FC: Bill Purdy accuses WashPost attorneys of hijacking his domains

From: Declan McCullagh (declanat_private)
Date: Wed Feb 12 2003 - 13:51:20 PST

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    When last we visited Bill Purdy, he was staying out of jail but was held in 
    contempt of court:
    http://washingtontimes.com/business/20030205-18096272.htm
    >A pro-life cyber-squatter didn't go to jail yesterday, but a federal judge 
    >said William Purdy is in contempt of a court order and must pay $500 a day 
    >until he stops using a raft of domain names that include well-known 
    >corporate trademarks including that of The Washington Post. [...]
    
    Forthwith, this update.
    
    -Declan
    
    PS: The gandi.net registrar is a French corporation in Paris. My 
    understanding is that they have not been served with a court order from a 
    French court (and they haven't been UDRP'd) so they have transferred a 
    number of ex-Purdy domains as a gesture of good faith. But my suspicion -- 
    and it's only a suspicion -- is that they're being somewhat Gallic about 
    this and may not be in a hurry to agree with a Washington, DC law firm's 
    interpretation of a U.S. court order.
    
    ---
    
    From: "William S. Purdy" <wpurdyat_private>
    To: <bglanzat_private>
    Cc: "Declan McCullagh" <declanat_private>
    Subject: Fw: ILLEGAL and UNETHICAL VIOLATION OF MY CIVIL RIGHTS
    Date: Wed, 12 Feb 2003 15:21:51 -0600
    
    
    ----- Original Message -----
    From: William S. Purdy
    To: Olson, Thomas ; Carome, Patrick ; fboydat_private ; Alexandri, Maya
    Cc: daltmanat_private
    Sent: Wednesday, February 12, 2003 3:20 PM
    Subject: ILLEGAL and UNETHICAL VIOLATION OF MY CIVIL RIGHTS
    
    2-12-2003   3:00 pm
    
    Dear Sirs and Madams,
    
    I am in receipt of an email that Maya Alexander sent to Gandi today 
    requesting the ILLEGAL transfer of five domain names that HAVE NOT been 
    found by the U.S Court to be "confusingly similar" to the Plaintiffs, nor 
    have been ordered by the Jan. 28, 2003 Contempt Order to be transferred - 
    i.e. thewashingtonpostjesus.com, thewashingtonpost-motherofjesus.com, 
    thewashingtonpostmuslim.com, thewashingtonpostkoran.com, and 
    thewashingtonpostjew.com.  This is a blatant attempt by the Plaintiffs and 
    their counsel to illegally violate my civil rights by preventing me from 
    SPEAKING about the Plaintiffs (namely The Washington Post) and CRITICIZING 
    the Plaintiffs (namely The Washington Post) under the FALSE color of law 
    .  I hereby DEMAND that you correct this ILLEGAL and UNETHICAL violation of 
    my civil rights by immediately contacting Gandi and withdrawing your 
    illegal request.  The Jan. 28, 2003 Contempt Order clearly spefies which 
    domain names were found by the court to be "identical or confusingly 
    similar" in paragraph 3 of the Jan. 28, 2003 Contempt Order wherein it 
    states, "Maintenance of registration and/or continued use of each of the 
    domain names listed in paragraph 1 violate paragraph 11 of the Court's 
    Order of July 23, as clarified by this Court's Order of September 5."  The 
    Court chose to list no other domain names other than those listed in 
    paragraph 1 of the Jan. 28, 2003 Contempt Order, and YOU KNOW IT.  If you 
    do not immediately correct your illegal and unethical request, I will sue 
    The Washington Post and its counsel under the appropriate State and Federal 
    statutes for violation of my civil rights, and take whatever appropriate 
    legal action that is at my disposal.  As you know, you always have the 
    right to seek appropriate court orders regarding those five domain names, 
    to ask the court to add those domain names, but until that is a reality, I 
    am NOT in contempt of the Jan. 28, 2003 Contempt Order, and the Plaintiffs 
    have NO RIGHTS or BUSINESS to have those domain names transferred to the 
    Plaintiffs.  At the last hearing and the hearing before, my attorney, Mr. 
    Altman, reminded the Court, and the Court agreed both times, that I am not 
    in Contempt for registration or use of any domain UNTIL I the Court has 
    ruled my registration or use of a particular domain name to be 
    prohibited.  Likewise, any request by you to a domain name registrar to 
    have a non-listed-by-the-court domain name is an ILLEGAL and UNETHICAL 
    violation of my civil rights under the color of FALSE law.  What is worse, 
    you as attorneys are well aware of the law and the eithical violations 
    involved here.   Please conform to the rule of law, and the ethical 
    obligations you have as attorneys until and IFyou recieve court 
    authorization to request such transfers.
    
    Yours truly,
    
    William S. Purdy
    Individual, President of Please Don't KILL Your Baby, Inc, and Shareholder 
    of The Washington Post Company
    
    cc: Douglas Altman
           Washington Times
    ------------------------------------------
    
    ----- Original Message -----
    From: Alexandri, Maya
    To: gandiat_private ; supportat_private ; rootat_private
    Cc: Olson, Thomas ; Carome, Patrick ; fboydat_private ; daltmanat_private 
    ; Alexandri, Maya
    Sent: Wednesday, February 12, 2003 2:22 PM
    Subject: Court Order in Coca-Cola v. Purdy, No. 02-1782
    
    Mr. Lacambre:
    
    
    
         We received your e-mail today reporting on the transfer of the domain 
    names listed in the Court's Order.  Thank you for completing that task.
    
    
    
         I am writing about two items of unfinished business.  As you know, the 
    Court's Order of January 28 covers not only the specific names listed 
    therein, but any domain name that "incorporates, and is identical or 
    confusingly similar to" Plaintiffs' domain names and which does not "alert 
    the unwary Internet user to the protest or critical commentary nature of 
    the attached website within the language of the domain name 
    itself."   Order ¶ 10 (Jan. 28, 2003) (enforcing July 23, 2002 Order ¶ 11 
    and Sept. 5, 2002 Order ¶ 11).
    
    
    
          We are currently aware of five domain names that are prohibited by 
    the Court's Order, but which  Gandi has not yet transferred.  Those five 
    domain names are:  thewashingtonpostjesus.com, 
    thewashingtonpost-motherofjesus.com, thewashingtonpostmuslim.com, 
    thewashingtonpostkoran.com, and thewashingtonpostjew.com.  Gandi is the 
    registrar for all of these domain names.  Please transfer these domain 
    names to Washingtonpost.Newsweek Interactive by February 13, 2003.
    
    
    
         In addition, please conduct a search of your WHOIS database for any 
    other domain names that should be transferred to Washingtonpost.Newsweek 
    Interactive or any of the other Plaintiffs.  We must hear from you by 
    February 13, so that we may report to the Court the following day.
    
    
    
         Thank you very much for your attention to this matter.
    
    
    
    Sincerely yours,
    
    
    
    Maya Alexandri
    
    Wilmer, Cutler & Pickering
    
    2445 M Street, NW
    
    Washington, DC 20037
    
    (202) 663-6714 (direct)
    
    (202) 663-6363 (fax)
    
    malexandriat_private
    
    
    
    
    
    
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