Pesach Lattin and the Law
Bruce Baugh
(Note: followups are set to rec.games.frp.industry.)
In light of the sundry controversies here between Pesach Lattin and
others, I thought the following might well be of interest.
=-=-=-=-=
From: gfa...@panix.com (Gary Farber)
Newsgroups: rec.arts.sf.fandom,rec.arts.sf.written
Subject: Pesach Lattin And The Law
Followup-To: rec.arts.sf.fandom
Date: 14 Aug 1997 14:13:45 -0400
FOR IMMEDIATE RELEASE
New York, NY
August 13, 1997
James Macdonald and Jeffry Dwight have today filed suit against Carlos
V. "Pesach" Lattin, for deliberately sending mass amounts of
unsolicited bulk electronic mail under their online names.
Macdonald--who is known on the Internet as "yog"--and Dwight operate
SFF Net, a commercial online Internet service, for use by science
fiction and fantasy literature professionals and fans. Lattin operates
"Sphere Online Publications," also an online service aimed at the
fantasy literature community.
Sending unsolicited commercial e-mail, popularly known as "spam," is
considered abusive and offensive in the online world. Being identified
as a spammer can destroy a person's reputation on the Internet. Two
bills are currently being considered by the US Congress to make spam
illegal and provide heavy fines for sending it.
Early in 1997 Lattin began to post via the Internet, both in public
and in private, that he found SFF Net "offensive." In April, a writer
promoting her work via both SFF Net and Sphere reported that Lattin
asked her to stop using SFF Net. That request was declined. The next
day, on April 13, SFF Net began receiving hundreds of e-mail messages
that had been "bounced" from invalid Internet addresses. It became
immediately clear that a large transmission of unsolicited commercial
e-mail had been sent bearing Macdonald's Internet address as its
return address. The spam letters recommended Sphere as a fantasy site.
Those messages also stated that they had been sent by Macdonald under
his "yog" identity. At the same time the bounced messages began
arriving at SFF Net, a large number of other e-mail messages, ranging
from angry to obscene, began to arrive from people who had received
copies of the spam transmission and, under the mistaken belief that
"yog" had sent them, were upset with Macdonald and with SFF Net for
having "spammed" them. In fact, neither James Macdonald nor Jeffry
Dwight was connected in any way with the spam transmission of April
13, 1997.
Since April, Macdonald and Dwight have labored to undo the damage done
to their online, commercial, and personal reputations by the forged
spam transmission. They also sought to uncover the true identity of
the sender. The headers on the returned e-mail showed the Internet
Service Provider of the actual originator. When that ISP refused to
reveal the name of the author of the forged spam without a court
order, Macdonald and Dwight hired an attorney. A court order was
obtained, and the ISP's records were released. Based on those records,
and upon related investigations, Macdonald and Dwight have brought
their suit against Lattin, naming him as the sender of the spam
transmission of April 13, 1997.
Macdonald and Dwight's suit alleges causes of action in trademark
infringement, unfair competition, defamation, deceptive trade
practices, false designation of origin, and --possibly of greatest
significance to the online world--under a New York statute that
prevents misappropriation of a person's name for a business purpose.
Because James Macdonald is known all over the world by his Internet
name of "yog," the suit seeks to bring that name within the same legal
protection as is given by New York law to any other person's name. The
suit asks for damages in compensation for unlawfully earned profits,
actual damages to Macdonald and Dwight, attorney's fees, and punitive
damages of $250,000.
Inquiries should be directed to the plaintiffs' attorney, Stevens R.
Miller, 427 Third Street, Brooklyn, New York, 11215-2801, (718)
832-9725.
The complaint is also online.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS COUNTY
Index Number 27285 / 97
--------------------------------------
James Macdonald
Jeffry Dwight,
Plaintiffs
- against -
Carlos V. Lattin,
aka "Pesach Lattin,"
aka "Pesach CV Lattin,"
Defendant.
--------------------------------------
Plaintiffs, by their attorney, STEVENS R. MILLER, complain of the
defendant and allege upon information and belief as follows:
1. Defendant is, and was at all times mentioned herein, a resident of
Kings County, state of New York.
2. Plaintiff James Macdonald is, and was at all times mentioned
herein, a resident of Coos County, State of New Hampshire.
3. Plaintiff Jeffry Dwight is, and was at all times mentioned herein,
a resident of Collin County, State of Texas.
