From hall-admin@pinch.com Fri Sep 19 21:16:55 2003 Date: Fri, 19 Sep 2003 20:39:44 -0700 (PDT) To: Jim Longnecker From: Ed Anderson Subject: Re: Hall of PShame review - Say Goodbye to Psoriasis Message-ID: To: Jim Longnecker Valley Oaks Drive Corp 1145 Orchard Park Circle Pflugerville, TX 78660 Mr. Longnecker, After careful consideration of your email, and consultation with advisors, it is clear that you are either making intentional misstatements, or you are seriously misinformed. I invite your lawsuit. Please contact your lawyer immediately, as I have additional demands that require your legal attention. Yes, you are in the Hall of PShame. The review is likely to be permanent. You should indeed update your website. You will also need to revise the ebook. You are wrong about several points of copyright law. My links and comments do not infringe on your material at all. I do not use your content, I merely refer to it. Regardless, there is a legal term called "fair use" which would allow to except portions for any number of reasons. You should read the actual laws. Your ebook does willfully infringe on my own copyright, and also that of the NPF publications. You have taken an entire large work of mine, the Skin-Cap FAQ page, and included in your book as a supplement "chapter". You have labeled it as your "report", when in fact it is not. That is clearly obvious since you left in the protion where I identify myself as the author. You have not only taken my work, but you have destroyed its usefulness. The page refers via hyperlinks to many outher sources of information, but you have erased all the hyperlinks leaving only the titles of the links. The titles alone don't give anough info to pursue the necessary references. The page only works live from my web site, in its entirety. It is useless when encapsulated into a printable .pdf document, as you have done. Lack of a copyright claim certainly does not infer that any published material is in the public domain. It must be specifically released that way, in writing. Given all the two pages of copyright legalese on your own website, any reasonable person would assume that you know this already. You are not simply infringing my copyright, you are willfully infringing it. I gave you public notice of that, and your reponse is that you still don't plan to remove the infringing content, unless I "have a problem with that". In case you are still unsure, I hereby demand that you cease and desist from any and all publication of my copyrighted material. In addition, I demand payment in proportion of the infringing content. Since my material constitutes 10 pages of your 50 page document, that would be a minimum of 20% of your gross proceeds. This is not a claim for damages, which would be added to that amount in case you wish to proceed to a court hearing. That money will be donated by me to the National Psoriasis Foundation, if it is any consolation. I can only suggest that you additionally owe the same amount to the NPF for your misuse of their 10 pages of "It Works For Me" content. I find it incredible that the NPF has given permission for you to republish their copyrighted work. They would certainly require their own copyright on the content, at a minimum. You have stripped that off and claimed it for your own. That you admit your sources merely confirms that you are willfuly infringing. I suggest that you look up the federal penalties for that. In my opinion, you show a complete lack of ethics and compassion for your fellow psoriatics by attempting to obtain advance payment for a secret "psoriasis cure", which is nothing more than a tip that has helped you personally. The suggestion of soft water has been made publicly before, and discussion of salt baths and diet is abundant. In fact, it boggles the mind that you have attempted to add value to your "cure" by plagiarizing the suggestions that have been freely by others. You're trying to sell not only your advice, but the advice of those who have given it freely to the community. You apparently have little conscience. Because I have no way of verifying whether or not you have complied with my demand to cease and desist, I further demand that you provide me with copies of all current and future editions of your ebook. If this were to proceed to court, you would be required to show the evidence there (at much greater expense). In addition, I have no way to confirm your gross sales. You must therefore provide me with copies of your sales records, so that I can verify that the amount you are sending is correct. Again, you would have to provide those to the court, should you choose not to settle directly. Note that I am aware of several of your sales, all of which I expect to be included in your complete sales documentation. I look forward to hearing from your attorney. In anticipation of that, and to expedite your payment, please send any hardcopy correspondence to this address: Ed Anderson Psoriasis Hall of PShame 784-A Dolores LN San Francisco, CA 94110-2201 Most Sincerely, Ed Anderson On Tue, 16 Sep 2003, Jim Longnecker wrote: > Hello, > > I see I made your hall of pshame afterall. Guess I'll have to update my > website. > > I suggest you take your link to my ebook off your web page immediately. > Yes it is copyrighted and your posting of such is illegal and opens > yourself to a lawsuit. Your description of items in the book is also a > copyright infringement. > > If you have a problem with the review on skin-cap, I will remove it. > There was no copyright information on the page(s) so it appears to be in > the public domain. > > The information from NPF has been included in my book with their > permission. > > My next email is to my attorney. Expect to hear from him soon regarding > the copyright infringement that you are so blatantly publishing on your > web site. > > Jim Longnecker > > ---------------------------------