Re: Why my site is closed

[Willem-Jan Markerink <w.j.markerink@xxxxx>]

On 13 Apr 99 at 18:22, Helmut Dersch wrote:

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> 
> The voluntary closing of my site is now starting
> to diminish my reputation. I am getting mail of the
> kind 'If you did not violate their (IPIX) rights, why did 
> you close it?', and worse.
> 
> I have closed my site only to keep damages low. If
> I loose the case, I will have to pay a lot more, if I didn't
> respond to their initial request. And being innocent 
> (which I am IMHO) does not guarantee winning the battle.
> 
> After 4 days of silence I have send a reminder today,
> setting a time limit on Wednesday. I hope I can open
> the site again by then.

Helmut, I don't want to sound cynical, but lawyers don't set 
secondary deadlines.

You really should get some legal advice here, since I am still
strongly convinced they can't do ANYTHING without sueing you on
German soil. If they had a leg to stand on, they would have done so,
but instead they try to lure you into an expensive legal fight
abroad. 
Personally, I would have asked legal advise *before* even taking the 
site down....just imagine you were on holiday, not able to do anything, 
including being unable to read your mail in the first place.

Don't let those damn weasels win so easily, and get a legal second 
opinion soon.
Tomorrow they might send you one from France, a week later one from 
Greece....what will you do then? Take the site down every time?

Sorry to sound cynical & harsh, but I have seen my share of silly
lawyer intimidations, and this is one of them. 

And sue them for the use of your photographs on their site, 
damned!....;-))

(I would love to have started my reply to them with the words: 

"Thanks for bringing the use of my images on your site to my
attention. You will be contacted by my lawyer. Please provide us
with information about the time the image was used, and the amount
of visitors, to calculate a reasonable user fee, plus damages.")





 

--                 
Bye,

Willem-Jan Markerink


      The desire to understand 
is sometimes far less intelligent than
     the inability to understand


<w.j.markerink@xxxxx>
[note: 'a-one' & 'en-el'!]