Emory University lawyers
write to David Irving, "March 21, 2004", refusing to cease
2800 1100 Peachtree St.
404 815 6500 f 404 815 6555
March 21, 2004
dial 404 815 6406
fax 404 541 3126
VIA INTERNATIONAL MAIL AND FACSIMILE
[. . .]
Dear Mr. Irving,
This firm represents Emory University. In response to
your letters to our client of February 17 and March 12,
please be advised as follows.
1. The posting of the material on the Emory
University web-site does not violate any copyrights which
you may own, whether under the laws of the United States
or the United Kingdom. Placement on the Emory web-site is
fully authorized by the "fair use" doctrine of American
law, 17 U.S.C. 107.
Having conferred with our London office, I know that
there is even less basis for a claim under British law,
including the "fair dealing" section of the Copyright,
Designs, and Related Rights Act. See also the judgment in
case number 199/0459/3 (Hyde Park Residence Ltd
(Appellant) and David Yelland, et al. (Respondents)),
in particular paragraphs 62, 63 and 66 in which the court
explains, inter alia, that it will not enforce copyrights
in works that are immoral or scandalous, injurious to
public life, public health and safety or the
administration of justice or which incite or encourage
others to act in a way contrary to public life, health,
safety or the administration of justice.
2. We are equally confident that there is no basis for
your claim that placement on Emory's website of materials
which were part of the trial record violates any court
order. The rule is to the contrary, as you must know.
We understand that you are bankrupt and could not sue
without permission from your trustee. We will insist that
you and your trustee post adequate bond should litigation
be brought in the United Kingdom in order that we might
be reimbursed for attorney's fees incurred in defending
such a frivolous claim. United States Supreme Court
authority provides for similar recovery by defendants of
attorney's fees in copyright litigation, and we will
insist upon a bond to cover such fees should you bring a
lawsuit in the United States.
In sum, Emory is fully authorized under the laws of the
United States and the United Kingdom to continue to post
these materials on its web-site. Emory will vigorously
defend its rights and take all appropriate measures to
assure, among other things, that it recovers all expenses
incurred in defending any frivolous proceedings or
litigation. Please govern yourself accordingly.
Sencer (via U.S. mail & e-mail)
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