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Att: Ms. Christina Toth
copied to firstname.lastname@example.org
August 8, 2012
Re: Deletion of videos from WOW Corp.
Thank you for your email of today’s date and the opportunity to clarify this matter, now that we know a bit more about the nature of the complaint made by Mr. Flanders.
Be advised that it is our position that we have not violated Section 7 of Vimeo’s Terms of Service. Please advise us as to what videos you deem to have breached such terms and indicate the words or actions you rely upon for such assertions. I trust upon your review, from a legal perspective, that you will reconsider your actions in breaching our contract with you.
It is most troubling for you to assert in any way that our videos contain hateful, defamatory, or discriminatory content. The allegation itself is at best defamatory; moreover your accusations asserting that the content of our videos incite hatred against individuals and/or groups is equally disturbing. Your conducts, resulting from these very serious accusations, are actionable.
Exposing the truth about individuals and political agendas harmful to children does not violate your terms. Such reports are legitimately in the category of “news and commentary”, similar to what may be found in most newspapers and/or broadcast news, and as such are protected under the First Amendment.
In your response to Mr. Lawter, you have attached an order that was fraudulently obtained by a troubled young man named —- Flanders. Mr. Flanders is a registered sex offender, and seeks to silence and undermine organizations that report truthful accounts on matters relating to his convictions and activities. Vimeo is not the first Internet-related company to be targeted by Mr. Flanders; numerous lawyers involved with this matter can provide an informed history of this individual.
You should also be advised that once the public and the judge found out what Mr. Flanders was up to, his activities were curtailed.
As you will note, there is no prohibition regarding the Internet in the order you have attached; Mr. Flanders recently attempted to have that provision included, and the judge denied his request; this link will take you to the latest order: http://www.massresistance.org/docs/gen2/12b/flanders/docs/Injunction_denied_071112.pdf
I am also linking a recent article that will inform you of these events and others related to Mr. Flanders’ fabrications; it can be found here: http://www.lifesitenews.com/news/convicted-sex-offender-loses-initial-bid-to-muzzle-pro-family-website-massr/
Be assured that we are very careful about the content of our videos. I appreciate that they may cause people to think and to question their assumptions on politically charged issues—issues that occasionally include homosexuality and the antics of militant sex activists—but the facts we present are demonstrably true and therefore do not constitute a breach of the terms identified in section 7.
You should also be advised that we have been involved in exposing truth for a long time, an enterprise in which the Internet and Vimeo play an essential role. Our involvement in these issues in the past has often resulted in lawsuits—individuals and/or media defaming us in one way or another for our willingness to expose the truth about sex activists. We have won all such cases, with the exception of one that is now playing a significant role in reforming the Canadian judicial system. I think it is safe to assume that I will win that one, too. Information relating to that matter can be found at this link: http://www.driveforjustice.com/wp-content/uploads/2012/07/HarperLetter2012-07-06.pdf
It is a sad commentary on progressive politics that Vimeo has fallen victim to the complaint made by Flanders, a typical but old and common tactic used by sex activists to silence those who expose their lies. You would be wise in the future to check your facts before reacting in such a precipitous and harmful manner.
In your email you make a number of factual errors. Firstly, our account is not available to us contrary to your assertion. Our attempt to recover our videos was made impossible by your deletion of them. Secondly, you falsely claim that we uploaded the same video that was previously removed on July 20, 2012 and “wilfully violated Vimeo’s terms of service.” This is untrue. We conducted a second interview as a follow-up, produced a new show about the continuing antics of Mr. Flanders and uploaded the newly produced video.
You should also be aware that everyday you fail to meet your contractual obligations we suffer harm to our credibility and reputation. Please advise us as to whether or not our videos are recoverable. You have destroyed our capacity to facilitate our not for profit activities and ability to act as public advocates by the deletion of more the 200 videos – our copyrighted property.
It might also interest you to know that we invited Mr. Flanders to appear on RoadKill Radio. He declined.
I hope legal action in this matter will not be necessary, and that Vimeo will look closely at what has transpired here and reconsider honouring your contracted, paid-for, service by restoring our videos forthwith, adhering to and honouring your contractual obligations with us. Further, that Vimeo provide an appropriately worded written apology to us for the harm done to our reputation, and a mutually agreed upon financial settlement.
Please feel free to have your legal counsel contact me directly. If at any time in the future you have any concerns relating to our videos, please contact me prior to removal by telephone at 604 514-1614 or by email at email@example.com
Thank you for your quick attention to this matter. If our videos are not restored within two days, you can expect legal action. Failure to ensure that our videos remain accessible will also result in legal action.
Govern yourselves accordingly.
Ms. Kari Simpson
Tel: (604) 514-1614