Lawsuit Against Gaj Options

[Observer]

Mr. Joy has recieved an e-mail, and he expects to shortly recieve the same mesaage by postal letter making certain demands upon him, and that raised the potential that he will become the subject of a lawsuit.

I am posting that message here. In my next post a little later this morning, I will post an item by item response to this letter.

I know that many of you will want to comment on this message, both pro and con. If you don't mind, I would appreciate it if you would allow me to make the next post in this thread which will contain my comments on the letter. After I have done that, please comment.

Here is the message:


"Law Offices
SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.
1300 WASHINGTON SQUARE
100 WASHINGTON AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55401

TELEPHONE (612) 337-6100
TELECOPIER (612) 337-8108

JOSIAH E BRILL, JR
JAMES R GREUPNER
GERALD S DUFFY
WOOD R FOSTER, JR
THOMAS H GOODMAN
JOHN S WATSON
WM CHRISTOPHER PENWELL
ANTHONY J GLEEKEL
SHERRI L ROHLF
JORDAN M LEWIS*
BRIAN E WEISBERG
STEVEN J WEINTRAUT
M GREGORY SIMPSON
JAMES A YAROSH

_______
MICHAEL J VIOLA
JERRIE M HAYES
MARK THIEROFF
KRISTIN L KINGSBURY
Writer's E-Mail Address:GerryDuffy@sbgdf.com

Writer's Voicemail Number: (612) 337-6106

January 30, 2007

Gailon Arthur Joy
3 Clinton Road
Box 1425
Sterling, MA 01564

VIA E-MAIL - [e-mail address removed--GM]
and CERTIFIED / RETURN RECEIPT U.S. MAIL

and

Gailon Arthur Joy
24 Clinton Road
Sterling, MA 01564

CERTIFIED / RETURN RECEIPT U.S. MAIL
NOTICE: This letter Constitutes a confidential legal communication, which is not for publication. The contents of this communication are subject to common law copyright and may not be reproduced, in whole or in part, in any form or media, without the express, written permission of the author.

Gailon Arthur Joy:

This law firm represents Mr. Danny Shelton and the Three Angels Broadcasting Network, Inc. ("3ABN"), which has informed us that you are involved in the use and exploitation of 3ABN's trademarked, copyrighted name in your website, "www.save3abn.com." Use of 3ABN's name without our client's license or other authorization to do so constitutes an illegal misappropriation of the same, in violation of state and federal copyright and trademark laws. Additionally, use of the phrase "3ABN" in your domain name is likely to cause confusion among the public as to the source,

[Page 2]

sponsorship or affiliation of your website, resulting in dilution of 3ABN's trademark, which is a separate and additional violation of federal law.

It has also come to our attention that you have inappropriately copied and posted a lengthy excerpt from a 3ABN broadcast on the website referred to above. This action constitutes a violation of 3ABN's exclusive copyright on all audio and video productions created by the Network and on all television transmissions of the same, and is a blatant violation of federal law. Moreover, the presence of this excerpted broadcast serves to heighten the likelihood that the public will be confused into believing that your website is somehow sponsored by or affiliated with 3ABN, which only furthers 3ABN's claim of trademark dilution.

Finally, we have been informed that you have maliciously published outrageous, highly damaging and defamatory statements about both Danny Shelton and 3ABN on this same website. These despicable statements include, but are not limited to:

• 3ABN, through its board chairman has "admitted in writing that Danny [Shelton] had been involved in a cover up" of criminal conduct
• Danny Shelton knowingly lied regarding a feud between Tommy Shelton and Glenn Dryden
• 3ABN directed an attorney to use "intimidation tactics to cover up allegations of child molestation"
• Danny Shelton attempted to cover up and silence child molestation allegations
• Danny Shelton "abuses his power" and "steam roll[s] over alleged victims of his brother Tommy's sexual misconduct."
(hereinafter the "Statements").

The obvious meaning of these horrendous falsehoods is that Danny Shelton and 3ABN participated in an orchestrated effort to cover up alleged criminal conduct. The actions you falsely attribute to our clients would be a crime and, as I am sure you are aware, false accusations of criminal conduct constitute defamation per se by you.

Therefore, on behalf of Three Angels Broadcasting Network and Mr. Danny Shelton, we hereby demand that you immediately cease and desist from the use of the domain name "save3ABN.com" and that you voluntarily surrender and transfer registration of the domain to 3ABN. You are also informed and hereby notified that you are not authorized to use and are, in fact, expressly prohibited from using, Three Angel [sic.] Broadcasting Network's name, or its trademarked nominer "3ABN" in any future website domain name or URL.

We hereby also demand that you immediately remove, from any and all websites to which you have author access, including "www.save3abn.com," any recorded excerpts of any 3ABN broadcasts.

