Thursday, July 05, 2007

Fall River still trying to be at center of attention.

Well here we go again. The Fall River boys have not been mentioned lately but they are very busy behind the scenes doing their darnedest to have my website taken down due to what they consider copyright infringement. They want some attention. Here it is.

They wrote a letter or false, nuisence and frivolous allegations to Network Solutions to get my website shut down. The "Request for Cease and Desist" was an affidavit submitted by Willaim Aguiar III and notarized by John Francouer, of Levin and Levin Attorneys in Fall River. I furnish a link to the 35 page PDF file they sent to Network Solutions. I have nothing to hide.

I have permission from the people who gave me materials to use those images as I choose for the making of the documentary. The Black Dragon Fighting Society, in the person of William Aguiar, in Fall River has never given me anything. I get accusations, demands for thousands of dollars and no proof of right to attorney over all these images I have received from other people's PERSONAL PHOTO COLLECTIONS.

I have used images from a book that was published in 1968. I have used images of that book cover. That book was copyrighted in 1968 by John Timothy Keehan, aka Count Dante, not William Aguiar. I have used a comic book ad not to sell, but as an illustration of a journalistic story. John Keehan was in business with the Joe Wieder Company at the time of some of these ads, I will query them as to their knowledge of ownership of the adverts. It may belong to them/ I am not selling book but telling a story.

Until I see proof of ownership of all of these materials I have on my website, and/or have a court order I am removing nothing I received from other people.

I invoke my right to use images of the book to illustrate my story on the internet. I challenge their claim to ownership to the photos in the book as the photographer did not relinquish all rights to the photography for the publication of the book and thos images I used are from the original 1968 World's Deadliest Fighting secrets. It has been 40 years, principals have died and anybody can claim anything.

I have asked John Francouer of Levin and Levin to send me a letter by snail mail from his office regarding this matter. I have not received a court order, I have not seen details of the accusations against me under cover of a letter directed to me. This document sent to Network Solutions and copied to me by Network Solutions is the first I have seem of all my dastardly crimes against the Black Dragon Fighting Society.

I have never received one of these things. They count on the fear factor to get people to comply with their wishes. I am not budging without proof of power of attorney over the estate of John Keehan that entitles them to his name, and all materials and good related to his business that was publicized as being put into his wife's name when he died.

Most amusing thing in the Grandmaster of the Black Dragon Fighting Society's affidavit is an accusation that I threatened him under someone else's name and he can produce an IP number to prove it. Now THAT is interesting? He accuses me of being someone named Joey Chicago. Will the real Joey Chicago please stand up? Do people take internet threats from across the country that serious? Especially if they are Grandmasters and sole heir to the deadly throne and fighting system of Juan Raphael Dante? Holy dragon claw!

I wrote their lawyer over a year ago asking that they give me a cataloged list of images I am using that they hold copyright to. They never replied. I have obtained images from people close to John Keehan, magazines and newspaper articles. I used some film footage that was send to me from abroad.

John Creeden claimed that film footage was his fathers and sold the rights for usage of said footage for $1000.00 to an investor in the film. I used stills from the footage to illustrate what we had. Then wanted an additional $500.00 for other materials. What he supplied was footage that was not digitally captured. It was shot from a TV screen.

When Creeden saw there was not another payday coming and that the investor had shared the footage with their hated nemisis, Ashida Kim(Oooooooo mufasaaaaaaa!) He retreated back into Willaim Aguiar's camp. Along the way he accused me of paying one John Patricio, a long-time here to fore banished fellow traveller of the Black Dragon Fighting Society, the amazing sum of $7000.00 for some xeroxed copies of some images that were already accessible on the internet at archive.org.

He has received the $1000.00 in good faith and then accuses people of copyright infringement.
I will post the receipt and proof that he received this money. Until he returns the $1000.00 he relinquishes his rights to any claim for use of that footage. He brags on the internet how he duped us intentionally. Are you paying attention Robert Rankin, good plot points here.

