a companion. This includes, but is not limited to, the photographs and video that are posted at the following links: http://www.oopscelebs.net/?p=12921 As you concede on your website, these photographs and video are known to have been “leaked,” thereby, demonstrating your awareness that these materials have been intentionally and unlawfully disclosed after having being wrongfully obtained without Ms. Loken’s knowledge or consent. Your unauthorized use and distribution of the above-listed photographs and video constitutes copyright infringement pursuant to the Digital Millennium Copyright Act. See 17 U.S.C. § 512(c)(3). Further, it is likely a violation of Ms. Loken’s privacy rights and is a tortious act under applicable federal and state law. Under her authority, and on behalf of Ms. Loken, I hereby demand that you immediately and permanently: (i) cease and desist any use of the above referenced photographs and video by all means, including disabling access to these items, and (ii) remove Ms. Loken’s photographs and video from your website. I trust you will immediately comply with the above request. Absent such compliance, I will take all appropriate steps to protect and enforce my client’s rights, including, if necessary, commencing legal action and pursuing all remedies. In addition to the above request, I also demand that you take immediate and proactive steps to maintain, preserve, retain, protect, and not destroy any and all documents and data, both electronic and hard copy, that may be relevant to the above request, and that are in your possession, custody and control. Specifically, I demand that you preserve all electronic and paper evidence that relate or refer to the use or distribution of Ms. Loken’s photographs and video or the source of Ms. Loken’s photographs and video. Such evidence includes your company’s computer systems whether on- or off-site, removable electronic media plus all computer systems, services, and devices (including all remote access and wireless devices) used for your company’s overall operation. Such evidence includes, but is not limited to, all text files, emails, text messages, chat logs, screenshots, images, graphics, recordings, calendar and scheduling information, task lists, voice mail, instant messaging, telephone logs, computer system activity logs, or other electronic or paper documents stored on the work or home computers or mobile devices of your employees or on the cloud. Please immediately notify all your employees that they must immediately preserve such evidence. Please be advised that the deletion, modification, or failure to preserve and retain the electronic data and evidence outlined in this notice may constitute spoliation of evidence which could subject you to sanctions under federal or state law. I am providing this notice in good faith and with the reasonable belief that rights Ms. Loken owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate. Should you wish to discuss this with me, please contact me directly.
Yours Truly, Evan S. Krutoy
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