Ind-Movement.org
The Lawsuit: Case News Notebook

2002.07.18
More detail:

As I said a few days ago, this round, this case, draws to a close, I think, at least for now:

On June 12th, after sifting through a blizzard of paper and sitting through two hearings, U.S. Magistrate Judge Shaffer made his recommendations. The gist of it went like this: he granted both remaining Defendant's motion to dismiss for lack of personal jurisdiction, and he denied the Plaintiff's erroneously-named motion for "interlocutory injunction".

The magistrate's recommendation, archived at http://www.ind-movement.org/lawsuit/pdfs/020617_recommend_on_mtd.pdf noted that "It is difficult to believe that a reasonable Internet user would conclude that the disparaging remarks on Defendant's web sites regarding Plaintiff's churches and leaders were endorsed by Plaintiffs or that such remarks would likely cause confusion as to their source." (p. 18).

His recommendation went further to defend fair use and freedom of speech on the Internet: "Plaintiff's request for injunctive relief sweeps too broadly under the guise of protecting Plaintiff's alleged copyrights. Applied literally, Plaintiffs motion would prevent Defendants from using Plaintiffs' service mark even under circumstances that would not be commerical in nature, or would not be likely to cause confusion, or that might be protected under the fair use doctrine. ... Fair use is also a limitation on a copyright owner's exclusive right to reproduce copyrighted works. ... As a practical matter, it would be extremely difficult for this court to fashion an order that would be certain not to chill protected speech." (p. 20)

On June 24th, the Plaintiff's objected to the magistrate's findings. This objection is posted at http://www.ind-movement.org/lawsuit/pdfs/020620_pls_object_to_%20recom.pdf

Finally, on July 5th, U.S. District Judge Miller made his brief ruling. Rather than deal with the Plaintiff's June 24th objection, Miller granted Defendant Griffith-Mair's motion to dismiss for lack of venue -- which automatically covers all Defendants -- and he denied Plaintiff's request for "interlocutory injunction". Miller's ruling is posted at http://www.ind-movement.org/lawsuit/pdfs/020705_order_on_recommend.pdf

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One comment I wish to make on Magistrate Judge Shaffer's recommendation:

While some of the remarks on my website regarding the Plaintiff churches and leaders may seem "disparaging", I stand by them, because they are quite true.

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I'm glad Judge Shaffer expressly told the Plaintiffs during the two hearings that he would not entertain any further attempts to add ISPs and their upstream providers to this case. You see, the Plaintiffs not only tried to add as a new Defendant the upstream provider of my new ISP, but also harassed the Electronic Frontier Foundation (EFF) itself since the owner of my new ISP has his day job with them.) It is unclear, though, to me what will happen regarding the defaulted-Defendant ISP "Direclynx".

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One last thing: The original Politechbot posting trigger some serious discussion on one of the Harvard Law School "OPENLAW" Discussion Lists, particularly about the Plaintiffs complaint that posting the Cease & Desist letters they sent violated their copyrights:

  • http://eon.law.harvard.edu/archive/dvd-discuss2/msg16935.html
  • http://eon.law.harvard.edu/archive/dvd-discuss2/msg16950.html
  • http://eon.law.harvard.edu/archive/dvd-discuss2/msg16969.html
  • http://eon.law.harvard.edu/archive/dvd-discuss2/msg16972.html
  • http://eon.law.harvard.edu/archive/dvd-discuss2/msg16975.html

    2002.07.18
    This case makes Politechbot again.

    2002.07.15
    A truly belated welcome to readers of Harvard Law School OPENLAW discussion lists !

    2002.07.08
    I WON (at least this round) !!! On Fri. July 5th Judge Miller made his rulings. He granted both remaining defendants's motions to dismiss. And he denied the plaintiff's erroneously named motion for interlocutory injunction.

    It remains to be seen where things go from here.



    2002.06.06
    On Tues. June 4th, a second hearing was held in this case. Magistrate Judge Craig B. Shaffer said he was "taking under advisement" both Griffith-Mair's motion to dismiss for lack of jurisdiction [see 85-1] and Begonja's motion to dismiss for lack of jurisdiction and to quash service of process [see 22-1 and 22-2].

    During the almost two-hour long hearing, Shaffer spent a lot of time pressing Mr. Gallinger and plaintiff Mr. James to provide facts to buttress their claim that the Denver court has jurisdiction in this case, but they seemed unable to provide any.

    At the end of the hearing Shaffer announced the court will issue a recommendation to dismiss for lack of jurisdiction.



    2002.05.08
    The next big event for this case will be Tues. June 4th, 2 PM MDT in Magistrate Judge Shaffer's courtroom.

    I will comment more about what happened on Tues. April 23rd at another time. But I will say that the scoundrel Mr. James and his like-minded attorney, Mr. Gallinger, did appear in person. My two attorneys also appeared in person, and Bp. Mair appeared by telephone.



    2002.04.20
    Tuesday April 23rd is shaping up as the first actual day in court for this case: the lawyers and Magistrate Judge Shaffer will meet to discuss this case. Judge Shaffer has denied the motion by the bullies' lawyer, Gallinger, to participate on April 23rd by phone -- Shaffer has ordered Gallinger to show up live and in person. Here's the punchline from Shaffer's order (yes, it was in ALL CAPS):
    THE PARTIES ARE ORDERED TO APPEAR ON APRIL 23, 2002 AT 2:00 P.M. 
    IN COURTROOM C-341 OF THE UNITED STATES DISTRICT COURT, DENVER AS
    PREVIOUSLY ORDERED.
    

    I hope the legal meter will be running for the bullies as Gallinger makes that 90-minute drive up to Denver from C-Springs, and that 90-minute drive back.

    I also hope Judge Shaffer will read Gallinger the riot act for the utterly demonic, hateful, defamatory, vexatious and harassing tactics of his twin-bully clients.



    2002.04.04
    My attorneys filed two more pleadings today in attempt to force the plaintiffs CEC and THEOCACNA comply with the local rules of the court, and to try to protect my new ISP from harassment by Mr. James, Mr. Prentice, CEC and THEOCACNA. I've also included today on the PDFs page two pleadings by Mr. Perkel himself.

    2002.02.28
    Three documents came from forth from the court clerk today, and I don't know what to make of two of them: the two "entry of default" pleadings for Direclynx and Bp. Griffith-Mair. The third one, I do understand.

    2002.02.27
    Welcome to readers of Declan McCullagh's Politech !

    My attorneys filed three pleadings and one exhibit with the court today: a declaration, a motion to strike plaintiff's motion for interlocutory relief and a motion to dismiss for lack of personal jurisdiction and to quash service of process.



    2002.02.26
  • Plaintiffs prematurely declare victory.

    2002.02.21
  • Ind-Movement.org web site back online at another, more CJ3-proof ISP.

    2002.02.14
  • Web2010/Hostcentric rolls over and plays dead in response to CJ3; Ind-Movement.org web site goes temporarily off the air.

    2002.01.28
  • Plaintiffs re-file, this time with "amended" lawsuit.

    2002.01.28
  • Judge Miller dismisses case for improper formatting, etc.

    2002.01.22
  • The twin abusive plaintiffs file baseless, vexatious and frivolous lawsuit against Fr. Tony Begonja and his ISP, Web2010/Hostcentric (and Bp. Mair and his ISP, Direclynx).


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    Copyright © 2002 by The Very Rev. Tony Begonja.   All rights reserved.
    Page last updated 14 Aug. 2002.
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