[Page 3]

We also hereby demand that you immediately cease and desist from the publication of false statements concerning Danny Shelton and 3ABN and that you immediately remove such statements from the "www.save3abn.com" website. In the event that you receive any inquiries from any person or entity about the Statements, we demand you notify the inquiring party that you have been put on notice by Danny Shelton and 3ABN that the statements are false and defamatory.

While 3ABN is in no manner whatsoever beholden to explain itself to you, we proudly withstand the ongoing judgment of God and the continuing examination by our supporters and viewers. As evidenced both by the continued paths of ministry that God has opened at our feet and by the unwavering financial support and testimonials we receive from our supporters and viewers, we believe our ministry has more than satisfied the surveillance of both. Though it is a private enterprise, 3ABN has, for over 22 years, proudly engaged itself as a thoroughly transparent ministry, both in its message and administration. 3ABN has always invited the theological, operational, and financial scrutiny of its loyal and generous supporters and viewers. Unless constrained by legal obligations otherwise, 3ABN has provided financial and administrative information to inquiring parties and has opened its doors and offered access to independent auditors and investigative reporters. More than ever, we stand behind the legal propriety, moral correctness, intellectual honesty, financial soundness, and operational appropriateness of each and every business decision 3ABN has ever made.

As part of its commitment to passionately and effectively spread the Gospel and Good News of the Lord, 3ABN has always welcomed honest feedback, constructive criticism, and suggestions for improvement of the ministry. But its Christian commitment to the Truth will not allow 3ABN to tolerate factually unfounded allegations of impropriety, baseless and prurient gossip, inflammatory innuendo, and unjustified attacks on the organization. 3ABN does not approach such assaults as an objective effort to unmask "truth," but as the divisive and destructive work of the Enemy designed to hinder and frustrate God's work. 3ABN will not quietly resign itself to any effort to obstruct God's message.

Your reckless, willful and malicious activity must cease immediately; you proceed at your own peril. Moreover, your compliance with the demands contained in this letter does not constitute a waiver, relinquishment or abandonment of any right to remedy or enforcement, either legal or equitable, to which our clients are otherwise entitled.

Yours very truly,

Gerald S. Duffy"

[Aletheia]

Mr. Joy has recieved an e-mail, and he expects to shortly recieve the same mesaage by postal letter making certain demands upon him, and that raised the potential that he will become the subject of a lawsuit.

I am posting that message here. ....
Here is the message:
...
NOTICE: This letter Constitutes a confidential legal communication, which is not for publication. The contents of this communication are subject to common law copyright and may not be reproduced, in whole or in part, in any form or media, without the express, written permission of the author....

hmmm.... No respect for the law whatsoever...


I'm sure that the accusers here are going to be outraged that 3ABN won't just let them continue with their ungodly methods and tactics...

But what else could you all expect after pushing all this slander, libel, gossip and unproven accusations, without handling it biblically, or even seeking to establish anything legally.

One can't reason with the unreasonable.

Thought I'd get Just my 2 cents in before Gregory buries you all in his rhetoric and justifications, where good is evil, evil is good and down is up, and all the accusers are Christlike..





This post has been edited by Aletheia: Feb 2 2007, 07:05 AM

[västergötland]

In case this letter is really sent from a law firm, wouldnt the letters publication despite of the copyrigth notice not to do so harm Mr Joy further in the court?

I wrote "in case" becourse off the secound and third paragraphs on page three. Would a law firm really include apologetics in this type of communication?

[Observer]

Here are is my response to the letter posted above. NOTE: I will place a “GM:” at the beginning of my comments.

NOTE: I am not a licensed attorney. I am not an expert in legal matters. My comments are solely my personal opinion, and are not intended to provide legal counsel. All who may need legal advice should seek out a licensed attorney who is qualified to give legal advice in the area that it is desired.

Law Offices
SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.
1300 WASHINGTON SQUARE
100 WASHINGTON AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55401

TELEPHONE (612) 337-6100
TELECOPIER (612) 337-8108

GM: The telephone numbers of licensed lawyers are publicly available. Therefore, there is no reason for me to delete these. There publication here is not intended to suggest that anyone telephone this law firm to express an opinion on this case. For people to do so could be construed as a violation of the law, and result in criminal prosecution.

JOSIAH E BRILL, JR
JAMES R GREUPNER
GERALD S DUFFY
WOOD R FOSTER, JR
THOMAS H GOODMAN
JOHN S WATSON
WM CHRISTOPHER PENWELL
ANTHONY J GLEEKEL
SHERRI L ROHLF
JORDAN M LEWIS*
BRIAN E WEISBERG
STEVEN J WEINTRAUT
M GREGORY SIMPSON
JAMES A YAROSH

_______
MICHAEL J VIOLA
JERRIE M HAYES
MARK THIEROFF
KRISTIN L KINGSBURY
Writer's E-Mail Address:GerryDuffy@sbgdf.com

Writer's Voicemail Number: (612) 337-6106

GM: In regard to the above e-mail address, I am leaving it in this post as it is also believed to be publicly available. Please review my comment above in regard to the publication of telephone numbers, and do not do anything that might constitute harassment, or otherwise violate criminal law.

