From braintree!news.sprintlink.net!news.uoregon.edu!tank.news.pipex.net!pipex!howland.reston.ans.net!news.nic.surfnet.nl!sun4nl!xs4all!usenet Fri Sep 29 09:34:16 1995
From: email@example.com (Karin Spaink)
Subject: Re: DUTCH PROTEST: a provisional report
Date: Tue, 26 Sep 1995 01:07:31 GMT
Organization: St. Passie Beheer
X-Newsreader: Forte Free Agent 1.0.82
firstname.lastname@example.org (Karin Spaink) wrote:
> By now, Astrolab, Cistron and I have received e-mails from someone
> stating to be Helena Kobrin, lawyer on behalf of RTC.
To: Helena Kobrin
From: email@example.com (Karin Spaink)
Subject: Re: your mail
Date: 25-09-95, 18:56
Hello Ms. Kobrin
First of all, let me thank you for your mail.
You wrote informing me that you are the legal representative of RTC.
But as you may know, anyone can claim to be anybody on the net;
therefore I would like to have some evidence that you are indeed who
you claim to be. A more particular reason is that, during the past few
weeks, I have seen quite a lot of illegal cancel-messages that
originated from the provider you are mailing from, netcom. I would
very much like to be *sure* that you are indeed Helena Kobrin and the
legal representative of RTC.
> I have been informed that you have uploaded a file containing some
>of these copyrighted, unpublished materials, at the World Wide Web
>site http://www.pi.net/~kspaink without the authorization of my
>client, who, of course, would not have given such authorization had it
>been requested. This action violates my client's legal rights in that
>it is the unauthorized making of an electronic copy of the copyrighted
>materials and the unauthorized disclosure of trade secrets materials.
I have reviewed both your request and the material contained in my
homepage at pi.net. To the best of my knowledge, the file contains
nothing but a court-document. Indeed it does include some material
that is copyrighted by RTC; but as they were included in that
document, they may be published as part of that document. Would you
please be so kind to forward me any material that proves me wrong? In
that case I would most certainly remove the uploaded material, whether
you are Helena Kobrin or not.
Of course I will *never* publish copyrighted material of RTC other
than that made public by the court. I am a writer, and am thoroughly
aware of the importance of copyright and copyright laws.
> These actions constitute violations of the United States Copyright
>laws entitling my client to damages and injunction. We have also been
>informed by our colleagues in Holland that this is a copyright violation
>which is punishable under Dutch laws.
It is not. Dutch law states, as I think laws in your country do, that
court-transcripts and court documents are public material.
> If you are unwilling to remove these materials, please provide your
>mailing address and/or telefacsimile (fax) number so I can follow up
>this notification with a letter.
Under Dutch law I am not obliged to give you such information. But
again, if you show me that parts of the file uploaded at my homepage
were not part of the *original* Fishman Affidavit (the copy I have may
of course have been tampered with before) I will immediately remove
them, whoever you are.
It would be a great help to me if you would send me the orginal
copy. That would enable me to compare both files and see if any of the
material on my homepage is out of bounds.
> My client is prepared to take all necessary legal actions to
>protect its rights in these materials. We would however, much prefer to
>resolve this matter with you amicably if you are willing to do so.
I am indeed willing to discuss this amicably, as I hope I have showed
in the above.
There's just one point left that I would like to discuss. I would
appreciate it very much if you would direct all correspondence *only*
to me. My provider is in no way responsible for what I upload on my
homepage, nor do they have the right to interfere with my postings
(unless it is a spam or a chainletter); only I am.
For that reason, I was not much pleased to hear from Planet
Internet that you - or anyway, somebody claiming to be you - wrote
them e-mail asking them to *both* cancel the message in which I
announced my homepage *and* asked them to stop my account. I think it
is *very* bad manners, and an infringement on both my copyright to the
message and my freedom of speech.
I can only say that I hope that the e-mail received by Planet
Internet was indeed a forgery. Such actions are a testimony to poor
Oops... I just caught a Fish at PI-net!
Go look at http://www.pi.net/~kspaink