1831 North Bel Aire Drive
Burbank, California 91504
(818) 558-7709
FAX (818) 558-7299
November 19, 2004
Verio
8006 S. Chester Street
Suite 200
Englewood, CO 90012
Legal Department
FAX 303 708 2445
Ms. Dianna Thompson
Dear Ms. Thompson,
I have had Verio as my service provider for about 10 years, currently at a monthly cost of close to $1,000. I deserve far different treatment than your five-page FAXed letter of threat, dated November 18, 2004.
One of the most basic of principles in our justice system is the right of an accused to provide evidence and receive fair hearing. You have become a party of corruption of that legal principle by coming to a conclusion that I am guilty of some copyright infringement, without right of response, and a threat of summary punishment unless I accept your verdict of guilt and expunge the allegedly offending material.
Your threat is, of course, very effective. You threaten to “suspend your account within 3 days if the offending material is not removed.”
That “offending material” was removed at 11:30 AM, yesterday, Thursday, the same day of receipt of your threat, November 18, 2004. In other words I have complied fully with your demand within the demanded time frame. I FAX this letter to you, signed by me, Karl Loren, and also send a second copy by registered mail, return receipt requested. I demand of you a timely response that you have received this notification.
You suggest that your understanding of the applicable law allows that should my account be suspended by you, an appeal by me AFTER the damage has been done is possible. You do not suggest any means by which I can contest before any such suspension. Since I have more than 100,000 pages hosted by Verio, and have an active eCommerce business with daily orders and messages from customers, your suspension would, if done, cause irreparable harm.
I have had no choice other than to comply with the demand.
I want you to know that the material referenced by Mr. Morgenthaler as “offending” is covered completely by the “fair comment” portion of the Copyright Law, and that my “fair comment” on that web page was interspersed among the various false statements made by Mr. Morgenthaler. The “public” is the loser in this. I am a recognized authority on the subject under consideration. Mr. Morgenthaler is not only NOT any form of expert, he falsly quotes another quite-acceptable authority, my friend Dr. Gary Gordon. Mr. Morgenthaler has a web-evidenced history of promoting dangerous drugs. He is not a good man! My use of his material, plus my fair comments are exactly what the basic law on copyright provides for.
I will continue to exercise my Free Speech rights by publishing my opinions about Mr. Morgenthaler and this event, including the publication of a copy of this letter from me to you.
I believe Verio has caved into a bad law and therefore become a party to the act – using non-judicial punishment as a means to extort improper results. Obviously, your power and force exceed what I can fight in these circumstances, but you cannot possibly expect to keep happy customers when you act this way.
The information provided in this letter is true and accurate, to the best of my belief, and under the penalty of perjury. I repeat MY demand of your acknowledgment of this message.
Sincerely,
Karl Loren
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