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a note to Frank: i'm being nice and removing your client's name from everything on this page. if you try any more legal bullshit over this you'll find
that i won't play nice and i might stop being so courteous.
i could be a dick and post the full name of the person this is in reference too but i'll be
nice and save her some humiliation that she deserves for starring in something so god-awful and funny.
oh and pick a name will you, is it charles or frank? sheesh!
Charles "Frank" Morgan originally contacted me the day before my birthday with
this crap. happy fucking birthday! thanks a lot Frank, you're a real jerk. way to ruin my birthday.
I'd also like to point out that his email title had the client's last name spelled wrong. GOOD JOB FRANK!!
Date: Mon, 10 Jan 2005 16:34:08 -0500
From: Frank Morgan <fmorgan@hupk.com>
To: kts@m0nkey.org
Subject: Stacy [Last name edited out even though he misspelled it]
<<Letter to KTS With Signature.pdf>>
Charles F. Morgan, Esq.
HODES, ULMAN, PESSIN & KATZ, P.A.
901 Dulaney Valley Road, Suite 400
Towson, Maryland 21204
(P) 410-938-8800 (F) 410-938-8806
www.hupk.com
NOTICE: The information contained in this electronic mail
transmission is intended by Hodes, Ulman, Pessin & Katz, P.A. for the
use of the named individual or entity to which it is directed and may
contain information that is privileged or otherwise confidential. It
is not intended for transmission to, or receipt by, anyone other than
the named addressee (or a person authorized to deliver it to the
named addressee). It should not be copied or forwarded to any
unauthorized persons. If you have received this electronic mail
transmission in error, please delete it from your system without
copying or forwarding it, and notify the sender of the error by reply
email or by calling Hodes, Ulman, Pessin & Katz, P.A. at (410)
938-8800 or 1-800-276-0806 so that our address record can be
corrected.
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below are JPGs of the PDF he sent me with certain parts edited out.
i originally was a bit freaked when i first saw this but then i realized that
their threats were bullshit and they were just using legal scare tactics to
try to get me to take something down, even though i already had before they even contacted me! gotta love the vague threat of "tak[ing] appropriate legal action."
here's why it's all bullshit:
- the last thing his client would want is to take
this to court, then everyone would be free to make fun of his client's daughter
and her poor decision making since it would be public record.
- since Stacy's work was done for hire she most likely signed a modeling release
contract that gave the company that paid her full ownership of any images and videos.
since those images and videos are still available for sale Stacy would have no basis
for a lawsuit complaining about invasion of privacy or owning those images since a porn
site clearly owns them and still uses them to promote their site.
- in other words they don't have a legal leg to stand on. if they sued me i would counter sue
for harrassment, and for filing a frivilous lawsuit that wasted my time and the court's time.
- Frank is also trying to make me panic with his irrational 72 hour deadline. he e-mailed me just before COB on the 10th so he could say he first contacted me on the 10th and start the 72 hour clock. i didn't get the hardcopies until late on the 11th, so he was trying to make me panic and think i would have to sign his bullshit letter, mail it out the next day and hope it got back to him before the 72 hours had passed and he sued my pants off. thankfully i'm still wearing pants. what happened to the hardcopies? they were guinea pigs for my new paper shredder. :) i'm not going to sign a fucking thing that might limit what i can do with *my* site.
- it would also
probably look pretty embarassing for Frank when copies of his email with his
client's name mispelled were displayed.
the funny thing is that i put this little directory up and i didn't tell anyone
except a few friends. they must have told a few more people and so on and so
on until people started linking to it in their blogs or websites, which is the only way i can guess is
how the directory got into google. there were no links from the rest of my website to this directory.
i didn't even have her name on any of the pages in there, so her name being assosicated with the directory all came from external links on other people's sites. that's how google works. hell until recently i don't think you could even add a site into google. google ads pages by crawling the web looking for them and the more people who link to you, the higher your page is in the results.
my site wasn't even on the first page of results if you searched for her name. you had to drill down to page 3 or 4 before you would see my site if you searched for stacy's name.
i also love how stupid and pointless legal disclaimers in email are. this one is fucking huge! i should charge him for 1k of disk space it took up on my server. fortunately we have our own disclaimer on this site regarding data the site collects and emails to us that he has to live with. (our disclaimer is clearly linked to at the bottom of every page, not our fault if he didn't read it since he did browse the site some and checked out our FAQ.) smile for the camera Frankie boy!
i couldn't find my original email back to him but he quotes it at the bottom of his reply to me.
