Dear Sir/Madam,

As a representative of my Client, MOZAIK EDUCATION Ltd. (MOZAIK KIADÓ

Kft.) (6723 Szeged, Debreceni u. 3/B), I am appealing to you with the

following:

On September 24, 2017, my Client was informed by the www.freemozaweb.eu

<http://www.freemozaweb.eu/>website that all 393 mozaWeb books and

exercise books issued by my Client were available for free in PDF and

JPEG formats on a website hosted from yourserver.se servers and

belonging to your technical contact.

Pursuant to the Article 1(1-2) of Act LXXVI of 1999 on copyright, the

publications referred to above are protected by copyright.

In accordance with Article 30(1) of the Act on copyright, the creation

of the publications was my Client’s duty under an employment contract

and my Client acquired exclusive rights of use regarding the

publications, and therefore my Client is entitled to the economic rights

connected to the copyright.

In accordance with copyright protection, my Client has exclusive right

of use of the publication, or an identifiable segment of the

publication, with regard to Article 16(1) of the Act on copyright. My

Client has also an exclusive right to authorise each and every use of

the publications.

As described by Article 35(1) of the Act on copyright, a copy of the

work may be made by a natural person for private purposes if it is not

intended for earning or increasing income even in an indirect way. This

provision shall not apply to architectural works, engineering

structures, software and databases operated by a computer device, as

well as to the fixation of the public performance of a work on video or

audio carrier. Sheet music may not be reproduced by means of reprography

[Article 21(1)] even for private purposes or in the cases mentioned in

Paragraph (4)b) to d).

As described by Article 35(2) of the Act on copyright/, a complete book

and a periodical or daily as a whole may be copied even for private

purposes only by handwriting or typewriter. /

In accordance with Article 42(1) of the Act on copyright, public

copyright licence may be obtained by Copyright License Agreement.

My Client did not grant authorization for use, reproduction and

distribution of the publications, and thus copying of those publications

and giving public access to them is illegal in accordance with Article

16(6) and Article 17-18 of the Act on copyright.

According to Article 385(1) of Law C/2012 referring to the Criminal

Code, with regards to copyright infringement, /a person who infringes

the Copyright Act by causing financial damage or by breaching the

copyrights or other intellectual property rights is punishable by two

years imprisonment./

/(3) If the copyright infringement or intellectual property rights

violation committed results in severe financial damage, the sanction for

the criminal offence is three years imprisonment./

/(4) If the copyright infringement or intellectual property rights

violation/

/a) results in significant financial damage, custodial sentence may

extend from one to five years,/

/b) results in particularly severe financial damage, custodial sentence

may extend from two to eight years,/

/c) results in particularly significant financial damage, custodial

sentence may extend from five to ten years/

/of imprisonment./

Article 7(1) of Law CVII/2001 (Ecom. Law) pertaining to electronic

commercial services and services in relation to information society

states that /service provider is liable for illegal information made

available by said provider./

According to Article 13(1) of Law CVII/2001 (Ecom. Law) pertaining to

electronic commercial services and services in relation to information

society, /proprietor’s copyright and exclusive right as the author of

the copyrighted work, performance, audio recording, program, database

(hereinafter: proprietor) protected by copyright, provided by the law on

the protection of trademarks and geographical indications, have been

violated by the information - not including the standardized address of

the accessible information - made available by service provider, meaning

proprietor may call upon the service provider by notification through

private or public document providing conclusive evidence to remove the

information infringing proprietor’s rights, as stated in Articles 9-11./

With regards to Article 13(4) of Ecom. Law, I hereby

*c a l l u p o n*

you to *take the necessary measures* – while additionally informing your

client(s) who provide the information infringing the rights of my Client

within 3 working days – on not providing access to or removing the

information (and any similar or resemblant information) described in

this letter *within 12 hours *upon receipt of this letter, and declare

that the removal took place on the basis of this notification of my Client.

Please inform me within *8 days upon receipt* of this letter in writing

and with satisfactory proof about the measures described above.

I would like to draw your attention to the fact that my Client has

suffered damages amounting to millions of Forints in loss of revenue due

to the illegally released publications available for download.

Please be advised that, if you have not complied with the above

mentioned requests within the above time frame, my Client shall take

legal action against both you and the infringer with regards to their

claim (damages for material and non-material loss, etc.) in relation to

forwarding, storing, and accessing information made available with the

help of the services you provide.

With reference to the above mentioned, I urge you to expressly refrain

from publishing such or similar products in future, since all such or

similar products are prohibited from entering the public market under

relevant legislation, meaning issuing such or similar advertisements

already constitutes a violation.

Sincerely,

Mozaik Education Ltd.

rep. Hevesi Attorneys at Law -

Dr. Hevesi Márta lawyer