March 31st, 2010
To Kévin Ouellet

Object: Illegal Usage Of TI Copyrighted Fonts In Omnimaga Website Logo

It has come to our attention that the web site www.omnimaga.org, uses material that violate the anti-circumvention provisions of the Digital Millennium Copyright Act (“DMCA”).  This letter is to notify you, in accordance with the provisions of the DMCA, of these unlawful activities. Pursuant to the safe harbor provisions of the DMCA, we request that you remove any whole or partial reproductions of and/or disable links to the following:

The banner image URL http://www.omnimaga.org/Themes/omnimaga4/images/omnimagabanner2010.png
The banner image URL http://www.omnimaga.org/Themes/omnimaga4NoFixedBG/images/omnimagabanner2010.png
The banner image URL http://omnimaga.org/Themes/omnimaga4/images/omnilogo.gif
The banner image URL http://omnimaga.org/Themes/Omnimaga3/images/omnilogo.gif
The image URL http://www.omnimaga.org/Themes/omnimaga4/images/omnimodlogo.gif
The image URL http://www.omnimaga.org/Themes/omnimaga4/images/omniadminlogo.gif
The image URL http://www.omnimaga.org/oldsite/omnimaga_logo.gif

Texas Instruments Incorporated (“TI”) owns the copyright in the TI-83 Plus & TI-84 Plus Key Fonts. Any unauthorized use of these files is strictly prohibited.
www.omnimaga.org is doing illegal usage of Texas Instruments fonts.  By doing usage of these fonts, www.omnimaga.org has violated the anti-circumvention provisions of the DMCA at 17 U.S.C. §§ 1201(a)(2) and 1201(b)(1).

Please confirm to the undersigned in writing no later than noon on April 1, 2009 that you have complied with these demands. You may reach the undersigned by telephone at (xxx) xxx-xxxx or by email at [email protected]. TI reserves all further rights and remedies with respect to this matter.

I hereby confirm that I have a good faith belief that use of the Illegal Material in the manner complained of in this letter is not authorized by the copyright owner, its agent, or the law, that the information in this letter is accurate, and that, under penalty of perjury, I am authorized to act on behalf of TI, the owner of the exclusive rights in the TI-83 Plus & TI-84 Plus Key Fonts that are allegedly misappropriated using unlawful methods.

Texas Instruments Incorporated

Herbert W. Foster

Manager, Business Services

Education Technology Group

I personally do not understand this, as we have been using these fonts for 6 years on Omnimaga (the first ever Omnimaga forum was open on March 3rd 2004 and the RPG website on April 9th 2004, both of which used the same logo) and the font design is pretty much the same among other brands of calculators and even video games. However, we were forced to obey to this e-mail by taking down all the images mentionned in the DMCA takedown notice.

We will try to investigate with the EFF to see if we were within our rights and if we can counter this DMCA notice. Last Summer, TI sent DMCA takedown notices to various people in the TI community for hosting copies of the factored TI-OS keys online, but then the EFF fought back, TI didn't respond then people were allowed to put their copy back online.

Otherwise, we will have to go back to one of the two first Omnimaga logos (2001 and 2002) or create a new one. This means the banner will also have to be redone.

Texas Instruments appears to have missed a few images containing the logos on the site (on other skins). For now we will keep these online, in case we would win.

UPDATE: Yes it was an April Fools joke. Don't worry, we're fine (unless TI would decide to send us a takedown notice for real?)

Please confirm to the undersigned in writing no later than noon on April 1, 2009 that you have complied with these demands.