cc: alt.religion.scientology,alt.clearing.technology
Paul Wagner, counsel for Lightlink
Ava Paquette, counsel for RTC Dear Paul and Ava, For your information, I have deleted the 4 postings from our system that were posted through our system, I did this yesterday at 12:15pm. I did not delete the posting that was not posted through our system.

I have not issued cancels for any of the postings pending recommendations of our counsel. The reason for this is lack of clarity on ownership of postings once they have left our system. If our counsel recommends we cancel them, I will.

Since this is a public gateway, and since this kind of thing is bound to happen to again, I desire that we come to some mutual agreement so these incidents can be handled in an expeditious manner in the future.

I can not be deleting posts that are fair use, but I also can not be put in a position of having to determine what is fair use and what is not.

It is also unacceptable for the RTC to take advantage of this situation and try to force me to cancel postings that are in fact fair use, just because they don't like them. We have had this happen before.

Therefore we need a private out of court informal agreement as to what is fair use and what is not, and an ability to guickly judge postings that may violate this agreement. If this can be posted to the newsgroup, then we can get the agreement of the participants to stay with in the rules or suffer having the postings deleted and canceled forthwith.

I will at no time be held responsible for monitoring the group, and/or premptively removing postings without being directly requested to remove them by e-mail from counsel for the RTC even if it is clear that I know about them. E-mail need only list Subject lines and message-id's, not full headers.

I will respond as best I can to e-mailed requests to delete or cancel postings, providing we have in place the above mentioned clear cut agreement on what constitutes fair use and what does not.

I also will not remove or cancel postings of any nature that were not posted through our system without full due process.

I look forward to a mutually satisfactory resolution of these issues and a continued productive relationship.

Homer > Dear Ms. Paquette:
>
> Thank you for your e-mail of May 21, 2000. Kindly fax the relevant
> copyright registrations to the telefax number below. I will respond to your
> request shortly after I have reviewed this matter with my client.
>
> Paul E. Wagner, Esq.
> Brown, Pinnisi & Michaels, P.C.
> 118 North Tioga Street, Suite 400
> Ithaca, New York 14850
> Tel. (607) 256-2000
> Fax (607) 256-3628
> e-mail wagner@bpmlegal.com

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