Reply to Gina LoSasso

To: fire@prometheussociety.org, mega@yahoogroups.com
From: Kevin Langdon <kevin.langdon@polymath-systems.com>
Date: Thu, 05 Jul 2001 00:23:12 -0700
Subject: [mega] Re: forums

At 02:56 PM 5/6/01 -0400, Gina LoSasso wrote:

> Hello Kevin,
> I hope you had an enjoyable vacation and do hope you share
> some photos.

To come shortly.

> Regarding your recent application and continued participation in
> the forums hosted in affiliation with the Mega Foundation and
> UltraHIQ websites (megafoundation, ultrahiq, megasociety, ctmu),
> we kindly ask your willingness to abide by the terms of our Visitor
> Agreement: www.ultrahiq.net/UltraHIQ/Visitors.html

Your use of the term "mega" in "Mega Foundation," "megasociety,"
and other phrases tends to confuse the public and constitutes laying
claim to a name that is, in fact, the intellectual property of the Mega
Society, which is now in the process of deciding whether to take
legal action to put an end to your misappropriation of our name.
Therefore, I cannot agree with some of the provisions of the
Agreement (see below).

> Specifically, it requires that individuals refrain from threats of
> litigation. We ask that you verify your willingness to do so if you
> wish to continue to have access to Noesis-E

Your appropriation of the name of the journal of the Mega Society
is also a trademark infringement.

> and our various forums by replying to this email with a statement
> to that effect.

I trust that this message makes my position clear.

> We ask for this clarification because we have had problems with
> you in the past and, in fact, you are currently threatening litigation
> related to the content of our Mega Society East forum.

Trademark infringement.

Our concern has nothing to do with the content of your forum, but
with what you call it.

> If you cannot abide by the Visitor Agreement, we ask that you
> remove yourself from any of our forums and email lists and refrain
> from accessing our websites as continuing to utilize and access
> these services constitutes implicit agreement with the particulars
> contained therein.

It does not and I decline to either remove myself from your lists or
refrain from accessing your websites. As an officer of the Mega
Society it is my duty to remain informed about your activities.

> Otherwise, we welcome and look forward to your constructive
> participation in our community!

> Sincerely,

> Gina

What would be *constructive* would be to institute democratic
institutions instead of the tyranny that now exists in the MF/Ultranet/
"Global High-IQ Community," etc.

The whole thing with Chris always boils down to his fear of
meaningful competition.

> **********************
> Dr. Gina Lynne LoSasso
> Executive Director
> Mega Foundation

Trademark infringement.

> Visit the UltraHIQ Galaxy!
> www.ultrahiq.net/GraphicSiteMap.html

****************************************************

> Visitor Agreement
> Welcome to the UltraHIQ website, a service of the Mega
> Foundation.

Trademark infringement.

> Please read this visitor agreement; by using this service, you accept
> its terms.

That is not true. Acceptance of terms must be explicit. I don't accept
anything unless I say so. Negative-option is invalid.

> This visitor agreement applies to the ultrahiq, megafoundation,
> megasociety

Trademark infringements.

> and ctmu domains that are hosted virtually within our community and
> physically on the Virtual LogistiX server.
> The Web is an evolving medium; we may change the terms of this
> agreement from time to time. By continuing to use the service after
> we post any such changes, you accept this agreement, as modified.

I do not accept the agreement under any circumstances.

> The Mega Foundation respects the privacy of our users. Please
> take a few minutes to review our privacy policy.

Trademark infringement.

> The material that appears on this website is for informational
> purposes only.

It's information. It's pretty hard to use information for non-
informational purposes. You can't burn it in your gas tank.

> Despite our efforts to provide useful and accurate information,
> errors may appear from time to time. Before you act on
> information you've found on our site, you should confirm any
> facts that are important to your decision.

A good idea in any case.

> The Mega Foundation is not responsible for, and cannot guarantee
> the performance of, goods and services provided by advertisers or
> others to whose sites we link. A link to another website does not
> constitute an endorsement of that site (nor of any product, service
> or other material offered on that site) by the Mega Foundation or
> associated parties.

Still more trademark infringements.

> COPYRIGHTS AND TRADEMARKS

> Although we make the UltraHIQ website freely accessible, in doing
> so, we do not relinquish our rights to the materials appearing on the
> service. The materials available through the UltraHIQ website are
> the property of the authors and/or the Mega Foundation,

Trademark infringement.

> and are

. . . ironically . . .

> protected by copyright, trademark and other intellectual property
> laws. You are free to display and print for your personal, non-
> commercial use information you receive through the UltraHIQ
> website. But you may not otherwise reproduce any of the materials
> without the prior written consent of the owner. You may not distribute
> copies of materials found on the UltraHIQ website in any form
> (including by email or other electronic means), without prior written
> permission from the owner. Requests for permission to reproduce or
> distribute materials found on the UltraHIQ website should be sent to
> Permissions, Mega Foundation, Inc., P.O. Box 894, Eastport, NY
> 11941, or info@ultrahiq.net.

The copyright law also permits what is called "fair use."

> No Framing -- Without the prior written permission of the Mega
> Foundation, you may not frame any of the content of the UltraHIQ
> website, or incorporate into another website or other service any
> intellectual property of the UltraHIQ website or related parties.
> Requests for permission to frame our content may be sent to the
> Permissions Department, either by email, or at the address above.

You are the ones who've tried to frame *me*. It's a good thing the
members of Prometheus saw through your campaign to blame me
for the unpleasantness Chris started.

> Trademarks -- You may not use any trademark or service mark
> appearing on the UltraHIQ website without the prior written
> consent of the owner of the mark. The UltraHIQ website and logo
> are trademarks of the Mega Foundation, Inc. This includes, but is
> not limited to, the following trademarks: Mega Foundation, Global
> UltraHIQ Community, UltraHIQ, Mega Society East and Mega Girls.