4. Plaintiff James Macdonald is a professional writer of, among other
things, science fiction and fantasy novels.
5. Plaintiff Jeffry Dwight operates a commercial service business
under the name of "Greyware Automation Products." Its services are
associated in the state of New York, and other states, with the name
"Greyware."
6. At all times mentioned herein, the defendant was aware of the
association between the name "Greyware" and the services provided by
the plaintiffs.
7. Plaintiffs James Macdonald and Jeffry Dwight together operate an
on-line commercial Internet service associated in the state of New
York, and other states, with the name "SFF Net," which provides
Internet resources to paying customers.
8. At all times mentioned herein, the defendant was aware of the
association between the name "SFF Net" and the services provided by
the plaintiffs.
9. Plaintiff James Macdonald uses the electronic mail address
"y...@greyware.com," and is known throughout a large part of the
on-line Internet community as "yog."
10. At all times mentioned herein, the defendant was aware that
plaintiff James Macdonald used the electronic mail address
"y...@greyware.com" and that he was known throughout a large part of
the on-line Internet community as "yog."
11. A substantial percentage of the Internet community regards the
transmission of unsolicited bulk electronic mail as a discourteous and
contemptible act. Because of this view, electronic mail of this type
is widely known, derisively, as "spam," and those who send it are
referred to, derisively, as "spammers."
12. On or near April 13, 1997, the defendant sent a transmission
(hereinafter, "the transmission"), probably to thousands of addresses,
of unsolicited bulk electronic mail, listing several World Wide Web
addresses allegedly of interest to readers of fantasy novels. That
list included "www.sff.net," a valid address for a World Wide Web site
maintained by the plaintiffs, and "www.fantasylink.com," a valid
address for a World Wide Web site maintained by the defendant. One
copy of this mail is attached as Exhibit A.
13. The transmission referred particularly to the plaintiffs' World
Wide Web address, with the words, "Of course, I think that the best is
at http://www.sff.net, but the rest are worth looking at[.]"
14. The vast majority of electronic mail messages comprising the
transmission were falsely and deliberately labeled by the defendant to
make it appear that plaintiff James Macdonald had sent the mail from
plaintiff Jeffry Dwight's computer system, by using plaintiff James
Macdonald's electronic mail address, and marking them "From:
y...@greyware.com", "Return- Path: <y...@greyware.com>", and
"y...@greyware.com sent you this message".
15. Neither plaintiff James Macdonald nor plaintiff Jeffry Dwight
were, either individually or together, responsible in any way for the
transmission, nor was it made with the permission of either or both of
them.
16. Since the transmission was made, the plaintiffs have been forced
to consume in excess of one hundred hours each, which they value at
one hundred dollars per hour, and to devote personal and business
resources to correcting the damage done to their reputations as a
result of people erroneously concluding that the plaintiffs had sent
the transmission. The plaintiffs have received voluminous quantities
of electronic mail, criticizing, insulting, and threatening them, from
people who believed the plaintiffs had sent the transmission.
17. Because the plaintiffs have, prior to the transmission, each
possessed excellent reputations in the Internet community, the
defendant has simultaneously damaged the reputation of each plaintiff,
while unjustly gaining the benefit of his forged endorsement of his
own business.
18. The defendant intentionally used the name "Greyware" to create the
impression upon its recipients that the transmission originated from
one or both of the plaintiffs.
19. The defendant intentionally used the mark "sff.net" to create the
impression upon its recipients that the transmission originated from
one or both of the plaintiffs.
20. The defendant intentionally used the name "yog" to create the
impression upon its recipients that the transmission originated from
one or both of the plaintiffs.
21. The defendant has realized profits as a result of his actions
described herein.
FIRST CAUSE OF ACTION
22. The plaintiffs repeat the allegations of Paragraphs 1 through 21.
23. The defendant is liable to the plaintiffs for unfair competition.
SECOND CAUSE OF ACTION
24. The plaintiffs repeat the allegations of Paragraphs 1 through 23.
25. The defendant is liable to the plaintiffs for false designation of
origin.
THIRD CAUSE OF ACTION
26. The plaintiffs repeat the allegations of Paragraphs 1 through 25.
27. The defendant is liable to the plaintiffs for service mark or
trade mark infringement, or both.
FOURTH CAUSE OF ACTION
28. The plaintiffs repeat the allegations of Paragraphs 1 through 27.
29. The defendant is liable to the plaintiffs for deceptive trade
practices.
