ANOTHER 24 HOURS ... STILL NO SATISFACTORY REPLY FROM XOOM.com

Theodore Latham (tedrico@hotmail.com)
Wed, 05 Aug 1998 22:45:11 PDT


On Wed. Jul 05, 1998 Tedrico Latham <tedrico@hotmail.com> replied:

Bruce,

    This response is BS .. and I don't mean Bachelor of Science either. 
"Shouldn't I have had the right to speak on behalf of my own defense and 
perhaps .. try to resolve this matter through negotiation with you or 
whomever made the initial complaint before you had my site purged from 
your server?" Also, HOW could you bring yourself to write this letter, 
which is basically a "Blow-Off" and does not answer NOT ONE of the many 
questions put to you by both me and loads of concerned advocates of 
homelessness and people who are still on the streets, RIGHT NOW, even as 
I reply to this play on words you call a REASON for you actions. And 
just think, that after waiting 5 days and probably consulting with your 
legal people, this is the best reason you could come up with, to explain 
your motive for deleting Tedrico's Page: Homelessness, Hitchhiking, 
Panhandling, and Homeless Programs.

     I find it amazing, that you were even able to climb the executive 
business ladder to the position of CEO, every time I read this poor 
excuse for a response letter to an overwhelming amount of e-mails from 
those whom your heartless and thoughtless actions have angered, and may 
I add ...  to the point of PROTESTING & BOYCOTTING of your services and 
products. I'm not your ordinary HTML programmer which I'm sure you've 
already figured out, and even if you haven't, someone on your staff has, 
which would explain why they allowed me to receive the following message 
to Joey on your abuse team:

Reply-To: "Abuse@Xoom.com" <abuse@xoom.com>
From: "Abuse@Xoom.com" <abuse@xoom.com>
To: "Theodore Latham" <tedrico@hotmail.com>
Subject: Re: Found something WEIRD in my Server Log!
Date: Fri, 31 Jul 1998 09:44:58 +0100

Uhhh!  Joey check this out!  Is it cool for one of our members to be 
able to do this?  Also this situation is getting out of hand.  One 
guy threatens lawsuit to have this site removed will now he is getting 
pissed and knows he has been removed.

    And my lawyer tells me that your staff member has agreed to give 
their full cooperation on this matter so long as they can retain their 
anonymous identity and be exonerated from what both my lawyer and I have 
in store for XOOM. Tell me Bruce, have you ever seen "Mutiny on the 
Bounty". I curious, because surely now, you must be wondering who on 
your XOOM abuse staff has strayed away from their vow of allegiance to 
you and the XOOM organization on a whole. Are they "somewhere deep down 
inside" an advocate of helping the homeless. You'll never know!! But, in 
my opinion, this staff member should be given a Pulitzer prize for 
leaving the back door open to your server's administative area that 
night, so that it was easy for me to find out what reason you used, when 
filling out the LOCKOUT FORM located at:

http://master.xoom.com/Actions/lockouts/

     ... you know the one I speak of, which includes the reasons for 
your lockout actions, 2 of which in my opinion, I believe to be an 
example of an ISP having too much power over it's members sites and 
UNETHICAL ABUSE OF AUTHORITY! Here are the 2 I'm referring to:

User is an Asshole
Simpy Disliked the User

     But NO! .. You didn't choose either of these reasons to purge 
Tedrico's Page from your server .. but .. instead, the one you did 
choose ... "MP3" , which I made sure that many of my e-mailed supporters 
were able to see before you closed the back door server administration 
loophole left by your staff member, clearly denotes that you randomly 
selected this reason to purge my site, probably just so you'd have a log 
record on your books to show a reason why for any future inquiry 
requests. Well when I see you in court, you'll have to show this record, 
and you know you can't change what was previously there to something 
else, because the entry time will be logged for a day and time other 
than Thursday evening when you initially filled the form out and issued 
the purge request. Need I remind you again:

