FC: Lawsuit erupts between MAPS anti-spam blacklist and former director

From: Declan McCullagh (declanat_private)
Date: Tue May 07 2002 - 06:34:34 PDT

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    Date: Mon, 6 May 2002 18:12:38 -0400
    From: Rich Kulawiec <rskat_private>
    To: declanat_private
    Subject: [nickat_private: COURT:  MAPS Sues Former Employee and DUL 
    Founder, Gordon Fecyk]
    
    [ I haven't read the entire referenced web site, but so far, it's
    fascinating.  ---Rsk ]
    
    ----- Forwarded message from Nick Nicholas <nickat_private> -----
    
     > From: Nick Nicholas <nickat_private>
     > Date:         Mon, 6 May 2002 14:40:12 -0700
     > Subject:      COURT:  MAPS Sues Former Employee and DUL Founder, Gordon 
    Fecyk
     > To: SPAM-Lat_private
     >
     > I have been a strongly outspoken supporter of MAPS for many years.
     >
     > When I was at pacbell.net I nearly had a heart attack when Paul Vixie
     > called in 1997 to warn us that we were about to be listed in the MAPS RBL
     > for running unsecured mail servers.  But I supported his actions even
     > then.  Indeed, his call was very helpful in speeding up the bureaucracy at
     > pacbell.net and getting the unsecured mail servers closed to relaying even
     > more quickly.  I appreciated Paul's willingness to work with us on
     > resolving our problems.
     >
     > I wanted pacbell.net to use the MAPS RBL, but instead I was instructed by
     > management to compile my own list.  I felt my meager efforts could not
     > compare to the quality of the RBL made available by MAPS, but,
     > unfortunately, my own wishes were overruled.
     >
     > When Paul offered me the opportunity to become Executive Director of MAPS
     > in December 1998, it was an offer I simply could not refuse, and for the
     > next year and a half I was one of the leading cheerleaders for MAPS.
     >
     > Even though I left MAPS in August 1999, it was an amicable departure.  Soon
     > afterwards I was hired as Chief Privacy Officer for a company in the direct
     > marketing industry, and I still continued to defend MAPS against its many
     > critics in that industry.
     >
     > Last year I decided to write a book about the history of MAPS.  My intent
     > was to focus on the companies that sued MAPS and abused the legal system in
     > order to prevent MAPS from exercising its legitimate free speech rights.  I
     > wanted to portray Paul and Dave Rand as beleaguered but slightly flawed
     > heroes.
     >
     > However, my opinion of MAPS was forever changed this past April when it
     > decided to sue DUL founder, Gordon Fecyk, after Gordon attempted to
     > exercise a December 1998 contract he entered into with Paul Vixie in his
     > capacity as MAPS CEO.
     >
     > My overview of this matter, as well as copies of court documents filed in
     > the case, can be found at the following URL:
     >
     > http://www.lawsuitinfo.com
     >
     > It seems that MAPS has learned a great deal from the lawsuits brought
     > against it by Harris Interactive and others, and has adopted the same slimy
     > tactics.  In particular, the affidavits filed by Margie Arbon and Anne
     > Mitchell are full of factual errors and material misrepresentations.  I
     > will add my commentary on these affidavits at a later date.
     >
     > A hearing will be held in the Manitoba court tomorrow (5/7).  We will add
     > additional info as soon as possible.
     >
     > Gordon may have to sell his car in order to pay his not inconsequential
     > legal bills.  Is anyone interested in making a contribution to help Gordon
     > with his legal expenses?  If so, please send your contributions to Gordon's
     > attorneys at the following address:
     >
     > Cassidy Ramsay
     > 385 St. Mary Avenue, 2nd Floor
     > Winnipeg, Manitoba R3C 0N1
     > CANADA
     >
     > Checks or money orders should be made out to Cassidy Ramsay
     >
     > Be sure to include a note with your contribution stating that it is on
     > behalf of Gordon Fecyk in the Mail Abuse Prevention System v. Fecyk case.
     >
     > All contributions will be placed in a trust fund by the law firm and used
     > solely to cover Gordon's legal expenses.
     >
     > Contributors will receive an acknowledgement from Cassidy Ramsay.  However,
     > all contributions are covered by attorney-client privilege, and thus the
     > identities of contributors will remain anonymous.  Information about
     > contributions *cannot* be obtained by MAPS through the discovery process.
     >
     > I cannot describe how much it saddens me that it has become necessary for
     > me to bring all of these disturbing facts to light, but I think it is
     > essential for the Internet community to be aware of what MAPS has
     > become.  MAPS is no longer devoting its energy to fighting spam and
     > co-operating with others in that fight, but instead is suing a former
     > employee who attempted to exercise his legitimate rights pursuant to a
     > contract with MAPS. I find it extremely ironic that an organization which
     > is currently soliciting donations to its own legal defense fund would now
     > be using its limited resources to pursue litigation against a former
     > employee.
     >
     > Regards,
     >
     > Nick
    
    ----- End forwarded message ----- 
    
    
    
    
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