FIFTH CAUSE OF ACTION
30. The plaintiffs repeat the allegations of Paragraphs 1 through 29.
31. The defendant is liable to the plaintiffs for misappropriation of
a name for a business purpose.
SIXTH CAUSE OF ACTION
32. The plaintiffs repeat the allegations of Paragraphs 1 through 31.
33. The defendant is liable to the plaintiffs for libel. The
particular words complained of are in Exhibit A hereto.
WHEREFORE, the Plaintiffs demand judgment as follows:
(1) On the first cause of action, judgment in favor of the plaintiffs
and against the defendant permanently enjoining him from knowingly
transmitting any communication attributed by him to either or both of
the plaintiffs; and ordering an accounting and payment of any profits
earned by the defendant as a result of the conduct alleged; and in the
sum of $10,000 actual damages suffered by each of the plaintiffs; and
for the sum of $100,000 exemplary damages on account of the
defendant's intent to injure the plaintiffs.
(2) On the second cause of action, judgment in favor of the plaintiffs
and against the defendant permanently enjoining him from knowingly
offering any product or service attributed by him to either or both of
the plaintiffs; and ordering an accounting and payment of any profits
earned by the defendant as a result of the conduct alleged; and in the
sum of $10,000 actual damages suffered by each of the plaintiffs; and
for the sum of $100,000 exemplary damages on account of the
defendant's intent to injure the plaintiffs.
(3) On the third cause of action, judgment in favor of the plaintiffs
and against the defendant permanently enjoining him from knowingly
making any infringing use of any trade mark or service mark of either
of the plaintiffs; and ordering an accounting and payment of any
profits earned by the defendant as a result of the conduct alleged;
and in the sum of $10,000 actual damages suffered by each of the
plaintiffs; and for the sum of $100,000 exemplary damages on account
of the defendant's intent to injure the plaintiffs.
(4) On the fourth cause of action, judgment in favor of the plaintiffs
and against the defendant ordering an accounting and payment of any
profits earned by the defendant as a result of the conduct alleged;
and in the sum of $10,000 damages suffered by each of the plaintiffs;
and for a reasonable attorney's fee; and for the sum of $100,000
exemplary damages on account of the defendant's intent to injure the
plaintiffs.
(5) On the fifth cause of action, judgment in favor of the plaintiffs
and against the defendant permanently enjoining him from knowingly
using the name "yog" for any business purpose; and ordering an
accounting and payment of any profits earned by the defendant as a
result of the conduct alleged; and in the sum of $10,000 actual
damages suffered by plaintiff James Macdonald; and for the sum of
$100,000 exemplary damages on account of the defendant's intent to
injure the plaintiffs.
(6) On the sixth cause of action, judgment in favor of the plaintiffs
and against the defendant in the sum of $10,000 actual damages
suffered by each of the plaintiffs; and for the sum of $250,000
exemplary damages on account of the defendant's intent to injure the
plaintiffs.
(7) Together with the costs and disbursements of this action,
attorneys fees, and such other and further relief as to this Court may
seem just and proper.
Dated: New York, NY July 29, 1997
STEVENS R. MILLER
Attorney for Plaintiffs
427 Third St.
Brooklyn, NY 11215-2801
(718) 832-9725 3
The plaintiffs have issued a press release.
http://www.users.interport.net/~lex/SFFc.html
http://www.users.interport.net/~lex/SFF.html
--
-- Gary Farber gfa...@panix.com
Copyright 1997 Brooklyn, NY, USA
=-=-=-=-=
--
Bruce Baugh |
ari...@eyrie.org |
"I am what I know, a glacier made from layers of history's snow"
Disturbnce
In article <slrn5v6l90....@eyrie.org>, ari...@eyrie.org (Bruce
Baugh) writes:
> James Macdonald and Jeffry Dwight have today filed suit against Carlos
> V. "Pesach" Lattin, for deliberately sending mass amounts of
> unsolicited bulk electronic mail under their online names.
Go James and Jeffry. If I had the cash, I'd contribute to the legal fund.
I'll be following this case with =great= interest. If it goes through,
it'll establish one heck of a precedent.
Andrew
Jason Hatter
This will be interesting to watch.
--
Jason
http://www.cris.com/~towonder/
RPG stuff currently being revised
Sailor Moon V at http://www.cris.com/~towonder/fanfic.shtml (modified!)