Far better is to alter the site os that it is legal and then let them take you to court and for them to publically lose their case. Then you will get national coverage in the newspaers
----- Original Message ----- From: "Tarquin Mills" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: Thursday, February 02, 2006 12:32 PM Subject: [ql-users] OT: OFT say you have our attention on M$ [long] > I hope do not mind, if so I apologise, but Microsoft's DOS and Windows > monopoly has done much damage to QDOS systems. > After this website http://www.oft.me.uk appeared earlier last week as > part of the Reboot Movement (i.e. Me) launch of a fresh campaign to end the > MicrosOFT and Intel monopoly which is holding Linux and many other systems > back. Following on swiftly from the launch of the MacBook signalling the > beginning of the end of non-x86 based PCs being available in the > highstreet. The OFT called Reboot at 10.50am on Friday and said take the > website down by midnight Friday or face legal action. The website running > on Gentoo Linux on a Mac parodies former OFT Director General John > Bridgeman and the OFT with a spoof press release. As you can see the > site is still there, as are copies worldwide (mirrors are welcome and > some of the content uses FSF licences). > The OFT has said that I have got their attention but are still refusing > to start an investigation into MicrosOFT and that they have not had any > complaints officially even though I have sent yet another complaint on > Monday 23 Jan by recorded delivery. While Home Secretary Charles Clarke > is getting involved. The original website (www.oft.gov.uk) contains over > 90 errors according to HTML Validator on the homepage alone and there > are several missing CSS such as > http://www.oft.gov.uk/NR/oft/themes/basic.new.css .I have already supplied > errors reports and I am preparing a fixed version of the homepage for > them, as yet the OFT's webmaster has yet to sort the problems out, but > what do you expect when they use M$ code as part of this public site. > Reboot will continue to mount the pressure on the OFT, in the words of > John Kerry campaign "Bring it on!". > > THEN THEY DID > > The OFT got the Treasuries solicitors to email a legal threat to me and > it will arrive by courier on Thursday, as of midday it still has not > arrived. The deadline is to remove the website by 4pm Friday, we are still > here for now and as to the deadline I will not give in, no MicrosOFT, you > will not silence criticism of your monopoly. > For details see > http://www.windowshaters.co.uk/ (Has a copy of the Legal Letter in a > number formats not Quill yet) > http://www.oft.me.uk/ > Please show your support by signing the petition at > http://www.petitiononline.com/oftsucks > > If the OFT had stepped in years ago the QL might still mainstream, my Q60 > is one of my main assets and I do not want to lose it. > > Note to Editors > =============== > As a lowly programmer in Norwich the idea of solicitors who may have > worked in the Hutton inquiry take me on seems like a PR gaff. After > years of discrimination (including for using a SMSQ/E system) of myself > and friends (such as Arnie) I will not back down if do not have to, when > downloading a ton of porn or pirate music from the Internet is OK in > todays society. If you need any help shout. > > Here is the letter. > > DX 123242 Kingsway > Switchboard: > (020) 7210 3000 > (GTN 210) > Direct Line: (020) > 7210 2998 > Direct Fax: (020) > 7210 2996 > [EMAIL PROTECTED] > ol.gsi.gov.uk > > > Please Quote: SA/A10 > > Your Reference: > > 1 February 2006 > > > > URGENT > > Dear Mr Mills > > www.oft.me.uk and your use of the OFT name and logo > > The Treasury Solicitor is instructed in this matter to act on behalf of the > Office of Fair Trading (OFT). I write in relation to the above domain name > and am sending this letter to the correspondence address and email addresses > that you have provided to my client. > > As you may be aware, the OFT is a Government Department whose role was first > established under the Fair Trading Act 1973 as the office of the Director > General of Fair Trading. The 'OFT' name is synonymous with the 'Office of > Fair Trading' and has been in use since then. The current OFT logo (scales > with the words 'Office of Fair Trading') displayed on the official OFT > website at www.oft.gov.uk ("the OFT Website") is a work of Crown copyright > and has been used by the OFT since early 2001. The OFT has established a > significant reputation and goodwill in its name and logo. > > The OFT is also the registrant and owner of the OFT Website since September > 2003. The contents of the OFT website ("the Copyright Work") have been > created by or on behalf of the OFT and are therefore protected by Crown > copyright. > > I understand that you own and operate the website at www.oft.me.uk ("the > Domain Name"), which was registered on 22 January 2006 through Fasthosts > Internet Limited (to whom a copy of this letter is sent for information). > I note that you have most recently acknowledged this in your telephone > conversation with my client on 27 January 2006. > > Breach of copyright > > It has recently come to the OFT's attention that the website at the Domain > Name ("the Infringing Work") is clearly derived and almost entirely copied > from the Copyright Work, which can be accessed by the public. The OFT has > not authorised you or anyone else to substantially reproduce its website > in this manner. Neither has it authorised you or anyone else to use its logo > on the Infringing Work. In the circumstances, your reproduction of the > Copyright Work without permission amounts to a breach of copyright under > section 17 of the Copyright, Designs and Patents Act 1988. > > Passing-off > > Further, the Infringing Work uses the OFT's name and logo and contains > certain material that has not been created or authorised by the OFT, > including amongst other things a document purporting to be a press release > by the OFT dated 23 January 2006. Such material that has been added and > bears your name does not state that it is not authorised or associated with > the OFT in any way. On the contrary, such material purports to have been > published by the OFT. > > The OFT has rights in the OFT name and