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Posted Sunday, March 21, 2004 • HELP MR IRVING'S LEGAL BATTLES click

Emory University lawyers write to David Irving, "March 21, 2004", refusing to cease and desist

Suite 2800 1100 Peachtree St.

Atlanta GA 30309-4530

t 404 815 6500 f 404 815 6555

March 21, 2004

direct dial 404 815 6406

direct fax 404 541 3126


[. . .]

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.


Joseph M. Beck


cc: Stephen Sencer (via U.S. mail & e-mail)




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