Re: Stop criticizing or we'll sue you -- and don't you dare post this threat either

[David Farber <dfarber () cs cmu edu>]

Begin forwarded message:

From: security curmudgeon <jericho () attrition org>
Date: October 5, 2007 9:08:14 PM EDT
To: dave () farber net
Cc: ip () v2 listbox com, Paul Levy <plevy () citizen org>
Subject: Re: [IP] Stop criticizing or we'll sue you -- and don't you  
dare post this threat either


Dave, Paul et al;

: In fact, it is apparent that Morris has the decency to be embarrassed
: about his authorship of the letter, because he ended it with a  
threat to
: file a copyright suit if his demand letter was posted online.  This is
: malarkey - posting the letter would be patently protected as fair use.
: Morris told my colleague Greg Beck that he uses this threat routinely,
: and successfully in that nobody has ever posted one of his demand
: letters.

Earlier this year, attrition.org received their 17th legal threat (many
of which were formal C&Ds). In the most recent one, which was posted in
full last night, the lawyer that contacted us took a similar route  
trying
to stop us from posting the correspondence. Quoting from his mail:

  Finally, you threaten to publish our letter, as well as your response
  even though it was sent to you in a manner suggested by you and  
solely
  in an attempt to see if we can amicably resolve this matter.  If you
  elect to publish the letters, please understand you do so without our
  consent and with knowledge that your response contains additional
  defamatory material (asserting that member data was compromised)  
which
  does nothing to resolve, but merely exacerbates, the current  
situation.

Since our original posting did not contain defamatory material, and the
e-mail exchange that followed only repeated what had already been  
posted,
we have ignored this threat. The full correspondence can be seen here:

http://attrition.org/postal/z/legal/medica/

jericho


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