January 30, 2007

Gailon Arthur Joy
3 Clinton Road
Box 1425
Sterling, MA 01564

VIA E-MAIL –[e-mail address deleted—GM.]
and CERTIFIED / RETURN RECEIPT U.S. MAIL

and

Gailon Arthur Joy
24 Clinton Road
Sterling, MA 01564

CERTIFIED / RETURN RECEIPT U.S. MAIL
NOTICE: This letter Constitutes a confidential legal communication, which is not for publication. The contents of this communication are subject to common law copyright and may not be reproduced, in whole or in part, in any form or media, without the express, written permission of the author.

GM: The above appears to me to be “boiler-plate.” Of course, U.S. statute law confers copyright status upon this letter. However, the so-called “free-use” provisions of U.S. copyright law govern. Under those provisions I believe that I may reproduce it along with my comments and critique as I am doing here.

Gailon Arthur Joy:

This law firm represents Mr. Danny Shelton and the Three Angels Broadcasting Network, Inc. ("3ABN"), which has informed us that you are involved in the use and exploitation of 3ABN's trademarked, copyrighted name in your website, "www.save3abn.com." Use of 3ABN's name without our client's license or other authorization to do so constitutes an illegal misappropriation of the same, in violation of state and federal copyright and trademark laws. Additionally, use of the phrase "3ABN" in your domain name is likely to cause confusion among the public as to the source,


[Page 2]

sponsorship or affiliation of your website, resulting in dilution of 3ABN's trademark, which is a separate and additional violation of federal law.

GM: There are two issues of interest in the above. The first is that this attorney is representing both Danny Shelton and 3-ABN. In so far as Danny Shelton is the President of 3-ABN, there is nothing ethically wrong with this dual representation. Danny has in private communications made statements to the effect that any legal expenses would be picked up by another person with so-called deep pockets [my words]. Again, that is neither illegal, nor unethical. If that person were to have paid for Danny’s private legal expenses, those payments might be taxable income to Danny. However, my belief is that such is not currently the case. As President, 3-ABN has the obligation to defend Danny in any action that involves his duties as President.

GM: The second issues relates to the fact that 3ABN is a registered trademark, and has been copyrighted. The comment that such prevents Mr. Joy from using “3abn” in his domain name is subject to challenge. The comment may be correct. If so the court will enjoin future use. However, only litigation will settle that issue. The decision may not be that clear-cut. I will remind everyone that “SDA Kinship” has been allowed by the courts to keep “SDA” in its name contrary to the wish of the General Conference. In any case, if this issue is litigated, I suspect that other “Friend of the Court” briefs will be filed, if allowed.


It has also come to our attention that you have inappropriately copied and posted a lengthy excerpt from a 3ABN broadcast on the website referred to above. This action constitutes a violation of 3ABN's exclusive copyright on all audio and video productions created by the Network and on all television transmissions of the same, and is a blatant violation of federal law. Moreover, the presence of this excerpted broadcast serves to heighten the likelihood that the public will be confused into believing that your website is somehow sponsored by or affiliated with 3ABN, which only furthers 3ABN's claim of trademark dilution.

GM: U. S. copyright law governs here. This is not as clear-cut as it may seem. Under “fair use” one is generally allowed to copy a copyright product for the purpose of commenting and critiquing it. Should the court decide that was the intent, it just might be that 3-ABN would not be able to enjoin such use. It is the same principle that allows me to place “3-ABN” and “3ABN” in my posts.

Finally, we have been informed that you have maliciously published outrageous, highly damaging and defamatory statements about both Danny Shelton and 3ABN on this same website. These despicable statements include, but are not limited to:

• 3ABN, through its board chairman has "admitted in writing that Danny [Shelton] had been involved in a cover up" of criminal conduct
• Danny Shelton knowingly lied regarding a feud between Tommy Shelton and Glenn Dryden
• 3ABN directed an attorney to use "intimidation tactics to cover up allegations of child molestation"
• Danny Shelton attempted to cover up and silence child molestation allegations
• Danny Shelton "abuses his power" and "steam roll[s] over alleged victims of his brother Tommy's sexual misconduct."

(hereinafter the "Statements").

The obvious meaning of these horrendous falsehoods is that Danny Shelton and 3ABN participated in an orchestrated effort to cover up alleged criminal conduct. The actions you falsely attribute to our clients would be a crime and, as I am sure you are aware, false accusations of criminal conduct constitute defamation per se by you.

