DISCLOSURE: DUNSMOOR LAW IS CLOSED AS OF NOVEMBER 2, 2023. SEE DUNSMOOR.IO THIS INFORMATION IS TO PROTECT THE INVESTING PUBLIC. NOTHING IN THIS ARTICLE IS LEGAL, FINANCIAL OR INVESTMENT ADVICE.
I. Introduction
In a recent development, Cal Evans of Gresham International has attempted to misuse the Digital Millennium Copyright Act (DMCA) to censor legitimate criticism and analysis of his conduct. Evans submitted a DMCA takedown notice to the hosting provider for Dunsmoorlaw.com, demanding the removal of content that allegedly infringed upon Gresham International’s copyrighted and “trademarked” material. However, a closer examination reveals that Evans’ claim is baseless and appears to be a blatant attempt to suppress information in the public interest.
II. Evans’ Baseless DMCA Claims
Evans’ DMCA notice is riddled with inaccuracies, misrepresentations of the law, and false assertions of copyright infringement. Some of the most egregious claims include:
1. Referring to “DMCA laws” when the DMCA is a single piece of legislation.
2. Claiming that the use of Gresham International’s logo and name constitutes copyright and “trademark” infringement, disregarding fair use exceptions for commentary and criticism and the fact the DMCA doesn’t apply to trademarks.
3. Asserting that documents created by Gresham International cannot be shared without consent, despite their publication on the internet by clients and third parties.
4. Alleging that the website contains “inappropriate language, images, and content that is defamatory, harassing, and unhealthy” without providing evidence to support these claims and in violation of the First Amendment.
5. Claiming I’m using a kidnaped/missing child. As discussed here: PART VIII: Cal Evans’ Disgraceful Attempt to Use the DMCA to Remove Content on this Website & His New Signature Line, https://dunsmoorlaw.com/2024/09/09/part-viii-cal-evans-disgraceful-attempt-to-use-the-dmca-to-remove-content-on-this-website-his-new-signature-line/
6. And claiming the content is “suggestively racist information.” Which, as discussed in Part VIII, we believe Evans believes that being “English” is a different race as both him and I are white guys except he is originally from England but lives in Wisconsin now.
You can enjoy the stupidity of his complaints here and the legal opinion he claims is stolen: https://www.dropbox.com/scl/fo/s1byd7kq1goc64otdk14y/AGQ6GodCoh3t1Nn4F4Pgu4c?rlkey=hv25sxkfm059btkokz0hz4ip1&st=6cn9ezh2&dl=0
III. Fair Use and the Public Interest
The content hosted on Dunsmoorlaw.com is protected under the fair use doctrine, as it serves an educational and journalistic purpose of protecting the public from the fraudulent behavior of Cal Evans and Gresham International. The articles and analysis, including the 130+ misrepresentations in the Crypto Con Lawyer article (link below), on the site comment upon and critique the all the alleged misconduct and misrepresentations of Cal Evans and Gresham International I’ve found so far, drawing from publicly available sources. Such use is protected under copyright and trademark law. Plus as it promotes the free exchange of ideas and information in the public interest!
IV. Evans’ Pattern of Misrepresentation and Deception
As extensively documented in the content hosted on here, Evans has engaged in a pattern of misrepresentation and deception, including making false claims about his academic credentials, professional qualifications, and involvement with various projects and organizations. This history of dishonesty raises serious concerns that the DMCA notice itself may contain deliberately false statements, which could constitute perjury and result in legal consequences for Evans.
V. Basic Due Diligence Tips
To avoid falling victim to baseless DMCA claims and attempts to suppress legitimate criticism, it’s crucial to conduct basic due diligence. Here are some tips:
1. Understand the scope and limitations of the DMCA, including the fair use doctrine and its application to commentary, criticism, and educational content.
2. Verify the accuracy of claims made in DMCA notices by consulting the original sources and analyzing the context in which the content is used.
3. Investigate the credibility and background of individuals or organizations submitting DMCA notices, looking for patterns of misrepresentation or attempts to suppress information.
4. Consult with legal experts (and probably not CILEX Chartered Legal Executives unlawfully practicing in the US) specializing in intellectual property and online content to ensure compliance with the law and protect your rights.
5. Be aware of statutory penalties including filing fees and attorneys fees for filing or responding to a false claim. As I made him aware of: https://www.dropbox.com/scl/fi/sfxybhuobcssch9z5zfye/DMCA-Response-to-Evans-09.08.24.pdf?rlkey=ring9w7pfwozdv0u45ab7uvxu&st=p3nlpp23&dl=0 (note this isn’t the signed one)
VI. Conclusion
Cal Evans’ attempt to misuse the DMCA to remove content that criticizes and analyzes his conduct is a clear abuse of the law and an affront to the principles of free speech and press. The DMCA was intended to provide a means for legitimate copyright holders to protect their intellectual property, not to serve as a tool for censorship and suppression of information in the public interest.
Any recipient of a Evans’ DMCA notice should carefully scrutinize the claims made therein and consider the potential legal risks of complying with a notice that appears to contain false statements. The hosting provider should also take steps to preserve all records and evidence related to the notice, as this information may be relevant to future legal proceedings especially given how much Evans loves to lies and misrepresent facts.