>host048.xoom.com - - [30/Jul/1998:18:01:45 +0000] "GET / HTTP/1.0" 200
>54 "http://logger.xoom.com/viewer/tedrico" "Mozilla/4.0 (compatible;
>MSIE 4.0; Windows NT)"
>
>host048.xoom.com - - [30/Jul/1998:18:01:48 +0000] "GET / HTTP/1.0" 200
>54 "JavaScriptTurnedOff" "Mozilla/4.0 (compatible; MSIE 4.0; Windows
>NT)"
>
>host048.xoom.com - - [30/Jul/1998:18:03:10 +0000] "GET /index.html
>HTTP/1.0" 200 54 
"http://master.xoom.com/Actions/lockouts/x-ray/tedrico"
>"Mozilla/4.0 (compatible; MSIE 4.0; Windows NT)"

     We all know that MP3's are 3 layered .Mpeg format movies and true 
enough, had I had one or more of these on my site, then I'd be guilty of 
violating your Terms of Agreement and copyright infringemnets as well. 
But, I did NOT have an MP3 on my site because I know, as a professional 
designer & promoter of websites, that MP3's require special players that 
the majority of the netizens on the WWW don't readily have installed on 
their computer platforms, and thus it would pose an overall operating 
system compatibility problem for viewers of the web page that it resides 
on.

     So, with all of this said, I ask you once more ..... WHY was 
Tedrico's Page abruptly and wrongfully purged from not only YOUR server 
and CYBERSPACE, but also from the rather LARGE online homeless support 
system that many currently homeless, formerly homeless, marginally 
homed, and homeless advocates have relied on as a top source for contact 
information and educational support. This is no longer just a mere 
problem between the ISP and the Client, but a political issue and I know 
my supporters won't stop until (1) you've consulted with me to RESOLVE 
the trademark dispute, if there actually was one in the first place , 
(2) my site has been restored under its original URL, and (3) a letter 
of apology has been sent to ME. And I won't take this lightly either. In 
fact, if I don't get a REAL answer from you next time, you will force me 
to sue the pants off of XOOM, and promote the LARGEST online campaign 
against your 4th ranked ISP in the history of the internet. And I assure 
you, that I am a PROFESSIONAL promoter of websites. You obviously have 
no idea what it's like for ACTIVISTS to be on your back! All I can say 
further is ... the ball in in your court and the question here is ... 
"Will my promotion efforts be for you ... or AGAINST YOU"!


Regards,

Tedrico Latham

_________________________
TEDRICO'S PAGE
http://members.xoom.com/tedrico/?homelessness
Your Informative Homelessness Resource Link!
P.O. Box 514 Rich Square, NC 27869 (252)539-4228
<tedrico@hotmail.com>



---------- Xoom Webmaster Response #1 ----------

Subject: re: members.xoom.com/tedrico
Date: Tue, 4 Aug 1998 19:29:49 -0800
From: WebMaster <webmaster@xoom.com>
To: <tedrico@hotmail.com>


Mr Latham's site was removed because he violated our Terms of Service 
agreement.

Many of you have speculated as to what the cause was, and others have 
made assumptions (including Mr. Latham)... none of which were correct. 
It should be hard to draw such conclusions when you don't have all the 
information (and legally, I'm not allowed to give it to you... much to 
my chagrin.)

While I admire the work that many of you are involved with, I must say 
that I'm quite shocked at the attitude, threats and demands that many of 
you conveyed to me and to Xoom.

And to those of you who took a calmer, more inquisitive tone, thank you.

This was a legal issue, pure and simple.  

We received a very pointed and direct complaint about a trademark 
violation, and to keep both Xoom AND Ted Latham out of any possible 
legal conundrum, we removed the site.

We only provide notice of removal under specific conditions, and the 
threat of legal action due to trademark violation is not one of those 
conditions.

We're pretty clear about such violations in our Terms of Service 
agreement, for precisely this reason.

While Xoom is very happy to host sites with such noble goals, we cannot 
and will not allow such violations.

thank your for your attention,

Bruce
Xoom Webmaster

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