logo, which came into existence well > before your registration of the Domain Name. You are using the OFT name and > logo without consent and passing off the Infringing Work, which is almost > identical to the Copyright Work, as a website created by the OFT. Your > action therefore amounts not only to copyright infringement but also to > passing-off. > > Invalid registration > > Further, it is the OFT's position that the Domain Name has been registered > and is being used in a manner unfairly detrimental to its rights and should > be considered an abusive registration. As such the Domain Name is open to > challenge under the Nominet Dispute Resolution Procedure. > > Defamation > > The Infringing Work contains a number of inaccurate and misleading statements > about the OFT and certain officials. Accordingly, my client is seeking legal > advice in relation to its position in a potential claim against you for > defamation. > > Damage > > Your continued use of the Domain Name and Infringing Work as well as your > threatened use of the OFT name and logo and/or the Copyright Work on other > websites has caused and will inevitably cause the OFT to suffer serious and > irreparable damage. > > My client is extremely concerned by the potential extent of damage to its > reputation caused by the Infringing Work and the current use of the Domain > Name in addition to your threatened use of other domain names in a similar > way. Clearly, it is imperative that the OFT takes action to stop any > further confusion caused to members of the public between the Infringing > Work and the Copyright Work as well as any further damage to the OFT's > reputation and goodwill. > > I understand that officials at the OFT spoke to you on 27 January 2006 and > asked you to remove the Infringing Work. I am instructed that you have > refused to do this and that you stated your intention to acquire the domain > name www.oft.co.uk which has been registered by someone else for the > purposes of creating another website similar to the Infringing Work. I also > note from the 'press release' (referred to above) on the Infringing Work > bearing your name that "there are now at least four other copies" of the > Infringing Work on the Internet and that "a newsportal (Drobe) has been > informed". > > Undertakings > > In light of the above, my client requires you to provide undertakings in > the form as attached. These undertakings need to be signed and dated by you > and returned to me within the next 48 hours (by 4.00 pm on Friday 3 > February 2006). If you do not provide these undertakings by that deadline, > I am instructed to commence proceedings against you seeking all of the > remedies to which the OFT is entitled. Those remedies may include an > injunction preventing your use of the Domain Name, OFT name and logo and > any domain name or logo that is confusingly similar to those in which the > OFT has rights, transfer of the Domain Name to the OFT, delivery-up of all > materials that offend against the injunction, and damages. The OFT will > seek its full legal costs in respect of any such action. > > Clearly, it is in both your and the OFT's interests that this matter is > resolved without recourse to litigation which would involve significant > costs and expense for which you could ultimately be liable. > > My client's full rights are expressly reserved. > > Yours sincerely > > > Smriti Ahluwalia > for the Treasury Solicitor > > cc Fasthosts Internet Limited > Discovery House, 154 Southgate Street, Gloucester, GL1 2EX > > REQUESTED UNDERTAKINGS > > I, Tarquin Mills of [my address removed for security reasons] understand > that by providing these undertakings, the Office of Fair Trading (OFT) will > forgo its right to commence legal proceedings against me in respect of > copyright and/or passing-off arising out of my operation of the website at > www.oft.me.uk ("the Infringing Work") and/or my registration of > www.oft.me.uk ("the Domain Name"); > > 1. I, Tarquin Mills, undertake to refrain immediately (whether acting > through agents or howsoever) from infringing or continuing to > infringe or authorise the infringement, or otherwise cause, enable > or assist any other person to infringe any Crown copyright material > of the OFT and/or the OFT's rights in its name and/or logo, whether > > under the law of copyright, passing-off or otherwise. This includes > my undertaking to remove the Infringing Work from the Internet > immediately and in any event no later than 4.00pm on 3 February > 2006; > > 2. I, Tarquin Mills, subject to any written permission granted by the > OFT, undertake to refrain from using the OFT's name or logo and/or > reproducing in whole or in part any of the contents of the official > OFT website at www.oft.gov.uk ("the Copyright Work") on the Internet > or otherwise; > > 3. I, Tarquin Mills, undertake to correct immediately any inaccurate, > misleading or defamatory statements that I have made or have > authorised to be made about the OFT on the Infringing Work or > otherwise; > > 4. I, Tarquin Mills, undertake to transfer within 14 days of the date of > this letter the registration of the Domain Name to the OFT; > > 5. I, Tarquin Mills, will confirm to you in writing within 14 days of > signing this undertaking that I have completed the transfer of the > Domain Name, have removed the Infringing Work from the Internet, > stopped infringing the Copyright Work and have stopped using the OFT > name and logo; > > 6. I, Tarquin Mills, undertake at my own cost to deliver up to the > Treasury Solicitor within 14 days any material (whether on hard copy, > disk or other electronic form) in my possession, custody or power > which reproduces the Copyright Work; > > Name: > > Signed: > > Dated: > > ------------- > Tarquin Mills > [my physical address removed for security] > > By email [email removed to stop SPAM] and courier > -- > Tarquin Mills (Chairman) > ACCUS (Anglia Classic Computer Users Society) > http://www.speccyverse.me.uk/comp/accus/ > http://www.PetitionOnline.com/Spectrum/ (We want a Spectrum +4) > _______________________________________________ > QL-Users Mailing List > http://www.q-v-d.demon.co.uk/smsqe.htm _______________________________________________ QL-Users Mailing List http://www.q-v-d.demon.co.uk/smsqe.htm
