FC: Lawsuit erupts between MAPS anti-spam blacklist and former director

[Declan McCullagh <declan () well com>]

---

Date: Mon, 6 May 2002 18:12:38 -0400
From: Rich Kulawiec <rsk () firemountain net>
To: declan () well com
Subject: [nick () JUSTTHE NET: COURT:  MAPS Sues Former Employee and DUL 
Founder, Gordon Fecyk]

[ I haven't read the entire referenced web site, but so far, it's
fascinating.  ---Rsk ]

----- Forwarded message from Nick Nicholas <nick () JUSTTHE NET> -----

> From: Nick Nicholas <nick () JUSTTHE NET>
> Date:         Mon, 6 May 2002 14:40:12 -0700
> Subject:      COURT:  MAPS Sues Former Employee and DUL Founder, Gordon 
Fecyk
> To: SPAM-L () PEACH EASE LSOFT COM
>
> I have been a strongly outspoken supporter of MAPS for many years.
>
> When I was at pacbell.net I nearly had a heart attack when Paul Vixie
> called in 1997 to warn us that we were about to be listed in the MAPS RBL
> for running unsecured mail servers.  But I supported his actions even
> then.  Indeed, his call was very helpful in speeding up the bureaucracy at
> pacbell.net and getting the unsecured mail servers closed to relaying even
> more quickly.  I appreciated Paul's willingness to work with us on
> resolving our problems.
>
> I wanted pacbell.net to use the MAPS RBL, but instead I was instructed by
> management to compile my own list.  I felt my meager efforts could not
> compare to the quality of the RBL made available by MAPS, but,
> unfortunately, my own wishes were overruled.
>
> When Paul offered me the opportunity to become Executive Director of MAPS
> in December 1998, it was an offer I simply could not refuse, and for the
> next year and a half I was one of the leading cheerleaders for MAPS.
>
> Even though I left MAPS in August 1999, it was an amicable departure.  Soon
> afterwards I was hired as Chief Privacy Officer for a company in the direct
> marketing industry, and I still continued to defend MAPS against its many
> critics in that industry.
>
> Last year I decided to write a book about the history of MAPS.  My intent
> was to focus on the companies that sued MAPS and abused the legal system in
> order to prevent MAPS from exercising its legitimate free speech rights.  I
> wanted to portray Paul and Dave Rand as beleaguered but slightly flawed
> heroes.
>
> However, my opinion of MAPS was forever changed this past April when it
> decided to sue DUL founder, Gordon Fecyk, after Gordon attempted to
> exercise a December 1998 contract he entered into with Paul Vixie in his
> capacity as MAPS CEO.
>
> My overview of this matter, as well as copies of court documents filed in
> the case, can be found at the following URL:
>
> http://www.lawsuitinfo.com
>
> It seems that MAPS has learned a great deal from the lawsuits brought
> against it by Harris Interactive and others, and has adopted the same slimy
> tactics.  In particular, the affidavits filed by Margie Arbon and Anne
> Mitchell are full of factual errors and material misrepresentations.  I
> will add my commentary on these affidavits at a later date.
>
> A hearing will be held in the Manitoba court tomorrow (5/7).  We will add
> additional info as soon as possible.
>
> Gordon may have to sell his car in order to pay his not inconsequential
> legal bills.  Is anyone interested in making a contribution to help Gordon
> with his legal expenses?  If so, please send your contributions to Gordon's
> attorneys at the following address:
>
> Cassidy Ramsay
> 385 St. Mary Avenue, 2nd Floor
> Winnipeg, Manitoba R3C 0N1
> CANADA
>
> Checks or money orders should be made out to Cassidy Ramsay
>
> Be sure to include a note with your contribution stating that it is on
> behalf of Gordon Fecyk in the Mail Abuse Prevention System v. Fecyk case.
>
> All contributions will be placed in a trust fund by the law firm and used
> solely to cover Gordon's legal expenses.
>
> Contributors will receive an acknowledgement from Cassidy Ramsay.  However,
> all contributions are covered by attorney-client privilege, and thus the
> identities of contributors will remain anonymous.  Information about
> contributions *cannot* be obtained by MAPS through the discovery process.
>
> I cannot describe how much it saddens me that it has become necessary for
> me to bring all of these disturbing facts to light, but I think it is
> essential for the Internet community to be aware of what MAPS has
> become.  MAPS is no longer devoting its energy to fighting spam and
> co-operating with others in that fight, but instead is suing a former
> employee who attempted to exercise his legitimate rights pursuant to a
> contract with MAPS. I find it extremely ironic that an organization which
> is currently soliciting donations to its own legal defense fund would now
> be using its limited resources to pursue litigation against a former
> employee.
>
> Regards,
>
> Nick

----- End forwarded message ----- 




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