NETWORK 54 COPYRIGHT INFRINGEMENT FORM

Please fax to: 310.443.4221 along with a photocopy of a legal identification card, such as

A driver's license or passport

Your Name:

Full legal name: Bettie ( Betsy)  Ashby

President

Out of the Dark, Inc.

Your Email Address:

Guardian@XXXXXXX

Your Mailing Address:

I will be near Cherokee until mid March

XXXXXXX

Robbinsville, NC 28771

After which, I may be reached at my campground in VA

Blackwater Campground

7651 Whispering Pines Trail

Windsor, VA 23487

Your Telephone Number:

Until mid March, I can be reached at my cabin:

828-XXX-XXXX

After which I can be reached at Blackwater

757-357-7211

N54 URL Where Infringement is Located:

http://www.network54.com/Forum/539634/message/1171499527/This+is+the+kind+of+thing+I+want+to+keep+off+of+my+board...

Description of the Allegedly Infringed Upon Work (Include URL):

On February 14, 2007 your client lifted a post I made to friend's board

http://disc.server.com/discussion.cgi?disc=199489;article=21659;title=Issues%20Affecting%20American%20Indians%20in%20Tennessee;pagemark=20

and pasted it, in its entirety, to her board hosted by Network 54.

http://www.network54.com/Forum/539634/message/1171499527/This+is+the+kind+of+thing+I+want+to+keep+off+of+my+board...

This post contained references to one of my original Cherochuckle Nation creations "Sector Chief Turban Prairie Chicken" and it also contained one of my original (award winning I might add) flames, "You are as intelligent as amoeba phlegm and you have all the class of a $5.00 whore rolling around in a dung heap. " which I authored in 1989. It won Pagamania's "Flame of the Year" award in 1993. I am so proud of this accolade I keep it nestled safely between my "Doctorate in Slurpology" and my Silver Slug Award.

Your client clearly stated her purpose was to increase traffic to her (Network 54) site when she stole my post and placed it on her board, and as you can see, she was successful, and did in fact generate considerable traffic to her site with the theft of my material.

I immediately contacted your client and told her to remove my copyright material from her website. She refused, and contended that she was entitled to reprint my original material without my permission once I "made it public" As I am sure you know, this is simply not the case. Just because an author publishes their work on one forum, it does not mean it can be stolen and posted to another forum or medium. An author does not surrender their literary license and open their work to the public domain when they publish. Someone really needs to explain this little factoid to your client. While she was free to LINK to my original post, when she stole it and reprinted it to her site in complete defiance of my written objections, she violated my copyright. Any question of "Fair Use" was completely eliminated once I instructed her to remove my original material from her Network 54 site.

As I am sure you are aware, ALL my original material is copyright, and my exclusive property. This includes, but is not limited to, ALL Cherochuckle Nation characters and creative concepts,

Great Grandmother Aurora Borealis Lightning Storm with Chance of Showers Medicine Turkey III

Principle Princess of the Eastern Ensemble of the Cherochuckle Nation

Puerile Elder and Supreme Chief of the Cosmic Soaring Squirrel Clan

Sector Chief Runs In Pantyhose

Sector Chief Trolling Blunder

Sector Chief Tsalawacker

Sector Chief Two Beagles

Elder Squatting Heifer

and of course, the character name used to attract readers to your server; "Sector Chief Turban Prairie Chicken."

February 15, 2007, Network 54 was notified of the copyright infringement, in detail, using the procedure and address prescribed in the Network 54 TOS statement. Since that date, Network 54 has knowingly allowed their client to take benefit from my original writings in direct opposition to my stated objections to the use. Further, the Network 54 client in question is using Network 54 servers to advertise her theft of my material, and is encouraging her readers to do the same. Not only is your client an idiot, she's teaching others how to be idiots too. This is quite common among the faux Indians. Additionally, your client is using Network 54 to taunt me with the theft of my posts (again to increase traffic to, and for the benefit of, her Network 54 site) and claims that Network 54 will not honor my license rights to my original work ...and so far she is correct.

http://www.network54.com/Forum/539634/message/1171587620/Re-++Betsy+says+she+is+going+to+get+my+board+TOS%27d

In addition to the theft of my material on February 14, 2007, I was recently told that your client also plagiarized my original Filk, "I Am the Very Model of a Modern Cherokee Clan Chief" (copy enclosed) in December of 2006 and placed it on her prior Network 54 board here:

Http://www.network54.com/Forum/507951/

However, it appears she has deleted this entire board, and I have no idea if she has reposted my Filk anywhere on her current Network54 site.

While the tune to this Filk is in fact, in the public domain, the words are not! They are my copyright property as well, and considering the fact that your client steals my material at will, I have no choice but to have her board searched to determine if any more of my work is being plagarized Since I have absolutely no intention of reading this woman's inane drivel, I have hired an proof reader in NJ, Donna Taylor, who is familiar with my work to search the Network 54 board where I know my material to already be reprinted in violation of my rights as the author. I fully expect to be reimbursed for this, and any other expenditures made necessary by Network 54's unwillingness to police their own clients.

