Re: Theft - Steven J. Coker
Subject: Re: Theft
From: Steven J. Coker
Date: May 11, 1999

Joe & Laura Schmidt wrote:
> With all the laws that Steve has quoted to me in the past regarding me
> violating his COPYRIGHT by starting another South Carolina mail list as he
> "owns" the term "SC" I know he knows better than to take your material....


As usual Schmidt has her facts twisted, confused, and wrong.  I have never said
anything about Schmidt infringing on any copyrights.  And I have never claimed
ownership of the term "SC" as Schmidt states.  I have complained that Schmidt
has infringed on the registered Service Marks used by SCRoots.

For those who have no idea about what Schmidt is writing, here is a little
background.

The Schmidt dispute took place in April-May 1998.  It began in a private email
exchange between Schmidt and me.  Both Schmidt and myself were Rootsweb List
Owners at the time.  

1. Schmidt attempted to shotgun post an off-topic, lengthy, announcement
regarding a cookbook for sale to SCRoots and several other mailing lists.  This
was not the first time she had attempted to send off-topic messages to the
Forum.  But, since she wasn't a subscriber, her messages were always rejected.

2. I notified Schmidt by private email that her attempted post was rejected
because she was not a subscriber.  I also notified Schmidt that her attempted
posting was off-topic.

3. Schmidt responded by arguing with me.

4. I took time and effort explaining to Schmidt why what Schmidt had done was
wrong.

5. Schmidt continued arguing with me and attempted to tell me that I was wrong
about the topic of my Forum.

6. I grew tired of Schmidt's annoying behavior and removed Schmidt from the
subscribers list and placed Schmidt on the reject list.  As a Listowner, Schmidt
of course knew how the system works and that it is usually easy to get taken off
the reject list by simply apologizing and promising to comply with policy.

7. Rather than attempting to apologize or resolve the matter, Schmidt instead
contacted several of my subscribers making libelous statements about me.  It is
very inappropriate for a Listowner to contact or involve subscribers in a
dispute with another Listowner.

8. Schmidt then created a competing Rootsweb list service which you named
SC-Genealogy.  The kind folks at Rootsweb contacted me before they created the
new list account.  They explained that they regretted having to do it, but that
they had no policy which prevented Schmidt from starting a redundant list. 
Their message to me read "I feel badly that she feels the need to do this but
she apparently does.  If she disrupts your list, trying to drum up traffic for
hers, let me know, and we'll dismantle her list pronto."

9. I then complained to Rootsweb that the proposed name for Schmidt's list
violates the SERVICE MARK which I have registered for SCRoots.  The SCRoots
service is represented by a variety of names and marks including "SCRoots", "The
South Carolina Genealogy Forum", "SC-Genealogy", etc.  The proposed name for
Schmidt's service confuses and infringes on these names and marks.

That is essentially the factual background which Schmidt, as usual, confused and
misrepresented in her message quoted above.  

It should also be noted that it is inappropriate for anyone, especially an
experienced Listowner such as Schmidt, to argue with a Listowner in the
Listowner's service.  Schmidt knows that of course and chooses to make such
claims and accusations inappropriately in the Forum rather than privately to me
as should be done.  For this repeated and unacceptably annoying breach of
protocol I am once again removing Schmidt from the subscribers lists.

Steven J. Coker
SCRoots Manager

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