GM: Here we have an interesting issue. Should 3-ABN (or other individuals) file on the above grounds, the defense will attempt to prove that the claims are true. It should be noted that truth is not an absolute defense against such claims. The potential exists for the court to find the charges true, and still find in favor of the plaintiffs. However, that can only be determined by litigation. The question now becomes: Does any plaintiff want to be subject to the discovery that would take place in such litigation. And, if proven true, that might bar recovery of damages. The results of such litigation are simply not predictable.

Therefore, on behalf of Three Angels Broadcasting Network and Mr. Danny Shelton, we hereby demand that you immediately cease and desist from the use of the domain name "save3ABN.com" and that you voluntarily surrender and transfer registration of the domain to 3ABN. You are also informed and hereby notified that you are not authorized to use and are, in fact, expressly prohibited from using, Three Angel [sic.] Broadcasting Network's name, or its trademarked nominer "3ABN" in any future website domain name or URL.

GM: We now enter a field of law that is developing in regard to domain names. I believe that case law might be cited on both sides of this question. It may be that the plaintiff will be willing to litigate in the hope of further establishing a
body of case law? Again, the result of litigation uncertain.

We hereby also demand that you immediately remove, from any and all websites to which you have author access, including "www.save3abn.com," any recorded excerpts of any 3ABN broadcasts.

[Page 3]

We also hereby demand that you immediately cease and desist from the publication of false statements concerning Danny Shelton and 3ABN and that you immediately remove such statements from the "www.save3abn.com" website. In the event that you receive any inquiries from any person or entity about the Statements, we demand you notify the inquiring party that you have been put on notice by Danny Shelton and 3ABN that the statements are false and defamatory.

GM: O. K. Let it be known that Danny Shelton and 3-ABN deny the charges.

While 3ABN is in no manner whatsoever beholden to explain itself to you, we proudly withstand the ongoing judgment of God and the continuing examination by our supporters and viewers. As evidenced both by the continued paths of ministry that God has opened at our feet and by the unwavering financial support and testimonials we receive from our supporters and viewers, we believe our ministry has more than satisfied the surveillance of both. Though it is a private enterprise, 3ABN has, for over 22 years, proudly engaged itself as a thoroughly transparent ministry, both in its message and administration. 3ABN has always invited the theological, operational, and financial scrutiny of its loyal and generous supporters and viewers. Unless constrained by legal obligations otherwise, 3ABN has provided financial and administrative information to inquiring parties and has opened its doors and offered access to independent auditors and investigative reporters. More than ever, we stand behind the legal propriety, moral correctness, intellectual honesty, financial soundness, and operational appropriateness of each and every business decision 3ABN has ever made.

GM: The references to God hardly belong in a court of law. I would like to know more about the “independent auditors” and the extent to which 3-ABN has opened its books to inquiring parties.

As part of its commitment to passionately and effectively spread the Gospel and Good News of the Lord, 3ABN has always welcomed honest feedback, constructive criticism, and suggestions for improvement of the ministry. But its Christian commitment to the Truth will not allow 3ABN to tolerate factually unfounded allegations of impropriety, baseless and prurient gossip, inflammatory innuendo, and unjustified attacks on the organization. 3ABN does not approach such assaults as an objective effort to unmask "truth," but as the divisive and destructive work of the Enemy designed to hinder and frustrate God's work. 3ABN will not quietly resign itself to any effort to obstruct God's message.

Your reckless, willful and malicious activity must cease immediately; you proceed at your own peril. Moreover, your compliance with the demands contained in this letter does not constitute a waiver, relinquishment or abandonment of any right to remedy or enforcement, either legal or equitable, to which our clients are otherwise entitled.

GM: Here is a pretty clear statement that Mr. Joy potentially could comply with all requests and after he did so, find himself as a defendant in a lawsuit for his past behavior.

Yours very truly,

GM: More boiler plate. To what extent are we really to believe that Mr. Duffy is truly his?


Gerald S. Duffy

hmmm.... No respect for the law whatsoever...
I'm sure that the accusers here are going to be outraged that 3ABN won't just let them continue with their ungodly methods and tactics...

But what else could you all expect after pushing all this slander, libel, gossip and unproven accusations, without handling it biblically, or even seeking to establish anything legally.

One can't reason with the unreasonable.

Thought I'd get Just my 2 cents in before Gregory buries you all in his rhetoric and justifications, where good is evil, evil is good and down is up, and all the accusers are Christlike..

This is clearly a case for the Court to decide.

No, I have great respect for the law. Under the law, materials that are copyrighted do have certain allowable "free use." I believe that I have complied with those provisions.

[Observer]

hmmm.... No respect for the law whatsoever...
I'm sure that the accusers here are going to be outraged that 3ABN won't just let them continue with their ungodly methods and tactics...