Gentlemen (& Ladies?) whether of not what I write has any literary merit whatsoever is both open to interpretation and COMPLETELY IRRELEVANT to the issue at hand, i.e. my ownership rights to anything I author, humorous or otherwise. I wish to impress upon you the fact that I take "Amisa Yellowbird's" (BTW, PLEASE don't think real Indians assume names like these!) direct theft and use of my words so seriously I might even have to create a Filk about Network 54 and their Faux Indian Princess !! Could happen ...any minute now...

Anyway ...Network 54 and their client continue to ignore my rights of ownership and use my material to their own financial benefit (increased site traffic, search engine reference and placement) and I expect to be compensated for that unauthorized use. I charge $100.00 per day when ANYTHING I write, draw or animate is used without my permission, negotiated and acquired in advance of the use. I have enclosed an invoice for the amount owed to me by Network54 and their client as of this date. That amount will increase by $100.00 per day that my original writings are displayed on Network 54 servers and used to generate traffic to Network 54's paid client's board. As soon as it is received, I will also forward the bill from Ms. Taylor, who is searching your client's board for the other violations of my copyright that have been reported.

I completely understand Network 54 has the perfect legal right to support these Faux Indian's exploitation of Native Culture and Tradition. This is America, where you have the god given right to exploit the spiritual beliefs of others for fun and profit. I know this is how Capitalism works... and the exploitation of Indians by whites is nothing new!!!

However, I have never been a client of Network 54, I have never used your services nor posted to your boards, and I have never given my permission for ONE SINGLE WORD I have written to be exploited by your Faux Indian Client on the Internet EgoIndian forum you host! In that same spirit of American capitalism, I would now like to be paid promptly for my original characters and material which have been used, against my clearly expressed objections, to the benefit of Network 54 and their, as yet unidentified paying client.

Please feel free to call me at the phone number provided if you have any additional questions regarding this matter.

Your Relationship to the Copyright Owner:

She is my evil inner twin Skippy, but since we inhabit the same meat sack, I claim legal ownership.

I agree that by submitting this complaint, I represent under penalty of

perjury that the above is accurate, that I am either the copyright owner

or authorized to act on such person's behalf, and that I have a good

faith belief that that the alleged infringement is not authorized by the

copyright owner, its agent, or the law.

Yes, yes, it's mine...allll mine! Now give it back or pay me!!

Signature:

Date:

February 26, 2007

I am the Very Model of a Modern Cherokee Clan Chief

sung to the tune of

"I am the very model of a Modern Major-General"

...with apologies in advance to Gilbert and Sullivan

I sell them ID cards so they can prove they are an Indian

And give them names like "Hawk" and "Wolf" so they can impress all their friends

*********************************************************************

I'm very good at subterfuge and dancing circles 'round the truth

I don't care who I hurt as long as I'm collecting all their loot

In short, my info's valuable, so bring some cash 'cause I'm not cheap

I am the very model of a modern Cherokee Clan Chief

*********************************************************************

I created our Clan's history out of thin air and a comic book

I threaten to sue anyone who questions just how White I look

I quote the Swimmer manuscripts, and claim he was my Great Grand Pa

I lie about my ancestry to hold the paying crowd in awe

Now I can smell a seeker with a fat bank book a mile away

Then trick them into donating to bogus schemes because I say

You only get to be part of the Clan as long as you can pay

and don't you dare run out of funds or I will make you rue the day!

*********************************************************************

Then I adopt new suckers, found in plenty on the Internet

and tell them how their predecessors failed to have all my needs met

In short, my info's valuable, so bring some cash 'cause I'm not cheap

I am the very model of a modern Cherokee Clan Chief

*********************************************************************

In fact when I know how to tap a person's deepest hopes and needs

When I can tell at sight someone who's honest both in thought and deeds

That's when I pounce upon them like a Jackal on its wounded prey

I'll make them feel like they belong no matter what I have to say

and when I've taught Clan Members they must blindly obey my decrees

That I know more Traditions then the Elders I insult with glee

In short, when they devote their efforts to my 501 (c) (3)

You'll say a better Cherokee Clan Chief there's never been than me

*********************************************************************

Considering my history I am doing well, you must agree

I've only been an Indian since "Dance with Wolves" came on TV

But still, my info's valuable, so bring some cash 'cause I'm not cheap

I am the very model of a modern Cherokee Clan Chief

I have included an alternative form of State issued ID with my DOB removed, the possession of which should be more then sufficient to prove my identity. I am very picky about who I give copies of my "Drivers License" "Pass Port" and other personally identifying information to, as I am sure you can understand.

Invoice # 142p07     Date: February 26, 2007

From:

Bettie (Betsy). Ashby

Out of the Dark, Inc..

7651 Whispering Pines Trail 

Windsor, VA 23487

(757) 357-0664

Account Name:

Network 54

Account Type:

Open

Billing Address:

Chris Moser

10940 Wilshire Blvd

Suite 600

Los Angeles, CA 90024

Commercial use of pre published and copyright content and material - February 15 to February 26, 2007 $100.00 per day $1,100.00

   

   

Tax:

n/a

Total:

$1,100.00