In Responds And Rebuttal to Chilling Effects Clearinghouse Under Image DMCA ( Copyright ) Complain to Google (noticeID 54161)
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UNGRATEFUL AND UNGRACEFUL WOMAN Cheng Kah Kee ( Mother ) registered her daughter Yijun for Play clay lessons in November1999, she had already waived her rights to any materials own by Garie's Creations. YiJun knowledge of the Arts and the works was all taught and created at our workshop. All ORIGINAL CLAY pieces created by YiJun are all in her possession when it was completed. What we have were digital pictures or photographs taken before she takes home her projects / works. YiJun's Mother paid $1500/- for one year, "Consultation, Design, Maintenance and Hosting services." using some of our existing images, records, photograph materials in our possession, with the exception to digitize her existing drawing and poems in year 2002. Garie's Creations has ceased, in year 2004 and the rights to YiJun Site is being host under a new ownership. Since the termination by Mdm Chew Kah Kee in 2003, Yijun Site has been promoted under garieinternational. com.sg website and garieinternational has paid for the additional hosting, maintenance, for the past 8 years. The Mother ( Mdm Cheng ) aggressive, unreasonable behavior in approaching to this matter was not in good faith, she had violated and infringed our literary works. Chew YiJun was just one of our many student we taught, if we allow her mother to abuse and remove our rights to our materials, we will be encouraging many to pirate our works without our approval or consent. Google has lost it's sense of direction in the copy right law and is not protecting the many artist in their literary works. All complaint put forth by anyone must be investigated properly, as individual country laws differ from each other, in other words Different Country Have Different Rules. YiJun condition were make known by her own mother letter to us dated June 2002 and therefore, the receiver ( garie ) is the rightful receiver / owner of the emails / mails, uploaded to our website, this is not a copyright material or issue. Garie had taught her daughter well in her Arts and has provided Yijun with a therapy that help her to get back to school and society (note: Yijun was home school when her mother had disagreement with the school over her and her refer to " Mother own words" ). Yijun had a sweating palm problem and Garie on his own accord did research and managed to overcome Yijun's problem, building her confident further in clay making.. Garie's Creations is proud to announce to the World of his/our achievement with Special needs children but, Mdm Cheng Kah Kee is ungrateful and abusing and / or took advantage of Singapore Court system ( a system protecting the Rich and /or a Play Ground for the Rich ) and the copyright law to erase records of her daughter's condition, and achievement. Mdm Cheng can only remove her own website, but has no right to remove or delete "Yijun's Website", as Garie's Creations is hosting the truth not lies or had infringed on any original works. Any original works done by Chew YiJun is the creation concept and ownership of Garie / Garie's Creation. Therefore, it is not her / their rights to order or demand the erase of YiJun ADHD history, so that her teachers, classmates and others will not know about it. Everybody has a past and it's with a past that one has a future. She even demanded garieinternational webhosting Chew YiJun's articles in the server, but it was declined and now this by Google???? Any action by Google to prevent the search/ remove article belonging to Garie's Creations will be in Question and their role as a Major Search Engine? NOTE: The work Yijun produced are products, idea and design that are created by Garie's Creation and Garie, is the Master of his own works and the works by Chew YiJun is produced in Garie's workshop. In addition, What is copy right infringement? What was the material infringement that mdm Cheng is requesting? What has her (YiJun ) condition to do with Copy Right Infringement? What has they ( Mdm Cheng or Yijun ) lost in term profits? Did Mdm Cheng or Chew YiJun buy Garie's creation rights to the original ideas / tutorials, and instructions, existing images, records, photographic materials in our possession while at the clay workshop? As Such, Can such a person ( Mdm Cheng Kah Kee ) be qualified to give talk / lecture to the various Primary Schools about ADHD/ADD, when she herself wants to erase her daughters history, letters and emails (address to garie), so that her teachers and friends of Yijun will not find out about her condition. Can such a person be lecturering or teaching to promote knowledge on ADHD or give advise about the Special needs children of the future? Link : Chew Yijun,Pg 6, http://www3.moe.edu.sg/corporate/contactprint/pdf/contact_jan07.pdf SPARK: How Can A Person Who Wanted To Erase Her Daughter's ADHD Condition Give Talk About ADHD To The School And The Community? From:
Chin Bella <chinbella99@gmail.com> Dear Mr Sim, On Sat, Dec 31, 2011 at 12:44
PM, Sim Garie <garie@starhub.net.sg> wrote: http://www.garieinternational.com.sg/ungrateful.htm APPRECIATION, THANK YOU CARD FROM CLASS 4 LOVE CHIJ BUKIT TIMAH FOR THE CLAY WORKSHOP March 2001 Mum's Own Words / Letters & Emails To Garie "Yijiun loves clay arts, horse-riding, reading, computer games and playing with her friends. In fact she enjoys most physical activities such as fishing, cycling, roller-skating, snorkeling, rock-climbing, or just walking along the beach observing sea-creatures and collecting shells.Her favourite subject in school is Physical Education and the highlight of her school day is often a game of touch-rugby/soccer during recess (she will willingly give up food for play!).She is an avid reader who likes fantasy, adventure and animal stories.Yijun is full of zest and her interests are varied; the primary constraint in her case is the lack of time to pursue them to her heart's content." By Cheng Kah Kee, June 2002
Testimony "Yijun
took up clay art with Garie's Creations in November 1999. She
was then in Primary 2 and had just been diagnosed with Attention
Deficit Hyperactivity Disorder (ADHD). Lack of understanding
of her condition both in school and at home caused her to exhibit
many psychosomatic symptoms relating to "severe - stress"
sleep disturbances, gastric pains, panic attacks, school refusal
etc. Her self-esteem was at rock bottom, as was her position
on the social totem pole in school.