But what else could you all expect after pushing all this slander, libel, gossip and unproven accusations, without handling it biblically, or even seeking to establish anything legally.

One can't reason with the unreasonable.

Thought I'd get Just my 2 cents in before Gregory buries you all in his rhetoric and justifications, where good is evil, evil is good and down is up, and all the accusers are Christlike..

Alethia:

1) My post could be construed as a warning to all that they could find themselves defending in a lawsuit against them. This would clearly be considered "fair use" of copyright material as my pubication could potentially result in people complying with the demands made of Mr. 'Joy.

2) I posted the message in my first post, without specific comment from me in an attempt to be fair to the writer. It was my intention to post my comments directly following the letter without comments, as that is generally considered fair and appropriate. You interjected your own comment between the two. But, I cannot be held accountable for what you did.

3) Again, my post has been, I beleive, in accord with the law as it related to "fair use" of copyright materials. The attorney who penned the letter either knew, or should have known, that anyone could do what I did, under the law. The only way to prevent such would be to not send such a letter.

I have great respect for the law, and intend to comply with it.

This post has been edited by Observer: Feb 2 2007, 07:46 AM

[Observer]

Alethia:

1) My post could be construed as a warning to all that they could find themselves defending in a lawsuit against them. This would clearly be considered "fair use" of copyright material as my pubication could potentially result in people complying with the demands made of Mr. 'Joy.

2) I posted the message in my first post, without specific comment from me in an attempt to be fair to the writer. It was my intention to post my comments directly following the letter without comments, as that is generally considered fair and appropriate. You interjected your own comment between the two. But, I cannot be held accountable for what you did.

3) Again, my post has been, I beleive, in accord with the law as it related to "fair use" of copyright materials. The attorney who penned the letter either knew, or should have known, that anyone could do what I did, under the law. The only way to prevent such would be to not send such a letter.

I have great respect for the law, and intend to comply with it.

Alethia:

My post is actually a warning. There are many people posting here who could potentially become defendents in litigation. They need to decide whether or not they have the stomach for such. No one who understands the law really welcomes litigation. It is never a fun process. One can never really predict the outcome.

Several years ago I was asked by an attorney to advise him on certain aspects of a lawsuit that he planned to file in regard to the First Ammendment (U.S. Constitution) and religioius liberty. I advised him that he would lose. He informed me that he knew the Constitution better than I. I agreed with him and again told him that he would lose as I knew the case better than he. He filed, and lost.

He was an attorney who specialized the the area of law in which he filed. He was totally surprised that he lost. The issue is not that I was correct. The issue is that people can only make an educated guess as to the outcome of litigation. No one can predict with 100% certaintly the outcome.

I will suggest to you that Mr. Joy would rather settle this case without litigation. But, there are issues involved that prevent this from happening. There are issues that justly lie in the civil realm.

This potentially looks like it may be the beginning of the search for such a mode of settlement.

So, all read my posts, and make your own decision as to how you want to relate to becomming involved in future litigation.

This post has been edited by Observer: Feb 2 2007, 08:09 AM

[caribbean sda]

hmmm.... No respect for the law whatsoever...
I'm sure that the accusers here are going to be outraged that 3ABN won't just let them continue with their ungodly methods and tactics...

But what else could you all expect after pushing all this slander, libel, gossip and unproven accusations, without handling it biblically, or even seeking to establish anything legally.

One can't reason with the unreasonable.

Thought I'd get Just my 2 cents in before Gregory buries you all in his rhetoric and justifications, where good is evil, evil is good and down is up, and all the accusers are Christlike..

You were just chomping at the bit, eh? Didn't even respect the wishes of Observer to wait until he had completed his follow-up post. The wagons are circling in Thompsonville, aren't they?! and that's MY two cents...

This post has been edited by caribbean sda: Feb 2 2007, 08:23 AM

[Observer]

Let me give you-all an illlustration of "fair use" right out of real life:

Several years ago I became aware of a writer who published weekly on the Internet, and in print media. His mission in life was to post Christian art, and then make fun of it, the person who prioduced it, and those who beleived in Christ. It was more narrowly focused in Christ himself. Regularly he posted art from SDA publications, such as books by A.S. Maxwell, and other. Yes, he did this after Maxwell's death. He would have a field day in making fun of Maxwell and the item of art that he had published that week. Again, he would focus on the Christ figure in the art.

I took the evidence to the General Conference for violation of copywight. They infomed me that his use of copyrighted SDA art was included in the "fair use" doctrine and they could do nothing about it. He had the legal right to reporduce, in full, that SDA art.

The same principles apply to my use of that letter, and my posting it.

Alethia, there are other legal reasons why I will suggest that I was free to do so. But, if you want the full story, I will advise you to consult an attorney who specialized in copyright issues. I am not here to instruct you in the law.