Date: Tue, 11 Jan 2005 11:55:05 -0500
From: Frank Morgan <fmorgan@hupk.com>
To: kts <kts@m0nkey.org>
Subject: RE: Stacy [EDITED]
Mr. S,
A search on Google performed this morning indicates that when the words
"stacy [EDITED]", "stacy m0nkey", and "[EDITED] m0nkey" are typed in,
Google turns up links to your website multiple times. The name Stacy
[EDITED] was or is therefore somewhere on your site. Two questions: why
was her name on your site to begin with, and has her name been
completely removed from your site?
Further, did you purchase ad words from Google for "Stacy [EDITED]?" If
so, I want you to unsubscribe and cancel those ad words immediately.
With regard to the materials depicting Stacy on your site, what
pictures/videos do you currently have, where did you get them and who
has access to them? Are you willing to remove all such materials
permanently from your site so that no one including yourself and
preferred users can have access to them?
I look forward to your responses to these questions so that this matter
can be resolved promptly.
Frank Morgan
-----Original Message-----
From: kts [mailto:kts@m0nkey.org]
Sent: Monday, January 10, 2005 4:54 PM
To: Frank Morgan
Subject: Re: Stacy [EDITED]
Mr. Morgan,
If you check again I have already removed everything from that URL which
if you view now will return a 403 Forbidden error. I did this within
the last 2-3 weeks (I can't remember the exact day but it was a few days ago
since I noticed it had shown up in google's cache and people were hitting
it.) I just entered "Stacy [EDITED]" into google and my site doesn't even
show up so it appears that it has already been removed from google's cache
as well.
kts
--
Head m0nkey in Charge
the m0nkey organization
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for someone who's supposed to be one of the top 15 in the "Who's Who in Intellectual Property Law"
he certainly doesn't know a lot about the internet, web servers, or google. so i explain it to him.
(i mean really, i run this site for fun and i'm several hundred dollars in debt for running it. if i
was going to advertise i think i would find something better to purchase adwords on that some girl
who made some crappy amateur pr0n.)
Date: Tue, 11 Jan 2005 12:59:15 -0500 (EST)
From: kts <kts@m0nkey.org>
To: Frank Morgan <fmorgan@hupk.com>
Subject: RE: Stacy [EDITED]
view http://www.m0nkey.org/stacy/ (the original URL.) it returns a 404 file
not found error. i deleted the whole directory structure yesterday so that
this issue would be resolved permantly. for the last few weeks i had the
directory settings changed so that no one could access that directory or any
files in the directory. going to that url (or any files in that directory)
returned a 403 forbidden message.
i don't control google. i never purchased any adwords or anything like that
(why would i want to even do that?) google crawled my site and somehow
found the pages. google crawls the web every few weeks and when it finds
out that the pages have been removed it will remove it from google's cache.
if you click on any link from google that points to my site it will send you
to a page that says "404 file not found".
her name has been removed from my site since before you even contacted me.
if you or Mr. [EDITED] had checked before you contacted me you would have
seen that this issue was already resolved.
any and all files that were located in the URL above have been deleted and
they are gone, i have no backups, etc. they are gone and trust me i have no
desire to obtain/see/etc them again.
you might want to contact http://www.gradeagirl.com since that is where
someone pointed me about the images of Ms. [EDITED] and she appears to still
be prominantly displayed on their front page.
as far as i am concerned this issue is resolved. any images/videos/etc have
been deleted and are gone forever, so i have complied with your request and
done everything in my power to resolve this situation (which i might add was
already resolved before you had even contacted me.) google will remove the
links/cache once it recrawls my site sometimes in the next few weeks (and
currently the cache/links show nothing at all that should upset the [EDITED]
family.) i do not expect to hear from yourself or the [EDITED] family about
this issue again, except for you to confirm that this issue has been
resolved. both sides of this want this to go away and it has (it went away
before you even contacted me!) any further contact then to confirm the
issue is "dead" and has been resolved may be considered harassment. i won't
even begin to discuss the frivolous and vexatious qualities of your legal
scare tactics.
goodbye.
kts
--
Head m0nkey in Charge
the m0nkey organization
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so this is where we are at for now. i'm sure this page will get back to Frank soon enough and he'll bitch and whine but since his information is listed on
the web it would be considered public information and not an invasion of privacy.
so to sum it all up it's my opinion that Frank and his clients are asshats who make poor decisions and use legal scare tactics to try and hide their poor decisions.
the final word: OMGWTFBBQ?!?!?!
back to legal threats
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