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From: blocked@etoy.com Save Address Block Sender
To: "luzius bernhard" <hans_extrem@hotmail.com> Save Address
Subject: eToys vs. etoy: NO SHOWDOWN TODAY.
Date: Sun, 26 Dec 1999 21:20:31 +0100 (MET)
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    27.12.99 eToys vs. etoy: STATUS CONFERENCE IN LA
    *************************************************

    the legendary court battle over the aggressive
    takeover of the famous and multi awarded net art
    brand "www.etoy.com" (since 1995) by the american
    toy retailer eToys.com (since 1997) goes on.

    no settlement could be reached till now. the
    harassment and abuse of the law was even pushed
    further as eToys forced Network Solutions (by fax)
    to set the entire etoy.com domain on hold. as all
    experts have to confirm this is not part of the
    court decision and therefore a massive violation of
    the rights of the art group etoy (we still have no
    detailed comment from NSI). this move tried to avoid
    further information of the international press which
    reacted with more than 90 articles and reports on
    this topic (to see what all the experts and neutral
    journalist around the globe think about the decision
    made by a state court judge on november 29 check out
    the press information page):

    http://dmoz.org/Society/Activism/Media_Activism/Culture_Jamming/etoy/Media_Coverage/

    since the state court in L.A. signed the decision
    (which says that etoy is not allowed to operate its
    legendary web site under the name www.etoy.com  till
    the court decides on a final base) more than 200
    resistance web sites and protest pages popped up around
    the globe. during the last three weeks this battle
    became one of the biggest movements for freedom of
    expression and equal rights for art and commerce on the
    internet. many celebrities from the art world, music
    scene, university professors, even movie stars and
    politicians prepare for a huge campaign against the
    abuse of the law in this and many other cases. the
    movement is based on about 4000 users and net activists
    and every day many hundred people line up behind etoy
    for the right to decide if we sell the digital territory
    to a corporate giant or not and if so to what conditions.

    as mentioned in the world press, television and radio all
    over europe and america both parties are "invited" on
    december 27, 99 to participate on a "status conference"
    held at the state court in california.

    the etoy.ART-CORPORATION is ready to talk about
    solutions to stop this insane media war as soon as our
    illegally removed DNS entries are re installed and an
    apology is made. etoy is not able and willing to accept
    this rude way of doing international business, and does
    not talk to the other side as long as we don't see the
    will for fair and violence free negotiations. internet
    expert lawyers will represent etoy in los angeles on the
    27th of this month.

    etoy is an association which successfully works in the
    field of experimental entertainment and art since 1994
    and has a highly developed culture of doing business on
    the internet. companies like sun microsystems, the biggest
    supermarket chain MIGROS in switzerland, the ISP EUNET/
    QWEST, the fashion company Turek WOKSHOP AUSTRIA / TWA,
    POLOPLAST, SWATCH, the governments of austria and
    switzerland, institutions in hungary (C3), the usa and
    japan, many universities and highly respected research
    institutions and even the  legendary pop band YELLO are
    official partners of the www.etoy.com web site since 1995.

    it would be a slap in the face of every etoy.SHAREHOLDER
    and etoy.SUPPORTER if we would accept this uncontrolled
    and barbarian behavior. the internet is a great place to
    offer ideas, culture, lifestyle and (YES!) even toys to a
    huge audience and millions of customers but if corporations
    don't find ways to coordinate and organize neighborhood in
    a civilized way and in harmony with the people who are the
    net, the world wide community has to stop them from
    bulldozing and destruction of property. etoy and its fans
    protests with all legal tools a small but smart and
    successful media art group can mobilize!

    at this point we like to thank our advisory board, all the
    involved people and the organizers of the successful press
    conference at the museum of modern art in ny. we look
    forward to hear that our dns entries are reinstalled.

    our attorneys suggest that no etoy.AGENT should enter the
    united states of america till we have evidence that our
    basic rights are respected.

    don't forget that eToys lawyers also filed a complaint
    which accuses etoy members for security fraud (art product
    etoy.SHARE / part of many official art collections in the
    world...even the chancellor of austria is etoy.SHAREHOLDER).
    if eToys can find a judge and / or police officers who doesn`t
    care about the fact that none EVER purchased etoy.SHARES
    without knowing that this is an art product (and not a NASDAQ
    investment) this can lead to jailing of the etoy.AGENTS in
    the us.

    in the mean time the etoy.CREW is very busy with customer
    service and several millennium showdown productions. we
    apologize to the etoy.FANS in the us and promise to retrieve
    the U.S. tour later next year when the eToys guys removed the
    virtual guns from our necks !

    in the end - the user is the judge.

    kindly
    the etoy.BOARD

    [our attorneys suggested a one week interview stop to let the
    other side feel that etoy is not interested in destroying their
    company if they start to respect our trademark rights... the
    beginning of a new century could be a good moment to think about
    business, responsibility and society on a larger scale. we urge
    the press to respect this. we wish eToys a happy new year and
    that their share value may recover a bit]
    ----------------------------------------------------
    to unsubscribe from this mailing list simply reply to:
    unsubscribe@toybomb.com
    ----------------------------------------------------

    even their home paper L.A. weekly reported on the
    parody at the court! does mr. shook read the news?
    he should!

    quote:

    "Sounds like a basic case of domain-squatting, in which
    some skeevy outfit tries to skim off fat-fingered visitors
    who mistype their way into a similar-sounding site. Right?
    Wrong. Etoy (no s) is an award-winning international arts
    collective that registered its site in October 1995; eToys
    (with s), which sells mass-market plastic crap to spoiled
    children, didn't come online till October 1997. On the face
    of it, no overlap, no copyright infringement, no harm, no foul.

    Not according to Judge John P. Shook, who is clearly not a
    man accustomed to looking people in the face. After demanding
    that etoy fly in from Europe to present its case, Shook
    whipped out a pre-written injunction forcing the arts folks
    to pull down their site until after the all-important holiday
    shopping season.

    Etoy is on the side of the angels, according to most legal
    observers. However, it's not the observers but the paid lawyers
    who make the difference in these matters. According to etoy
    spokespeople, eToys.com offered approximately $500,000 in cash
    and stock to get etoy to simply walk away from the domain. What
    multiple of that do you suppose they'll spend on legal beagles?"

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