> Dear Robert,
> I am assuming that you are speaking for the owner of xfamily.org. It is
> necessary for me to address the owner of the xfamily.org site. Because
> ownership is hidden from the "Whois" information, I would appreciate it if
> you would please inform me of who he/she is, and where I can post a
> certified letter. Please indicate if you are indeed the owner of the
> site.
Jim, I am the owner of the domain name xfamily.org. I have no legal, moral or ethical obligation to help you send this letter (your lawyer would know what to do) but since you seem as ignorant of ICANN regulations as you are of rudimentary law I feel obliged to lend you a hand (not out of compassion, but because I think the letter will bring me a great deal of amusement).
So to aid you in your attempt to tilt at windmills I graciously inform you that domains by proxy will forward your correspondence to me. So send your "certified letter" to the address in the whois information and it will reach me.
> I will have my attorney address the legal format for reslolution of this
> issue. I have asked your site to remove the subject post and I don't
> intend
> on substantiating to you (as I have no idea if you are the owner of the
> site
> or not) my claims. I have no intent on substantiating to the owner my
> claim
> of harm.
You can't even maintain consistency within the span of two sentences. LOL! You don't intend to substantiate your charges to me as I may not be the owner of the domain yet you also have no intent of substantiating your claims to said owner?
As I stated earlier, you have no legal ground to stand on and I welcome your attorney's involvment. He/she will either explain as much to you or accept your money while knowingly embarking on a futile pursuit at your expense. Either solution is risible.
> Nevertheless, I have communicated to you that the post has
> caused
> me harm, and I have asked you to remove it.
You still don't seem to understand defamation law. Whether or not it causes you harm does not make it legal or illegal. Other factors make it legal or illegal and harm is primarily used to establish damages for which the defendant is liable.
> Substantiating my rights
> under
> the law is something that I will have to do on Monday with my legal
> counsel,
> as my attorney is unavailable during this weekend.
In your initial correspondence today you claimed to have sent "legal notice" today. Given the vapid nature of your legal claims and your lacking legal expertise this is either foolish on your part or yet another example of your inability to remain consistent within a very short period of time.
> I have no intention of
> getting into legal terminology with you, trying to prove my case with you,
> or even discussing intimate details of this issue.
I don't blame you, I find it akin to a battle of wits with an unarmed man.
> But please be advised
> that I am hereby giving you legal notice that the article has caused me
> harm, and I have politely asked you to remove your link to it immediately.
I commend you for finally understanding that we don't even have the article on this site, and have merely linked to it. I will again graciously provide you with unsolicited (and subsequently unheeded) legal advice:
- Linking to a URI on the web is illegal only in very few circumstances (such as aiding and abetting DCMA violation). This is certainly not one of them. You may not even be able to get me in a courtroom over this link, much less lose a lawsuit and pay my legal bills.
> When I said I would be seeking legal remedy, I stated so because I am not
> a
> lawyer, and I do not know what specific law has been broken, or what
> remedy
> I have under the law.
I'm not a lawyer either (though I've commited substantial portions of law to memory) and even I can tell you that no law has been broken here. But if you prefer to spend your money to hear this again from a lawyer (or even more money to find out in court) I welcome your attempt to do so as I'm confident that you would be footing the bill.
> In my opinion, the article is misleading,
> malicious,
> and an attempt to cause harm to my character. Substantiating this is my
> attorney's job. So, I have simply given you notice that I believe that
> the
> author of the article has, in my opinion, broken the law and caused me
> harm.
And I, in turn, have given you notice that you are ignorant of the law and have no legal ground to stand on against the author of the article and even less against myself. I am not, however, gracious enough of an individual not to get a good laugh out of your folly.
> It will take an appointment with my attorney to ascertain what laws have
> been broken, and what my remedy will be.
Wrong again Jim! It will take breaking of the law in addition to that and this is that critical element lacking from this scenario. Your attorney may not have the temerity or integrity to tell you this as bluntly and you'll have to spend a your money finding this out the hard way. I'm fine with you spending money on our legal bills Jim, especially after all this free advice I'm providing.
> So, although you are attempting
> to
> give me legal advice, I respectively have to decline, as I already have
> legal counsel.
You would do well to avail yourself of it prior to playing lawyer yourself, to spare yourself the embarassment of these idiotic threats.
> I will need the name and address of the owner of your site in order for my
> attorney to communicate with your legal counsel. Please provide it as
> soon
> as possible.
My name is Robert Gentel. You can send correspondence to the following address and it will be forwarded to me:
Private, Registration
XFAMILY.ORG@domainsbyproxy.comDomains by Proxy, Inc.
DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States
As an additional courtesy I would like to inform you that I will be out of the country on business from the 25th of August to the 4th of September. Feel free to copy your correspondence to me by email
editors@xfamily.org as I would enjoy a laugh or two at your expense while overseas.
> I am also hereby informing you that you have no rights, expressed or
> implied, to use my name or likeness on your site. Please remove the same
> immediately.
I am hereby informing you that you are wrong and that I have no intention of doing anything of the sort. You have no legal grounds to make this petulant and baseless demand.
> It is my sincere hope that we can resolve these issues in a
> patient and legal manner.
>
> Sincerely,
> Jim LaMattery
It is my sincere hope that you keep sending me these hillarious and illegitimate threats and "legal notices" as I've not had correspondence with such a foolish counterpart in a long time.
Robert Gentel