Dutch report: update
a.r.s., October 18, 1995
From: email@example.com (Karin Spaink)
Subject: DUTCH report - update
Date: Wed, 18 Oct 1995 12:42:44 GMT
As of now, there are over ninety Fishman-homepages.
Nauta Dutilh, CoS' legal representative in this matter, has sent letters again. This time their letter is accompanied by a huge pile of copies of the "US copyright notices".
An interesting part of their letter is that they now only object to page 60 - 123 of the Fishman Affidavit, that is, to the parts taken from OT I - OT VII. Seeing that they do not protest against OT VIII, the Dutch branch of CoS apparently confirms to Cooley's statement that OT VIII is a forgery.
While all this legalese was going on, a CoS-guy from California was flown in last week - Allan Cartwright. Anybody heard of him?
Cartwright has been heard to say that he's here 'to fix this thing'. For the past few days, he's been busying himself calling providers and trying to have a meeting with the participating member of parliament, Oussama Cherribi (who graciously allowed him to have a short conversation with his personal assistant, who told him Cherribi wouldn't comply). Cartwright is obviously trying to wear people & providers down, hoping that some will give up.
All phone-conversations are more or less along these lines:
Cartwright: 'These pages are a copyright infringement. You must remove them and cancel the accounts of these infringers.'
Provider X: 'We never remove our users' homepages. Please file a complaint with the user you mentioned. No, of course we won't give you his or her name and address; we'll only do so by court order.'
Cartwright: 'But our lawyers.."
Provider X: 'Please address yourself to our lawyer.'
Provider X: 'No comment.'
Cherribi and I are still the only people who have received letters from Nauta Dutilh. We are therefore eligible for a lawsuit, and easier targets than providers (no hassle involved about whose responsibility homepages are etc.)
Cartwright has allegedly stated that he needs to be back (i.e. return to California) next week.
We are still wondering whether they'll see things through.
After which firstname.lastname@example.org (Jon Noring) wrote:
> In article email@example.com writes:
> > Cartwright has allegedly stated that he needs to be back (i.e. return
> > to California) next week.
> > We are still wondering whether they'll see things through.
> CoS might be waiting for the judge in the U.S. to order the permanent sealing
> of the Fishman Affidavit as they have asked, before launching a full-scale
> legal blitzkrieg in the Netherlands. It is unclear which way the judge will
> rule on this matter.
> If the judge rules to seal the affidavit, expect CoS to come in with all guns
> blazing, both legal and PR (they have no choice but to do so).
By now, I have learned that Cartwright is high in OSA and has pulled some stunts before. It might indeed be the reason why he must be back next week.
If anybody has any information as to the whens & whats of the sealing of the affidavit (it's U.S. District Judge Harry Hupp in Los Angeles who has ordered the temporary sealing, I was told), I'd love to hear about it.
Copyright Karin Spaink.
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