This post has been edited by Observer: Feb 2 2007, 08:23 AM

[awesumtenor]

I don't believe it a coincidence that this lawyer is from Minneapolis... or that ASI's pulling out of the dialog on this situation... is one either.

I would wager that one Garwin McNeilus is entering the fray... and knowing this cease and desist communique was coming down, ASI was merely getting out of his way...

I could be mistaken... but I dont think so.

In His service,
Mr. J

[Nuggie]

hmmm.... No respect for the law whatsoever...
I'm sure that the accusers here are going to be outraged that 3ABN won't just let them continue with their ungodly methods and tactics...

But what else could you all expect after pushing all this slander, libel, gossip and unproven accusations, without handling it biblically, or even seeking to establish anything legally.

One can't reason with the unreasonable.

Thought I'd get Just my 2 cents in before Gregory buries you all in his rhetoric and justifications, where good is evil, evil is good and down is up, and all the accusers are Christlike..

What is with you? As CSDA said, you couldn't even wait for Observer to finish his posting before you starting fuming with righteous indignation. I wish you would hurry up and finish grinding this axe you keep carrying around...it's making even me tired...

In case this letter is really sent from a law firm, wouldnt the letters publication despite of the copyrigth notice not to do so harm Mr Joy further in the court?

I wrote "in case" becourse off the secound and third paragraphs on page three. Would a law firm really include apologetics in this type of communication?

I was wondering the same thing, V...

[calvin]

Alethia:

My post is actually a warning. There are many people posting here who could potentially become defendents in litigation. They need to decide whether or not they have the stomach for such. No one who understands the law really welcomes litigation. It is never a fun process. One can never really predict the outcome.

Several years ago I was asked by an attorney to advise him on certain aspects of a lawsuit that he planned to file in regard to the First Ammendment (U.S. Constitution) and religioius liberty. I advised him that he would lose. He informed me that he knew the Constitution better than I. I agreed with him and again told him that he would lose as I knew the case better than he. He filed, and lost.

He was an attorney who specialized the the area of law in which he filed. He was totally surprised that he lost. The issue is not that I was correct. The issue is that people can only make an educated guess as to the outcome of litigation. No one can predict with 100% certaintly the outcome.

I will suggest to you that Mr. Joy would rather settle this case without litigation. But, there are issues involved that prevent this from happening. There are issues that justly lie in the civil realm.

This potentially looks like it may be the beginning of the search for such a mode of settlement.

So, all read my posts, and make your own decision as to how you want to relate to becomming involved in future litigation.

The sky is falling! The sky is falling! Help us, help us!

[Guest_task force_*]

Here are is my response to the letter posted above. NOTE: I will place a “GM:” at the beginning of my comments.

NOTE: I am not a licensed attorney. I am not an expert in legal matters. My comments are solely my personal opinion, and are not intended to provide legal counsel. All who may need legal advice should seek out a licensed attorney who is qualified to give legal advice in the area that it is desired.

Law Offices
SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P.A.
1300 WASHINGTON SQUARE
100 WASHINGTON AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55401

TELEPHONE (612) 337-6100
TELECOPIER (612) 337-8108

GM: The telephone numbers of licensed lawyers are publicly available. Therefore, there is no reason for me to delete these. There publication here is not intended to suggest that anyone telephone this law firm to express an opinion on this case. For people to do so could be construed as a violation of the law, and result in criminal prosecution.

JOSIAH E BRILL, JR
JAMES R GREUPNER
GERALD S DUFFY
WOOD R FOSTER, JR
THOMAS H GOODMAN
JOHN S WATSON
WM CHRISTOPHER PENWELL
ANTHONY J GLEEKEL
SHERRI L ROHLF
JORDAN M LEWIS*
BRIAN E WEISBERG
STEVEN J WEINTRAUT
M GREGORY SIMPSON
JAMES A YAROSH

_______
MICHAEL J VIOLA
JERRIE M HAYES
MARK THIEROFF
KRISTIN L KINGSBURY
Writer's E-Mail Address:GerryDuffy@sbgdf.com

Writer's Voicemail Number: (612) 337-6106

GM: In regard to the above e-mail address, I am leaving it in this post as it is also believed to be publicly available. Please review my comment above in regard to the publication of telephone numbers, and do not do anything that might constitute harassment, or otherwise violate criminal law.

January 30, 2007

Gailon Arthur Joy
3 Clinton Road
Box 1425
Sterling, MA 01564

VIA E-MAIL –[e-mail address deleted—GM.]
and CERTIFIED / RETURN RECEIPT U.S. MAIL

and

Gailon Arthur Joy
24 Clinton Road
Sterling, MA 01564

CERTIFIED / RETURN RECEIPT U.S. MAIL
NOTICE: This letter Constitutes a confidential legal communication, which is not for publication. The contents of this communication are subject to common law copyright and may not be reproduced, in whole or in part, in any form or media, without the express, written permission of the author.

