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Computers, Internet and Cyber Law Cyber law deals with legal issues related to use of communications technology, particularly cyberspace, web sites, and the Internet.
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Old 11-20-2006
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Default My Rights to Refuse the release of URL

I have a couple of questions that I hope you will be willing to respond to.

I am a Navy veteran, pre-Vietnam days, and a couple of years ago organized a reunion for former ship crewmembers. During the early part of that process I decided to create a web presence for the ship since none was in existence. This was done for personal intent and reasons; namely, to advertise the upcoming reunion in hopes of generating interest ... since at that time I was the 'guarantor' of the reunion process at a major Nevada casino in Reno.

This would be done by referring to the url and inviting the fellows to go there for details as needed. Plus I had posted other historical data on the ship; which was decomissioned in 1972 and sold to the Brazilian Navy. I paid for the regisration with personal funds; and had a web design company owned by my daughter create the pages, etc.. Her fee incidentally was ultimately paid from reunion excess funds; whereas, I never requested nor got reimbursed for my purchase of the url.

There has now arisen a dispute between me, the daughter and individuals now conducting reunions. These individuals (... an association was formed AFTER the url and web site were purchased/generated) ... insist that I turn over the url (to the association), and that the web mistress turn over her copyrights (for design and creative processes) , to them. I have repeatedly informed them that the url was my personal purchase and would not comply with their demand. Also they have been informed to contact the web mistress with their request for the actual content; and that she 'might' consider release of the (everday common) data posted thereon.

Am I within my rights to refuse the release of the url; and is the web mistress within her rights to hold onto the creation of the various pages under her copyright claim pending them contacting her?

Thank you.

Chuck Timmerman
Yerington, Nevada
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Old 11-21-2006
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Why do they believe that they own the URL and website content?
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Old 11-21-2006
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Default Response to quesiton

Quote:
Originally Posted by aaron
Why do they believe that they own the URL and website content?
Aaron: From the initial letter in which the (retired) attorney demands we turn over our rights to the domain name, he states that in the early part of October, 2002 "You used association funds to effect this registeration."

That is blantantly incorrect. We (wiwe and I) purchased the url via Network Solutions with our credit card; and still have the receipt printed out on that day. Then, while all other personal expenditures incurred by various members, including the wife and I, were paid at the end of the reunion from excess funds we turned over to the new regime, we never requested ... nor received repayment.

I responded back to his letter that his accusation was news to me; and requested he provide proof. Incidentally, I have copies of the bank records and recipts for all funds collected and/or expended ... except for .23 cents ... which we've placed in a sealed envelope in the event if we have to turn these records over to someone.

Next he states that at this time of registering it was "the intent" that the ultimate web site be the official site of the association.

That too in blatently incorrect. The "intent" was solely mine to 'hopefully' assist in generating responses from crewmembers to attend the reunion since ... and this is key ... I, as an individual, was the sole guarantor for all reunion debts incurred.

At that time, there was no association in existence. It did not become fully organized (adoption of by-laws and other corporate requirements) until a year or so after the close of this initial reunion; either at their reunion of 2004 or 2006. At the end of October, 2002, I and the other committee members that I had 'drafted' to assist, on the advice of one of our crewmembers who was an attorney, followed his advice and began the process of creating a Corporation.

I, being a Capicorn ... now (and even then in 2002) retired of course, and also of the banking/financial industry for 30 odd years, was extremely concerned about this large debt we would be signing our names to and the possibility that enough reservations 'might' not be generated by mere mailings; and that we might have to pay out of our own pocket. 'Dumb' ole me did not realize this when I initially volunteered to do the reunion.

Plus, being an amateur historian I had accumulated several online stories of history, crewmember memories, pictures, etc of the ship ... and had ... months before this all began ... considered doing a personal web page regarding the ship ... after doing the due diligence research that confirmed that no one else had yet done so.

So the reunion volunteering I put myself in, and the realization that we personally faced potential insufficient responses to pay for the process, this all brought forth the memory of my above web site contemplation ... and coupled with the realization that the web presence would be another good advertising medium, I made the personal decision to do so in early October of 2002.

Chuck
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