Re: Future of Tedrico's Page

Tom Boland (wgcp@earthlink.net)
Wed, 5 Aug 1998 02:05:02 -0700 (PDT)


Tedrico, I think your best bargaining point at this time is that you were
*not consulted* before Xoom's decision to bar you.  It's an unethical abuse
of authority, since the accused has a right to speak in their own defense,
and try to resolve a conflict via negotiation before final actions are
decided.

Xoom terms of service at http://xoom.com/TOS/ read, in part:

[regarding] "copyright or trademark rights...XOOM will terminate the
"memberships of, and remove the pages of, repeat infringers", and

"...we reserve the right to monitor, and to investigate any complaints
regarding any content of XOOM members' pages, message-board postings, or
any chatroom statements and to take appropriate action if XOOM finds
violations of these Terms of Service. [paragraph break] In the case of any
such complaint, XOOM reserves the right to remove the content complained of
while the XOOM member and the complaining party attempt to resolve their
dispute. This could result in your page(s) being removed from XOOM for as
long as it takes to resolve the dispute."

I note that Xoom's reply to your supporters' complaints does not state that
your site is barred forever.  So perhaps the best aims for supporters is to
press for Xoom to *CONSULT with you to RESOLVE the trademark dispute, then
RESTORE your site.*

Has Xoom ever conferred with you about any concerns they or others have
about your site content?  Have they told you *exactly* what trademark you
violated and how?  If not, in effect, you're being sentenced without
evidence being available to you, the accused, for review - and possible
refutation or mitigation of the alleged problem.

To quote from Alice In Wonderland, in your case it seems that Xoom's idea
of legitimate authority is "first the verdict, then the trial". Whereever
people are "presumed guilty if accused", without a fair and open search for
the facts, justice, and thus our freedoms, are in dire jeapordy.

Do you have a *backup copy* of what was on your site?  If not, does Xoom?
If they do, perhaps we supporters can at least *get Xoom to send you your
own text and code for your site*.

Tedrico, these are just my thoughts, and there may be indeed be flaws in my
reasoning or the steps I propose.  I welcome your and others' comments on
how to win your aims here, Tedrico.

No masters, no muzzles, no chains. -- Tom Boland

PS: I [Tom] has written Xoom, in part:
>>Will the site go up again after your upgrade at Xoom?
>>
>>Have you barred the site?
>>
>>If so, why?
>>
>>Does anyone at Xoom or elsewhere have concerns about Tedrico's content?
>>
>>If there are concerns, has Tedrico been informed of them and given a chance
>>to address these concerns to your mutual satisfaction?
SNIP



HOMELESS PEOPLE'S NETWORK  <http://aspin.asu.edu/hpn/>  Home Page
ARCHIVES  <http://aspin.asu.edu/hpn/archives.html>  read posts to HPN
TO JOIN  <http://aspin.asu.edu/hpn/join.html> or email Tom <wgcp@earthlink.net>