Legal Notice to the person or persons doing business as Yahoo! GeoCities, effective at 11:59:59 P.M. GMT
on 4 July 1999
There being no exemption to Section 106 of Title 17 of the United States Code claimable by Yahoo!GeoCities under Sections 107 to 121, inclusive, of Title 17 of the United States Code, the Universal Resource Locator (“URL”) address (commonly called “the homestead”) located at http://geocities.datacellar.net/hollywood/hills/1670 , and all of its dependent, linked, related parts, portions, contents, files, and sub-files, are hereby publicly declared by the person who has established, maintained and updates the said URL (alias “the Homesteader”) to be protected under Section 106 of Title 17 of the United States Code; and, except as specifically provided for in Section 117 of Title 17 of the United States Code, the Homesteader specifically and categorically denies to Yahoo!GeoCities any and all rights, privileges, and authorisations to ownership, licensing, sale, reproduction of content, or distribution in any manner whatsoever of any content in, with, on, connected to or linked to, or pertaining in any way to the homestead, except to provide for its availability and display to users of the Internet or World Wide Web, or any successor to the same, who shall seek out the said homestead by the acts commonly called “linking to,” “browsing,” or “surfing the Internet,” and to provide for the availability of its URL and a true and brief description of the homestead’s contents to what are commonly called “search engines” and their users.
Title 17 of the United States Code (“the Copyright Act”) is herein incorporated in full by reference, as is the Berne Convention Implementation Act of 1988 (Act of October 31, 1988, Pub. L. 100-568, 102 Stat. 2853).
CONCLUSION AND DECLARATIONS:
There being no exemption to Section 106 of Title 17 of the United States Code claimable by Yahoo!GeoCities under Sections 107 to 121, inclusive, of Title 17 of the United States Code, the Universal Resource Locator (“URL”) address located on the Internet or World Wide Web at http://geocities.datacellar.net/hollywood/hills/1670 , and all of its dependent, linked, related parts, portions, contents, files, and sub-files (commonly called “the homestead” or "The Jaundiced Eye Productions Home Page") , are hereby publicly declared by the person who has established, maintained and updates the said URL (alias “the Homesteader”) to be protected under Section 106 of Title 17 of the United States Code; and, except as specifically provided for in Section 117 of Title 17 of the United States Code, the Homesteader specifically and categorically denies to Yahoo!GeoCities any and all rights, privileges, and authorisations to ownership, licensing, sale, reproduction of content, or distribution in any manner whatsoever of any content in, with, on, connected to or linked to, or pertaining in any way to the homestead which shall be deemed "a computer program" within the meaning of this section, if such display, sale, reproduction of content, or distribution in any manner shall be in violation of any section of Title 17 of the United States Code.
Yahoo!GeoCities has, as of 4 July 1999 failed to engage in any negotiations with the owner of the copyright to the homestead ("The Jaundiced Eye Productions Home Page") for any of the copyrights or licenses to copyrights vested in the Homesteader, therefore no license, authority, right, or consent, whether expressed or implied, is granted to Yahoo!GeoCities to place any portion of the data contained on or in this homestead into any coin-operated phonorecord player or to utilise any portion of the homestead for any commercial purpose whatsoever. No written consent having been obtained from the Homesteader by Yahoo!GeoCities for any waiver of any rights claimed by the Homesteader under Title 17 of the United States Code, the Berne Convention, and any and all laws giving effect thereto, the Homesteader specifically limits the privilege of Yahoo! GeoCities to display any portion of the said homestead to any persons other than users of the Internet or World Wide Web, or any successor to the same, who shall seek out the said homestead by the acts commonly called “linking to,” “browsing,” or “surfing the Internet,” and to users of what are commonly called “search engines” and their is limited, pursuant to Subsection (c) Section 109 of Title 17 of the United States Code to those persons whom Yahoo!GeoCities to viewers present at the place where the copy is located, to wit: only at such exact and specific physical geographical locations owned, rented, leased or maintained by Yahoo!GeoCities where the actual archival copies of the homestead are located, and at no other site whatsoever, except by order of a court of law having appropriate jurisdiction, or with the express written consent of the Homesteader, such exact and specific physical geographical locations owned, rented, leased or maintained by Yahoo!GeoCities being known as “computer servers” or “hubs” within the commonly accepted meaning of such terms within the community of computer users, and at no other place whatsoever.
The Homesteader expressly grants to Yahoo!GeoCities as an “Internet Service Provider” the privilege, pursuant to Section 109 of Title 17 of the United States Code to maintain an archival copy of the homestead at each such exact and specific physical geographical locations owned, rented, leased or maintained by Yahoo!GeoCities where the actual archival copies of the homestead are located for the purposes of maintaining full, normal, usual, and non-commercial access to the homestead to those who shall seek out the said homestead by the acts commonly called “linking to,” “browsing,” or “surfing the Internet,” and to users of what are commonly called “search engines,” such exact and specific physical geographical locations owned, rented, leased or maintained by Yahoo!GeoCities being limited solely to those known as a “computer servers” or “hubs” within the commonly accepted meaning of such terms within the community of computer users. Insofar as Yahoo!GeoCities shall be considered an “Internet Service Provider,” such “computer servers” or “hubs” shall consist solely of those computers accessible to those who shall seek out the said homestead by the acts commonly called “linking to,” “browsing,” or “surfing the Internet,” and to users of what are commonly called “search engines,” and to “computer displays” or “monitors,” within the commonly accepted meaning of such terms within the community of computer users, which are located at the same exact and specific physical geographical locations owned, rented, leased or maintained by Yahoo!GeoCities which share the same mailing address recorded for such “computer servers,” “hubs,” “computer displays” and “monitors” by the United States Postal Service or the national postal service of any nation wherein such “computer servers,” “hubs,” “computer displays” and “monitors” are located. The maintenance or display of any other copy of the homestead and any or all of its dependent, linked, related parts, portions, contents, files, and sub-files at any exact and specific physical geographical location by Yahoo!GeoCities shall be deemed by the Homesteader as an unlawful violation of Title 17 of the United States Code, of the Berne Convention, of the Berne Convention Implementation Act of 1988, and of any other pertinent national laws implementing or giving rise to the Berne Convention, in whatsoever country such laws may be in force, and shall be held actionable at law in any jurisdiction in which such violation may occur, or, at the sole discretion of the Homesteader, in the Courts of the United States of America as the laws of the United States may allow foreign laws to be enforced within the borders of the United States of America.