They have engaged in these frivolous and nuisance threats for over 12 years on the internet, first with Ashida Kim, then with the rock and roll tribute band, Count Dante and The Black Dragon Fighting Society.

They did not prevail legally with the rock and roll band as it was parody. Ashida Kim decided it was not worth the trouble and did not contest their claims in a court of law. Ashida had better things to do as he had maxed out the international exposure of the Black Dragon Society while they have spent the last 32 years in Fall River hoarding a forgotten and misunderstood legacy.

My position remains the same. I have not received a court order to cease and desist. I will not respond to an email demanding that I "cease and desist." I have seen no evidence of ownership that applies to the images that I have on my website. I need a visual list of what they lay claim to. That I can show to a lawyer instead of wasting my and their lawyers valuable time.

The images I have obtained to publicize the making of the film were from numerous individuals in Chicago. I have never taken anything or received anything from the Fall river crew except the poor quality footage that was paid to John Creeden III.

I state for the tenth time, I will not and cannot use any footage in the completed film that is not paid for and has been fully vetted for legal ownership and licensing. The photographs in the 1968 book were not bought out for all rights. The photographer is alive and living in Florida.

I will avoid at all costs, paying one person then getting another claim from someone else for the same materials. They gotta show my ass some power of attorney over all this stuff and not the copyright of a rewritten book and trademark that I am not using as a trademark but as part of a story. They need to address correspondence to me, in my name, that I can take to a lawyer and finally get to the bottom of this mess.

I will also want protection against all future claims by any other individuals or family members who may possibly appear to lay claims to these materials in the event we come to an agreement for use of anything they might own in the film.

So that's my news for the day. Fall River is letting us know they will not be ignored.
OH MY GAWD!!! :-)

2 comments:

mschremp said...

My opinion for what it's worth. I am professionally employed in a field known as "Non-Destructive Testing". All certifications within this field have been developed by an association known as the "American Society for Non Destructive Testing (ASNT)". I have a certificate as an NDT Level III issued by ASNT. This is the equivalent of a black belt in Karate. It is the highest certification one can get. Now if Floyd wanted do do a movie on me (I'm available) and he were to talk about my career, and he chose to show my certificate there should be no problem since it was issued to me (as long as he does not claim to represent or belong to ASNT). And yes, ASNT is a copy written logo. Also, if Floyd chose to do a documentary film about the United States Karate Association (USKA)as long as he does not represent himself as the USKA I don't see how any copy writes have been broken. A documentary is just that, a historical film. If I were to take pictures of Paris Hilton in public, I could publish those pictures without her consent. So if people are giving Floyd pictures that they have in their private collection (such as certificates issued from Count Dante, images of themselves with Dante or pictures that they took of Dante) Fall River has no claim. This should be true even if theses pictures include the BDFS or WKF logo. Again, as long as Floyd does not claim to represent the BDFS or WKF this should not be a problem. This is where I feel the BDFS does have somewhat of a claim against Ashida Kim. He represents himself as the BDFS. But then again, if he purchased the Worlds Deadliest Fighting Secrets and did get a membership card where would that leave us. Now, as far as the original Worlds Deadliest Fighting Secrets goes it probably has fallen into public domain (I don't know this for sure). However, it probably does not matter. What if Floyd were to do a documentary on the terrorist attacks of 911? Could he show a copy of the New York Times from the next day. I would think so as long as he did not copy the article and re-print it in another news paper. As long as Floyd does not try and defraud the public with any of these images there should be no problems. If I had footage of Count Dante at a Karate tournament I could give or sell that footage to Floyd and there is not a Damn thing Fall River could do. You can not copy write a person, end of story. Also, I read the 35 page PDF that Floyd put up and found something interesting. John Creeden posted on the BDFS website that Floyd is still breaking the law by showing the certificate of rank given to Woodrow Edgell from the WKF because it contained the WKF logo. However in their complaint they did not mention a copywrite on the WKF logo (if they did, I missed it. Just Count Dantes logo's. Anyway, enough from me. As I said before, just my opinion.

Anonymous said...

the count was hardly at the u s k a chgo. to teach class algene card. was in his place.er