All of these uses of "Mega" are infringements of the Mega Society's
trademark and therefore illegal.

> Ask the Experts -- Any question you submit to Ask the Experts
> becomes the property of the Mega Foundation

Trademark infringement.

> and may be reproduced, modified, and distributed as we see fit
> in any medium. By submitting a question, you represent that
> publication of the question by us, in any medium, won't violate
> anyone else's copyright rights.

Or eat anyone else's tunafish. ;-)

> The Mega Foundation does not endorse nor guarantee the accuracy
> of any response.

Trademark infringement.

> Civility agreement and Non-Litigation Clause

> We work hard to make the UltraHIQ website an interesting and
> enjoyable experience, but we cannot guarantee that our users will
> always find everything to their liking. Please read this Disclaimer
> carefully before using any of the Mega Foundation or UltraHIQ
> sites or participating in any of our forums.

Trademark infringement.

> While we encourage spirited intellectual debate in all of our forums,
> we also encourage participants to avoid the divisiveness and ill will
> too often observed in UltraHIQ circles. While there are sure to be
> significant disagreements from time to time, we do not encourage
> the creation or perpetuation of unnecessary or needlessly protracted
> rifts between community members. Accordingly, we ask that
> everyone make a special effort, where necessary, to ensure that his
> or her participation in our forums remains as friendly and constructive
> as possible (even in the heat of debate).

This is precisely what you and Chris are seemingly incapable of doing.

> Additionally, visitors agree not to threaten legal action or pursue
> litigation against the Mega Foundation,

Trademark infringement.

> any of its Officers or Directors, or any subscriber to or participant
> in its email lists or other forums for their part(s) in designing,
> implementing, sponsoring, providing factual, opinionative or creative
> content for, or otherwise participating in forums or activities that
> exist or take place in connection with the Mega Foundation or any
> of its various websites. Personally issuing or explicitly endorsing
> such threats are grounds for immediate expulsion from the
> community. It is also expected that you will not deliberately try to
> provoke such threats or otherwise foster or contribute to an
> atmosphere of discord.

It would be absurd, under the present circumstances, to agree to any
such "clause."

> DISCLAIMER OF WARRANTIES AND LIABILITY
> YOU AGREE THAT YOUR USE OF THIS SERVICE IS AT
> YOUR SOLE RISK. BECAUSE OF THE NUMBER OF
> POSSIBLE SOURCES OF INFORMATION AVAILABLE
> THROUGH THE SERVICE, AND THE INHERENT HAZARDS
> AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION,
> THERE MAY BE DELAYS, OMISSIONS, INACCURACIES,
> OR OTHER PROBLEMS WITH SUCH INFORMATION. IF
> YOU RELY ON THIS SERVICE OR ANY MATERIAL
> AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT
> YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE
> SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
> COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
> FROM ANY MATERIAL AND/OR DATA DOWNLOADED
> FROM OR OTHERWISE PROVIDED THROUGH MEGA
> FOUNDATION AND ULTRAHIQ.

Trademark infringement.

> THIS SERVICE IS PROVIDED TO YOU "AS IS," "WITH ALL
> FAULTS," AND "AS AVAILABLE." MEGA FOUNDATION,
> INC. AND ITS AFFILIATES, AGENTS AND LICENSORS

Trademark infringement.

> CANNOT AND DO NOT WARRANT THE ACCURACY,
> COMPLETENESS, CURRENTNESS, NONINFRINGEMENT,
> MERCHANTABILITY OR FITNESS FOR A PARTICULAR
> PURPOSE OF THE INFORMATION AVAILABLE THROUGH
> THE SERVICE. NOR DO THEY GUARANTEE THAT THE
> SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY
> AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF
> VIRUSES OR OTHER HARMFUL COMPONENTS.

> UNDER NO CIRCUMSTANCES SHALL MEGA
> FOUNDATION, INC.,

Trademark infringement.

> OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE
> TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING
> OUT OF USE OF THE ULTRAHIQ WEBSITE, INCLUDING,
> WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL,
> SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES,
> EVEN IF WE ARE ADVISED BEFOREHAND OF THE
> POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
> STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
> OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE
> LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
> THE LIABILITY OF MEGA FOUNDATION, INC.,

Trademark infringement.

> AND THEIR AFFILIATES, AGENTS AND LICENSORS IS
> LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH
> STATE LAW.) YOU AGREE THAT THE LIABILITY OF MEGA
> FOUNDATION, INC.,

Trademark infringement.

> AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY,
> ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY
> WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED
> THE AMOUNT YOU PAID TO THE SERVICE FOR THE USE
> OF THE SERVICE.

> By using the UltraHIQ website or participating in any of the affiliated
> forums, you agree to abide by the terms of this visitor agreement. We
> hope you enjoy using the UltraHIQ website, and we welcome
> suggestions for improvements.

Make it a democracy.

Insofar as the so-called Visitor's Agreement purports to constitute a
waiver, release or covenant not to sue by anyone who subcribes to
the "forums," it is unenforceable. In particular, those of us who
believe that the continued use of pre-existing trademarks and
tradenames violates the rights of the Mega Society and its members
reserve the right to remain informed concerning those activities and
to use electronic or print copies of Internet or print publications in
support of our claims. Further, the right to comment regarding false
claims or debatable assertions in any forum is reserved. Although
you have the option to desubscribe those who disagree with your
actions, that would only underscore your inability to accept any
criticism, no matter how civilly it may be expressed.

Sincerely,

Kevin Langdon