[lbo-talk] The lawsuit

joanna 123hop at comcast.net
Tue Aug 2 14:30:16 PDT 2005


Kelley,

I'm putting a check in the mail today/tomorrow. I'm sorry it's only for $100, but I assume every bit helps.

I've had a lot of car/financial problems lately or it would be more.

Joanna

Kelley wrote:


>Hi,
>
>This is from Kelley, Reese, and Sonshine (Daniel). As some of you are
>aware, we are each names in a lawsuit in Pinellas county district
>court for alleged copyright violations (there is no evidence given
>that the material has been registered with the copyright office, which
>makes a difference [see court case below]), trademark infringement (we
>are not sure, but we believe it's about a banner ad created for a
>conference in 2002), and tortious interference with contract (usually
>prosecuted on the basis of a non-compete, which certainly wasn't in
>place). All of this because we put a *portfolio* of our work online
>for which we were given verbal authorization. IT came as a complete
>shock to me that I couldn't display my work in a portfolio.
>
>Until we can get this straightened out, we're taking the site down
>temporarily, leaving just the front page, news page, and contact
>information.
>
>We need to start a legal defense fund because this is going to cost us
>$10-15,000 just to retain an attorney. We set up a paypal account at
>oudeis at gmail.com. We can put a PO box address online shortly.
>
>I'm being asked to never show my work or mention the clients.
>Everything I've written, designed, or edited -- even material that was
>never used or rejected by the company or clients. He's even forbidding
>the work Reese and I did as a freelancers (with no contract) and not
>as employees. This stuff wasn't work-for-hire and no agreements were
>in place. We did not sign an NDA, we did not sign non-competes, and
>there was no handbook or policy manual given us during our work as
>either freelancers or employees.
>
>There is also this case: http://pub.bna.com/ptcj/05437May18.pdf which
>is very similar.
>
>We are asking for help: send a buck if you can spare it. If you know
>people who can help us find an attorney, great. All the firms here
>want $10,000 and more as a retainer. IN order to at least retain our
>work as freelancers or to even move the case to the point Robin Euler
>did, where she was allowed to display work in an online portfolio,
>this is the kind of money we are talking. Euler's attorney is very
>helpful, worked with firefighter's union. This may get kicked to the
>Federal level, if that matters as to who you might know who can help.
>
>I'm sure people would like more details. I don't know what I can and
>cannot say. So, I'm avoiding saying much at all and I realize that
>people are reluctant to help if they don't understand the issues. But,
>we really have no choice but to raise money.
>
>Thank you!
>
>oudeis at gmail.com
>
>Kelley, Reese, and Daniel (Sonshine)
>inkworkswell.com
>
>___________________________________
>http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>
>
>



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