Pursuant to section 106A of title 17 of the United States Code: “Rights of certain authors to attribution and integrity,” which is incorporated herein by reference, the Homesteader, as author of the visual art “Jaundiced Eye Productions Home Page” whose Universal Resource Locator (URL) address is located at http://geocities.datacellar.net/hollywood/hills/1670 , and all of its dependent, linked, related parts, portions, contents, files, and sub-files, without exception, and hereafter called “the work,” specifically forbids, under penalty of law, Yahoo!GeoCities, its employees, agents, interns, trainees, attorneys, and representatives of any sort whatsoever from claiming authorship of the work, distorting, mutilating, or otherwise modifying the work in any manner which would be prejudicial to the honor or reputation of the Homesteader; and, in that the work is, as of 4 July 1999, ranked tenth in popularity among all EuroSeek™ Class 1 “personal pages” and has been the recipient of high praise and awards, declares that the homestead is “a work of recognized stature,” and any intentional or grossly negligent destruction of that work is strictly prohibited and a violation of the rights of the Homesteader under subsection (a)(3)(B) of section 106A of Title 17 of the United States Code, and shall be prosecuted to the fullest extent of the law.
Moreover, the Homesteader having, for more than two years, operated the said homestead under a pseudonym as permitted by the laws of the State of California, and diligently and with vigour protected the Homesteader’s name ad litem from public knowledge without any attempt to perpetrate any fraud, the Homesteader declares that the Homesteader’s identity and name ad litem, is protected as private under the Constitution of the State of California, that any act or action, whether of omission or commission by Yahoo!GeoCities, its employees, agents, interns, trainees, attorneys, and representatives of any sort in violation of, or in any way pertaining to Title 17 of the United States Code, which shall oblige the Homesteader to make any legal filing or any legal pleading in any court of the United States or in any court of any of the several States or Territories of the United States of America shall be deemed a violation by Yahoo!GeoCities of the Homesteader’s right to privacy as guaranteed by the laws of the State of California, and that Yahoo!GeoCities shall be subject to legal proceedings under the laws of the State of California, within the venue of the County of Los Angeles, or in such other County as the Homesteader may reside or do business.
Furthermore, in that Yahoo!GeoCities utilises the labor of the Homesteader for commercial profit without any monetary compensation to the Homesteader, any act or action, whether of omission or commission by Yahoo!GeoCities, its employees, agents, interns, trainees, attorneys, and representatives of any sort in violation of, or in any way pertaining to Title 17 of the United States Code, which shall oblige the Homesteader to make any legal filing or any legal pleading in any court of the United States or in any court of any of the several States or Territories of the United States of America or which shall cause the Homesteader’s name and identity ad litem to be publicly revealed in violation of the Homesteader’s right to privacy under the laws of the State of California, shall be deemed by the Homesteader and by such public officials as the law may allow to act by, for, or on behalf of the Homesteader as legal authorization by Yahoo!GeoCities for the Homesteader or such public officials to seek recompense for any sort of damages caused to the Homesteader or to the People of the State of California or to the United States of America by Yahoo!GeoCities, its employees, agents, interns, trainees, attorneys, and representatives of any sort due to any possible criminal activities in which Yahoo!GeoCities may have engaged in its relationship with the Homesteader, including, but not limited to fraud, criminal copyright violation, computer crime of any sort, theft of labor, racketeering, and anti-trust law violations.
Nothing in these Conclusions and Declarations shall preclude the Homesteader from seeking legal redress under the Berne Convention or under any national laws giving effect thereto, in any nation or jurisdiction in which Yahoo!GeoCities shall have violated the rights of the Homesteader under the Berne Convention and any national laws giving effect thereto.
Yahoo!GeoCities shall have until 11:59:59 P.M. GMT on 11 July 1999 to reply in writing to the Homesteader to any objections it shall have to this legal notice. Failure on the part of Yahoo!GeoCities to reply in writing to the Homesteader by the aforesaid date and time shall be deemed acquiescence and agreement on the part of Yahoo!GeoCities to the Conclusions and Declarations of this Notice.
SEVERABILITY CLAUSE: the finding by any court of the United States of America or of country which shall have enacted the Berne Convention or any other pertinent national laws implementing or giving rise to the Berne Convention or any similar agreement, that any portion of this Notice, or of its Conclusions and Declarations shall not be enforceable, shall in no way effect the enforceability of any other portion of this Notice, its Conclusions, and its Declarations, which shall be deemed enforceable in and of themselves.
Posted by the Homesteader of http://geocities.datacellar.net/hollywood/hills/1670 ,
commonly designated by the pseudonym
The Grand Panjandrum,
in accordance with the laws of the
State of California and all of the several
Territories, Commonwealths, Possessions, and States of the United States of America which are required by the Constitution of the United States of America to give “full faith and credit” thereto.