GM: The above appears to me to be “boiler-plate.” Of course, U.S. statute law confers copyright status upon this letter. However, the so-called “free-use” provisions of U.S. copyright law govern. Under those provisions I believe that I may reproduce it along with my comments and critique as I am doing here.

Gailon Arthur Joy:

This law firm represents Mr. Danny Shelton and the Three Angels Broadcasting Network, Inc. ("3ABN"), which has informed us that you are involved in the use and exploitation of 3ABN's trademarked, copyrighted name in your website, "www.save3abn.com." Use of 3ABN's name without our client's license or other authorization to do so constitutes an illegal misappropriation of the same, in violation of state and federal copyright and trademark laws. Additionally, use of the phrase "3ABN" in your domain name is likely to cause confusion among the public as to the source,
[Page 2]

sponsorship or affiliation of your website, resulting in dilution of 3ABN's trademark, which is a separate and additional violation of federal law.

GM: There are two issues of interest in the above. The first is that this attorney is representing both Danny Shelton and 3-ABN. In so far as Danny Shelton is the President of 3-ABN, there is nothing ethically wrong with this dual representation. Danny has in private communications made statements to the effect that any legal expenses would be picked up by another person with so-called deep pockets [my words]. Again, that is neither illegal, nor unethical. If that person were to have paid for Danny’s private legal expenses, those payments might be taxable income to Danny. However, my belief is that such is not currently the case. As President, 3-ABN has the obligation to defend Danny in any action that involves his duties as President.

GM: The second issues relates to the fact that 3ABN is a registered trademark, and has been copyrighted. The comment that such prevents Mr. Joy from using “3abn” in his domain name is subject to challenge. The comment may be correct. If so the court will enjoin future use. However, only litigation will settle that issue. The decision may not be that clear-cut. I will remind everyone that “SDA Kinship” has been allowed by the courts to keep “SDA” in its name contrary to the wish of the General Conference. In any case, if this issue is litigated, I suspect that other “Friend of the Court” briefs will be filed, if allowed.
It has also come to our attention that you have inappropriately copied and posted a lengthy excerpt from a 3ABN broadcast on the website referred to above. This action constitutes a violation of 3ABN's exclusive copyright on all audio and video productions created by the Network and on all television transmissions of the same, and is a blatant violation of federal law. Moreover, the presence of this excerpted broadcast serves to heighten the likelihood that the public will be confused into believing that your website is somehow sponsored by or affiliated with 3ABN, which only furthers 3ABN's claim of trademark dilution.

GM: U. S. copyright law governs here. This is not as clear-cut as it may seem. Under “fair use” one is generally allowed to copy a copyright product for the purpose of commenting and critiquing it. Should the court decide that was the intent, it just might be that 3-ABN would not be able to enjoin such use. It is the same principle that allows me to place “3-ABN” and “3ABN” in my posts.

Finally, we have been informed that you have maliciously published outrageous, highly damaging and defamatory statements about both Danny Shelton and 3ABN on this same website. These despicable statements include, but are not limited to:

• 3ABN, through its board chairman has "admitted in writing that Danny [Shelton] had been involved in a cover up" of criminal conduct
• Danny Shelton knowingly lied regarding a feud between Tommy Shelton and Glenn Dryden
• 3ABN directed an attorney to use "intimidation tactics to cover up allegations of child molestation"
• Danny Shelton attempted to cover up and silence child molestation allegations
• Danny Shelton "abuses his power" and "steam roll[s] over alleged victims of his brother Tommy's sexual misconduct."

(hereinafter the "Statements").

The obvious meaning of these horrendous falsehoods is that Danny Shelton and 3ABN participated in an orchestrated effort to cover up alleged criminal conduct. The actions you falsely attribute to our clients would be a crime and, as I am sure you are aware, false accusations of criminal conduct constitute defamation per se by you.

GM: Here we have an interesting issue. Should 3-ABN (or other individuals) file on the above grounds, the defense will attempt to prove that the claims are true. It should be noted that truth is not an absolute defense against such claims. The potential exists for the court to find the charges true, and still find in favor of the plaintiffs. However, that can only be determined by litigation. The question now becomes: Does any plaintiff want to be subject to the discovery that would take place in such litigation. And, if proven true, that might bar recovery of damages. The results of such litigation are simply not predictable.

Therefore, on behalf of Three Angels Broadcasting Network and Mr. Danny Shelton, we hereby demand that you immediately cease and desist from the use of the domain name "save3ABN.com" and that you voluntarily surrender and transfer registration of the domain to 3ABN. You are also informed and hereby notified that you are not authorized to use and are, in fact, expressly prohibited from using, Three Angel [sic.] Broadcasting Network's name, or its trademarked nominer "3ABN" in any future website domain name or URL.

