Thread in question: http://www.fairfaxunderground.com/forum/read/40/532295/532295.html#msg-532295
New thread in question: http://www.fairfaxunderground.com/forum/read/40/599554.html,page=all

Image in question: http://www.fairfaxunderground.com/forum/file.php?40,file=30859,filename=Sunflower-Girl.jpg

Mirror of image: http://www.dusttoashes.net/All.php?show=256&page=1&details=0

Action taken: Removed the one specific image referenced. Left all others as it cannot be proven they were actually taken at the Burning Man Festival.

PDF of complaint (new, 7/2/11): Fairfaxunderground.com DCMA notice and C&D.pdf

My response to PDF DMCA complaint (new, 7/2/11): response-20110702-1045.txt

DMCA Complaint:
Date: June 16, 2011
 
 Recipient Information
  Carpathia Hosting, Inc.
  21000 Atlantic Boulevard, Suite 500
  Dulles, Virginia 20166
  Email: abuse@carpathia.com
         (703) 840=3900
 
 Sender Information
  Black Rock City, LLC
  Attn: Andrea Grace, Communications
  PO Box 884688
  San Francisco, CA 94188
  Email: andie@burningman.com
         (415) 865-3800
 
 Sent via E-Mail
 
 DMCA Rules (http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:)
 
 Signature: Physical or Electronic signature of Authorized Person Delivery:
 Mail, Fax or Email
 
 To Whom It May Concern:
 The following information is presented for the purposes of removing web
 content that allegedly infringes on our copyright per the Digital Millennium
 Copyright Act. We appreciate your enforcement of copyright law and support
 of our rights in this matter.
 
 Be aware that if you ignore this notice, you (as a Provider covered by the
 Digital Millennium Copyright Act) forfeit the Act's immunity from monetary
 damages, which range from $750 to $30,000 per work infringed and up to
 $150,000 per work for willful infringement. Attorney's fees and costs can
 also be recovered.
 
 What you (the Provider) need to do now:
 
 1) reply to the Complainant (Us) and /or the Authorized Agent thereof that
 this notification has been received, within 24 hours.
 
 2) send your customer written notification, along with a copy of this
 notification, requesting removal of the infringing material and requiring
 confirmation of the removal be sent to you (the Provider) within 24 hours;
 
 3) disable access to the infringing material or the customer's account if
 the customer fails to remove the infringing material and/or fails to inform
 you (the Provider) of the removal within 24 hours of notification;
 
 4) send the Complainant (Us) and /or the Authorized Agent thereof notice of
 the customer's counter notification and your (the Provider) intent to
 re-enable access to the material or the account within 14 days of your (the
 Providers) receipt of any customer counter notification, assuming the
 counter notification meets the requirements of the DMCA Act.
 
 Identification of Infringed Material:
  Photograph of copyrighted artwork.
 
 Be aware that these are blatant and obvious examples and are not necessarily
 a complete list of all alleged violations. We require that all alleged
 copyright violations be removed from the website in question and the onus is
 on the infringer to locate and remove all alleged copyright violations of
 the complainant.s intellectual property.
 
 Be further aware that simply making a few changes (such as changing a name
 or rewording or reformatting some text) is not sufficient to remove the
 rights of the complainant. The alleged offending materials (or website) must
 be wholly removed.
 
 Website: WWW.FAIRFAXUNDERGROUND.COM
 
 Violation Description:
 
  Burning Man is a private event.  Entry to the event is limited to participants
  that have purchased tickets through the Burning Man website or at limited resale
  outlets.  Each ticket specifies the terms and conditions of attending the event.
  One of these terms and conditions limits the use of photographs taken at the
  event, and bans any commercial use of photographs without prior permission.  By
  entering the event gate, a photographer agrees to these terms and conditions.
  Terms and conditions of entry are a legally binding agreement. 
 
  As part of the same terms and conditions, participants appoint Burning Man as their
  representative, acting on their behalf to protect their intellectual property
  and privacy rights.
 
  FAIRFAXUNDERGROUND.COM currently hosts photographic images taken at the Burning
  Man event.  We request this DMCA action as the legally appointed representatives
  of the original photographer(s) copyrights.
 
  The offending material may be found at:
    http://www.fairfaxunderground.com/forum/read/40/532295/532295.html#msg-532295
    http://www.fairfaxunderground.com/forum/file.php?40,file=30859,filename=Sunflower-Girl.jpg
 
  However, the violations may not be limited to those pages.  All offending material must be
  removed in order to comply with this DMCA request, regardless of whether it is specifically
  named in this request.
 
 
 Copyright Owner Contact Information
 
  Black Rock City, LLC
  Attn: Andrea Grace, Communications
  PO Box 884688
  San Francisco, CA 94188
  Email: andie@burningman.com
         (415) 865-3800
 
 Copyright Infringers WhoIs Information:
  Registrant: Cary Weidemann
              4031 University Drive #419
              Fairfax, VA 22030
              (703) 592-6498
 
 Copyright Owners Statement:
 
  I have a good faith belief that use of the copyrighted materials described
  above on the allegedly infringing web pages is not authorized by the
  copyright owner, its agent, or the law.
 
  I swear, under penalty of perjury, that the information in the notification
  is accurate and that I am the copyright owner or am authorized to act on
  behalf of the owner of an exclusive right that is allegedly infringed.
 
  Signed on this day, the 16th day of June, 2011,
 
  Andrea Grace