By conducting thorough due diligence and standing firm against baseless attempts to suppress legitimate content, we can protect the free exchange of ideas and ensure that the public has access to important information about individuals like Cal Evans of Gresham International who engage in deceptive and fraudulent practices.
If you wish to see the so-call infringing content and the stuff he hasn’t falsely claimed is infringing content, it is all backed up here (Enjoy!):
NOT SUBJECT TO THE DMCA TAKEDOWN NOTICE
The Crypto Con Lawyer: A Comprehensive List of Fraudulent Activities by Cal Evans of Gresham International (So Far)
Now available at: https://archive.ph/7Stk3
https://dunsmoorlaw.com/2024/08/30/draft-the-crypto-con-lawyer-the-complete-list-of-lies-fraud-and-deception-of-cal-evans-of-gresham-international-so-far/
PART I: Cal Evans of Gresham International is a Scammer
Now available at: https://archive.ph/2BpOF
https://dunsmoorlaw.com/2024/05/28/part-i-cal-evans-of-gresham-international-is-a-scammer/
PART II: The Comedy of Evans — How the Pennsylvania Bar was Scammed & Exposed Its Unconstitutional Attorney Discipline System
Now available at: https://archive.ph/MwhMh
https://dunsmoorlaw.com/2024/05/28/part-ii-the-comedy-of-evans-how-the-pennsylvania-bar-was-scammed-exposed-its-unconstitutional-attorney-discipline-system/
PART III: A Glorified Paralegal Cannot Scare Real Lawyers with a Laughable Cease-and-Desist
Now available at: https://archive.ph/MZf7m
https://dunsmoorlaw.com/2024/05/28/part-iii-glorified-paralegals-cannot-scare-real-lawyers-with-a-laughable-cease-and-desist/
PART IV: Cal Evans Receives a Criminal Referral from the Supreme Court of Wisconsin
Now available at: https://archive.ph/TgZEC
https://dunsmoorlaw.com/2024/06/11/part-iv-evans-receives-a-criminal-referral-from-the-supreme-court-of-wisconsin/
PART V: Responding to Cal Evans – The Fraudulent “Lawyer” Threatening the Crypto Industry
Now available at: https://archive.ph/kRahJ
https://dunsmoorlaw.com/2024/06/14/part-v-responding-to-cal-evans-the-fraudulent-lawyer-threatening-the-crypto-industry/
PART VI: Cal Evans’ “Publishings” Are All Lies, Very Sketchy, and/or Cannot be Found
Now available at: https://archive.ph/LoFT9
https://dunsmoorlaw.com/2024/06/28/part-vi-cal-evans-publishings-are-all-lies-very-sketchy-and-or-cannot-be-found/
PART VII: The University of Surrey & How Cal Evans of Gresham International Deceives the Public
Now available at: https://archive.ph/qAYCt
https://dunsmoorlaw.com/2024/08/08/part-vii-the-university-of-surrey-how-cal-evans-of-gresham-international-deceives-the-public/
NOT SUBJECT TO THE DMCA TAKEDOWN NOTICE
PART VIII: Cal Evans’ Disgraceful Attempt to Use the DMCA to Remove Content on this Website & His New Signature Line
Now available at: https://archive.ph/t12gL
https://dunsmoorlaw.com/2024/09/09/part-viii-cal-evans-disgraceful-attempt-to-use-the-dmca-to-remove-content-on-this-website-his-new-signature-line/
Understanding Basic Due Diligence: The American Bar Association is NOT a Regulatory Authority
Now available at: https://archive.ph/SudRN
https://dunsmoorlaw.com/2024/06/25/understanding-basic-due-diligence-the-american-bar-association-is-not-a-regulatory-authority/
Understanding Basic Due Diligence: LSAT & LNAT Admissions Exams
Now available at: https://archive.ph/dxsPu
https://dunsmoorlaw.com/2024/07/26/understanding-basic-due-diligence-lsat-lnat-admissions-exams/
NOT SUBJECT TO THE DMCA TAKEDOWN NOTICE
Understanding Basic Due Diligence: How Cal Evans’ is Trying to Bury Negative Articles using Medium.com
Now available at: https://archive.ph/bbbcQ
https://dunsmoorlaw.com/2024/08/26/understanding-basic-due-diligence-how-cal-evans-is-trying-to-bury-negative-articles-using-medium/
NOT SUBJECT TO THE DMCA TAKEDOWN NOTICE
Understanding Basic Due Diligence: How Cal Evans is Trying to Bury Negative Articles using Quora
Now available at: https://archive.ph/8XnnP
https://dunsmoorlaw.com/2024/08/27/understanding-basic-due-diligence-how-cal-evans-is-trying-to-bury-negative-articles-using-quora/
NOT SUBJECT TO THE DMCA TAKEDOWN NOTICE
Understanding Basic Due Diligence: How Cal Evans of Gresham International has Created Fake Twitter and Crunchbase Profiles To Disrupt Search Results
Now available at: https://archive.ph/9qlIU
https://dunsmoorlaw.com/2024/08/29/understanding-basic-due-diligence-how-cal-evans-of-gresham-international-has-created-fake-twitter-and-crunchbase-profiles-to-disrupt-search-results/
ALL THIS CONTENT WILL BE BACK LIVE ON 12:01 AM EASTERN TIME SEPTEMBER 25, 2024 ON DUNSMOORLAW.COM! Or sooner, if allowed by my injunction. 🙂