GM: We now enter a field of law that is developing in regard to domain names. I believe that case law might be cited on both sides of this question. It may be that the plaintiff will be willing to litigate in the hope of further establishing a
body of case law? Again, the result of litigation uncertain.

We hereby also demand that you immediately remove, from any and all websites to which you have author access, including "www.save3abn.com," any recorded excerpts of any 3ABN broadcasts.

[Page 3]

We also hereby demand that you immediately cease and desist from the publication of false statements concerning Danny Shelton and 3ABN and that you immediately remove such statements from the "www.save3abn.com" website. In the event that you receive any inquiries from any person or entity about the Statements, we demand you notify the inquiring party that you have been put on notice by Danny Shelton and 3ABN that the statements are false and defamatory.

GM: O. K. Let it be known that Danny Shelton and 3-ABN deny the charges.

While 3ABN is in no manner whatsoever beholden to explain itself to you, we proudly withstand the ongoing judgment of God and the continuing examination by our supporters and viewers. As evidenced both by the continued paths of ministry that God has opened at our feet and by the unwavering financial support and testimonials we receive from our supporters and viewers, we believe our ministry has more than satisfied the surveillance of both. Though it is a private enterprise, 3ABN has, for over 22 years, proudly engaged itself as a thoroughly transparent ministry, both in its message and administration. 3ABN has always invited the theological, operational, and financial scrutiny of its loyal and generous supporters and viewers. Unless constrained by legal obligations otherwise, 3ABN has provided financial and administrative information to inquiring parties and has opened its doors and offered access to independent auditors and investigative reporters. More than ever, we stand behind the legal propriety, moral correctness, intellectual honesty, financial soundness, and operational appropriateness of each and every business decision 3ABN has ever made.

GM: The references to God hardly belong in a court of law. I would like to know more about the “independent auditors” and the extent to which 3-ABN has opened its books to inquiring parties.

As part of its commitment to passionately and effectively spread the Gospel and Good News of the Lord, 3ABN has always welcomed honest feedback, constructive criticism, and suggestions for improvement of the ministry. But its Christian commitment to the Truth will not allow 3ABN to tolerate factually unfounded allegations of impropriety, baseless and prurient gossip, inflammatory innuendo, and unjustified attacks on the organization. 3ABN does not approach such assaults as an objective effort to unmask "truth," but as the divisive and destructive work of the Enemy designed to hinder and frustrate God's work. 3ABN will not quietly resign itself to any effort to obstruct God's message.

Your reckless, willful and malicious activity must cease immediately; you proceed at your own peril. Moreover, your compliance with the demands contained in this letter does not constitute a waiver, relinquishment or abandonment of any right to remedy or enforcement, either legal or equitable, to which our clients are otherwise entitled.

GM: Here is a pretty clear statement that Mr. Joy potentially could comply with all requests and after he did so, find himself as a defendant in a lawsuit for his past behavior.

Yours very truly,

GM: More boiler plate. To what extent are we really to believe that Mr. Duffy is truly his?
Gerald S. Duffy
This is clearly a case for the Court to decide.

No, I have great respect for the law. Under the law, materials that are copyrighted do have certain allowable "free use." I believe that I have complied with those provisions.

Well Mr. Matthews, now that you stated that you are not a "Lawyer" you might think about getting one. It seems that the 3-some of Joy, Matthews, and Pickle were warned again and again of the liability they were taking on for the slanderous statements you guys were making and promoting. I also think personally that BSDA shares in that same responsibility as well.

[Clay]

Well Mr. Matthews, now that you stated that you are not a "Lawyer" you might think about getting one. It seems that the 3-some of Joy, Matthews, and Pickle were warned again and again of the liability they were taking on for the slanderous statements you guys were making and promoting. I also think personally that BSDA shares in that same responsibility as well.

you get paid for those thoughts?

[Observer]

Well Mr. Matthews, now that you stated that you are not a "Lawyer" you might think about getting one. It seems that the 3-some of Joy, Matthews, and Pickle were warned again and again of the liability they were taking on for the slanderous statements you guys were making and promoting. I also think personally that BSDA shares in that same responsibility as well.

Lawyers are good people.

I have stated a number of times that I believe this will end in litigation, and that such will be the only appropriate way to resolve some of the issues.

[västergötland]

The sky is falling! The sky is falling! Help us, help us!

And the sky fell. And much that was wrong was destroyed and with it some that was right. And out of the rubble rose a cleaner world. And a bluer sky. And the sun shone on both good and evil. And earth, quite unconcerned with the events, compleated another journey around the sun.

This post has been edited by västergötland: Feb 2 2007, 10:30 AM