This is good reading. The EFF is the organization that has been very successful in protecting the anonymity of on line groups. I have noticed that more and more digitizers are opting out of the ESPC and posting notices on their web sites to alert buyers. Good for them, makes who you buy from an easy decision when you know that they are not buying into the extortion tactics of the ESPC.
Have you seen those auctions on EBay for "1,000++ designs on a CD for $10.00" well they are quite prevalent, some are legitimate from the designer, but some have designs on them that were supposedly downloaded from P2P groups. Purchasers of these disks have been the target of the ESPC and more than 170,000 letters of demand for money, starting at $150.00 a year ago and now topping $400.00 have been mailed to purchasers. Now I know your going to say that people should know better, but, this is a hobby dominated by older women, so the ESPC and their lawyer(s) are terrorizing grannies. I got into this when my 78 year old mother called and said she needed $300.00 or she was going to jail.....she has a heart condition and was extremely agitated and upset. Mom was going to send the money, the disk everything she had ever bought from EBay and all her designs, in fear that the FBI was coming for her. I told her they could not as she lives in Alberta. These letters demand payment and state that the purchaser will not be prosecuted for buying the CD's if they pay. They also demand that recipients hand over the CD, and report anyone else they know who may have purchased one and a complete list of all the designs they have ever purchased. The buying of these CD's does not contravene copyright law.....and on top of that there is no accounting for the cash received, and apparently the ESPC is supposed to be a non profit organization. They do not say what designs are or may be in violation of copyright or why an individual has received the letter or letters. The ESPC allegedly has set up fake auctions to sell the CDs t o unsuspecting buyers who then receive "the Letters".. So, a Yahoo group was formed to explain the letters, then the Lawyer for the ESPC filled a subpoena with Yahoo demanding that they give said lawyer the membership list with address and phone numbers. That is when the EFF got into the game. People who belonged to the group but had never ever posted got notification of the subpoena..... There are in total 3 letters sent. So far the only real case that they have tried to pursue was a woman selling her own digitized designs.........and now many of the really good digitizers have a disclaimer on their web sites stating that they do not belong nor condone what the ESPC is doing. This is due to a decline in sales because many do not know who to trust anymore and they are afraid. The ESPC is basically Great Notions. aka Action Tapes and all their companies. Here is a copy of the second letter of demand Mom's lawyer (we paid the $300.00 to a lawyer instead) told us what is being done is nothing short of Extortion and targeting of a naive elderly group. Took Mom's name and address out as she is still freaked after almost a year of this nonsense and for your information we never ever discussed anything nor made any agreements with this woman nor the ESPC. The 3rd letter is more of the same but nastier still. Most of this is available on the net, and at snipped-for-privacy@yahoogroups.com And I bet now your sorry you asked......;-))) __________________________________________________________________ Dear, xxxxxxxxxxxxxx
Pursuant to our discussion on this date, I have enclosed the Settlement Agreement which sets forth the terms of settlement that we discussed. This Agreement needs to be executed and returned to the ESPC at the address set forth above, within ten (10) days from receipt of this letter, unless other arrangements have been made. Please make your check payable to the ESPC. You are also to return all counterfeit CDs with the Agreement and check. Upon return receipt of the executed and performed settlement agreement I have agreed to remove your name from the pending litigation list and release you from liability for the purchase of the illegal and counterfeit software. For your protection please retain a copy of the executed Settlement Agreement for your records or future needs.
This offer of settlement?s good only during the time period set forth herein. I appreciate your prompt attention to this matter. If I can be of further assistance please contact me direct at 214.350.1892. The best of luck in your future business endeavors.
Regards, Donna Mccauley ESPC Legal Department Enclosure
SETTLEMENT AGREEMENT
This Settlement Agreement is made by and between the Embroidery Software Protection Coalition (?ESPC?) and xxxxxxxxxxxxxx WHEREAS, it is the position of the ESPC that xxxxxxxxxx has obtained counterfeit and pirated embroidery design software in violation of United States Copyright laws and in violation of the Copyrights of the numerous ESPC members, and to avoid the annoyance, costs, inconvenience and burdens associated with litigation concerning this matter, the Parties desire to compromise and settle their disputes; and WHEREAS, it being the desire of the Parties to dismiss the claims made against xxxxxxxx and to release him from liability for the claims alleged above as of the date of this Agreement; and WHEREAS, the release described in this Agreement has been given and received without reliance upon any statement or representations by any of the Parties except for the express representations or warranties contained herein; and NOW, THEREFORE, upon the payment by xxxxxxxxx the sum of $300.00, and for and in good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual promises and covenants hereinafter set forth, the Parties hereby agree as follows, as additional compensation for xxxxxx release:
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