Deep in the
The end of The Juicy Cerebellum?
To everyone who reads this site, things are looking bleak. Yesterday I printed an email I wrote to "Tex." The email contained some of his email, which I responded to. Because of this, he is now claiming that he's going to sue me for "copyright infringement," "harassment," "invasion of privacy," and a bunch of other crap. He also claims he's a lawyer. A lawyer who writes hostile emails, and talks to "toto."
But, in this "lawyer's" mind, not only is he going to sue me, he is going to request that my IP remove my account (therefore I could not do anymore updates). He is also going to "request" that the ISP that runs this site remove it. If they do not comply, he is also threatening to bring them into a lawsuit.
What Tex is doing is wrong. 100% wrong. "Tex" sends me one threatening, harassing email after another, and has the nerve to sue me for it? Not only to sue me, but attempt to take some innocent people who are not involved, down with him? This is a gross violation of free speech. This a gross violation against evolution, and humanity.
If this is for real, I will fight it out in court, and I will get back online, somehow. If worse actually did come to worse, and I am sued for all that I have (hope he likes "Star Wars" figures), and get kicked off the Internet for a few months, I'll email anyone on my mailing-list. If you want to be on the list, I will use a friend's account to email you updates about what's going on. To join my mailing list, simply send an email to email@example.com AND one to firstname.lastname@example.org, with the message "hey, not all Texans are as bad as Tex!"
To wrap this page up, if this is my last update, I'd just like to say, "the big guys suck. The little guys rule, except for the ones that suck. Thanks to every dedicated reader that came to this page. Thanks to all those that helped this page financially, or just by saying, 'your writing really meant something to me.' Don't get into cars with strange people, unless you know them. And never, ever put your fingers in your mouth; you don't know where they've been."
And now . . . the 2 emails that basically state "your site will be destroyed!" Or, as I like to call them, "Alex Goes on Vacation." I wouldn't have picked Texas, necessarily, or a courtroom for my sight-seeing. But, you take what you can get, right?
This letter is to inform you that
legal action will commence with regard to your posting. I
am a member of both the Florida Bar and the Texas Bar, licensed
for several years. I practice in the area of
computer/internet/high technology law. As a result of your
posting of material which I own, you have infringed my right to
the intellectual property which I expressly excluded you from
posting on the site. Your posting of your comments and my
email has resulted in continuing harrasement to my email
Based on these actions, I will take appropriate legal action within 1 day if you fail to remove the posting. If you feel that this is an empty threat, please do not worry. I am not threatening you. I will file suit against both your email provider and your ISP who provides the web site for the server. I have prepared an initial complaint for filing (I stayed up tonight doing it) and do name both you and your ISP. Furthermore, it shall be filed in Texas (in Federal Court based on diversity of jurisdiction or I might file in State Court as they would be more favorable to a resident of Texas). As a result, you will have to travel to Texas to fight the litigation. If you fail to respond within the proper time or fail to defend the suit, I shall seek a default judgement. Furthermore, I shall seek to enforce the jdugement in your home state and file a lien and seize any and all property which you may own. Transfer of property to avoid judgement would not be valid under the Unifrom Fraudulent Conveyance Act. As a result, please be aware that the process has commenced.
I will also seek vigorous discovery and seek documents from your ISP and your employer. This falls within the guidelines established under the procedural rules of the court. In addition, I shall seek documents from AOL as I have received some harrasing email from that ISP. I shall also seek to name some parties to the suit from Hotmail and seek the names of those individuals who have threatened me. Most of all, I shall seek various documents from you.
However, I shall seek a preliminary injunction to bar your site from functioning. You are welcome to come to Texas to defend yourself from this injunction. I will have the injunction enforced in your home state.
Remember, you have one day to remove the material and email addresses from your web site. If you choose not to do that, I would like the address of your attorney to whom I shall serve the documents. This would make the process much faster and he may repsond to my complaint with his reply and any/all counter-claims. I do think that the representatives of your ISP/HOTMAIL/AOL would like to confer with your attorney with regard to the suit. However, please be aware that I am willing to settle my suit with them as long as I get the names and addresses of the people who sent me the harrasing email. I shall then add them as a party to the suit.
I hope you don't think of this as a threat. I don't mean it as such. While you question whether I am an attorney or not, I will reveal myself when the suit is filed and a copy is served upon you/or your attorney. The first matter will be a preliminary injunction. Once suit is filed, I shall not dismiss the action for any reason without appropriate monetary damages.
If you really want to save your web site, remove any and all reference to our PRIVATE email discussions (including Stef.). If you want to play a game of chicken and see if I am for real, then you are playing a foolish game at the risk of your web site.
Govern yourself accordingly!
Member of the Texas Bar
Member of the Florida Bar
Letter # 2:
My understanding is that your email provider is:
I will be naming them as a party
to the suit. If they are your employer, I would advise discussing
this with them. I am going to contact them EARLY TODAY to discuss
the fact that email using their server was sent to me and
discussing to see if you run your web site through their
equipment. In either case, I shall name them as a party to
the suit in order to have access to required documents and will
seek damages from them if they do not shut down your web site. I
am sorry that I have to
do this, but your failure to act properly has resulted in this situation.
I shall be contacting a certain [person] to discuss this issue and further discuss the commencement of legal action.
As I requested in my previous email, please provide me with your attorney's address to make the process of suit easier.
Please govern yourself
That's all he wrote. Dig the "govern yourself accordingly" line? It's just so "manly." In better news: Who's "TEX?" I dunno. None of us do. So, I "infringed" the copyrights of a fictional character? This will be some lawsuit.
TEX: "So, anyway, your honor - I was busy harassing this man on the Internet, under a false name. Making inadvertent death threats. Threatening to put a virus on his machine, etc.. This man actually posted an email that he wrote, containing small amounts of my text. The entire time, only referring to me as "Tex." You see, he doesn't even know my real name. He never even wrote me a letter, unless it was in response to mine. I just picked up and started writing nasty letters to him. I want him to pay for these crimes!"
Judge: "Get out of my courtroom! Quit wasting my time, 'Geek-Boy'!"
Read how this all started in "Deep in the Heart of Tex Part 1"
Go get JUICY!