"Yijun's work was already featured in Garie's wonderful website when he suggested setting up a separate site for her. Both Garie and Teresa felt that it was good for Yijun's growth as a budding young artist to have an independent sitelinked to his. I was delighted that Garie considered Yijun's work to be of sufficient quality to warrant a site of her own. wanted to give her as much support as I can. I had been keeping Yijun's sketches, poems, letters and other works since she was in kindergarten and it had always been my intention to present them to her (together with her growing-up photo album) when she reaches twenty one years of age. Garie is a talented webmaster and I couldn't have found a better person or better way to showcase my daughter's. Thank you Garie. May my daughter's website grow with her " By Cheng Kah Kee 4th Aug 2002 |
OUR RESPOND
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Date: 7th July 2010
For: Mdm Cheng Kah Kee
Subject: COPYRIGHT MATERIALS
Dear Kah Kee I/We refer to your solicitor's letter dated 05 July 2010. Your Allegation is unfounded. In Reply;
1.Your daughter, Chew YiJun was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD ) when she was in Primary 2 and you had done your research that through Play Clay Therapy/Art can help improve her self-esteem. You are able to sign up your child, Chew Yijun for Polymer Clay Class/Workshop on 27th November 1999 from information provided by posting of Website by Garie International since 1996 and the official site was in 1998.
2.Our " Clay making business
" as you have describe it, was the endorsement by Garie
Sim himself and his success in Clay Art Therapy has regained
your daughter's lost sense of self and some friends in school.
Gone too are the psychosomatic symptoms that you had to face/deal
with. Your Testimony and Write up about YiJun are facts and not
make believe as endorsement for " Our Clay Making Business
". 3.The Website of " YiJun "was created from materials provided from our records during her time spent in Garie's Play Clay workshop. All original literal works were return to it's owner. By way of Mdm Cheng Kah Kee testimony/ Letter dated 04 August 2002, that; " YiJun's work was already featured in Garie's wonderful website when he suggested setting up a separate site for her"
5. Should you have done the website on your own or by others, you would still need to pay for the materials of the photographs, digitalised enhancedArtworks, etc. that were from the clay workshop, the rights of the photographs and images were captured by Garie. These images are the intellectual property of the photographer. Under the Law, it is the Photographer who will own copyright on any photos he has taken.
6.Your one off payment of $ 1500.00 was for Garie's time and typically an allocated the number prints to be used and the running cost of the website for a year. The copyright to the images will remain with the photographer, and in this case, it's ownership belong to Garie. Please clarify How much was the monthly maintenance fees that you had paid to Garie?
7.Garie had on your request in
year 2003 ceased the individual website named" yijun.per.sg"
but reserve the rights to materials digitally found in his Hard
Drive.
8.You, Cheng Kah Kee, Authorised the Approval and paid Garie ( as co-owner) to design using the photographs / digital image from our Library to host "Yijun Website" , sometime in July 2002. TAKE NOTE that once the Website is launch, the website is no longer considered Private or Personal and the knowledge belongs to the Public ( also known as Internet user ).
9.As co-owner and the owner of the photo images in the website " yijun.per.sg", Garie is the Copyright Owner and controls how they are used, who can copy his works, who can use his works, and who can have his works.
" It is to Garie's Credit that he took her ( YiJun ) condition in his stride and in the process, won her confidence and respect. Garie even took the trouble to help " showcase" Yijun's skills by going down to her school one day last year ( In 2001) to give a free clay art session to her whole class.This popularised clay art amongst her peers, and Yijun's form teacher followed up on it with a one-girl class exhibition of YiJun's works, which gave her instant popularity " ...... By Cheng Kah Kee dated June 2002.
11.For the record, it was you that request for our endorsement on a testimonial. Your daughter, Chew YIjun was able to showcase her works as a budding young artist, which Garie/we took time and expense to provide link to our No 1 Polymer Clay website in Singapore. The Glory of the Website is your Child and not Garie's. Please refer to your testimonial, and that; "...... I couldn't have found a better person or better way to showcase my daughter's. Thank you Garie. May my daughter website grow with her! " ...... By Cheng Kah Kee dated 4th August 2002
12.I am surprise that you have not been advised on what is the " Original Materials" and what is " Copyright Materials " by your solicitors. You should have taken our advise to settle the matter amicably without causing further damage and distress on your daughter, YiJun.
13.Any additional prints you and solicitor want must be ordered via Garie as he is the Copyright Owner of Materials in our website " garieinternational.com.sg".
Take Notice that We take serious exception to your Defamation and it's illegal to obtain images through threats. I/we reserve my/our rights to take legal action on you for infringement of my rights, as a human being and as an ARTIST. You are to apologise public for defaming my reputation as a Mentor to your child by Friday 9th July 2010 otherwise I shall publish on our website your solicitor's letter dated 5th July 2010.
Take Further Notice that unless you carry out the following actions by the stipulated deadline, we reserve our rights to take out necessary action to do the same against you without further reference to you.
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