Tom Simpson Receives A Cease and Desist Order From Fox and is Forced to Take Down His X-Files Web Page
Full Text of the Legal Notice
Fan Response
X-POP3-Rcpt: allycat@ns Return-Path: thomas@xenafan.com
X-Sender: thomasxenafan@mail.xenafan.com
Date: Thu, 17 Jul 1997 21:07:30 -0400
To: xenaverse@umail.umd.edu From: Tom Simpson
Subject: OT: Fwd Important
Well, I finally got my first cease & desist threat for my X-files page (which hasn't been updated in almost a year, guess they finally got around to looking at my page). Anyway, I thought you might want to see some of the less-nice things of the web. I don't have any money for any sort of legal battle, and it's all uncharted territory if it were to be litigated, so I took down my X-Files page this evening.
Sigh.
Tom
In the fight between you and the world, back the world.
--Franz Kafka
>X-Sender: ilod@postoffice.worldnet.att.net
>X-Mailer: Windows Eudora Pro Version 3.0.1 (32)
>Date: Thu, 17 Jul 1997 17:28:00 -0700
>To: thomas@xenafan.com
>From: ilod@worldnet.att.net
>Subject: Important
>
>Dennis L. Wilson, Esq.
>BAKER & HOSTETLER LLP
>600 Wilshire Blvd.
>Los Angeles, CA 90017-3212
>(213) 624-2400
>
> July 17, 1997
>
>VIA ELECTRONIC MAIL
>
>
>thomas@xenafan.com
>
>
> Re:UNAUTHORIZED USE OF TWENTIETH CENTURY FOX PROPERTIES
> OUR REF. NO.: FX1267
>
>
>Dear Sir or Madame:
>
> We are writing to you on behalf of our client, Twentieth Century Fox Film Corporation ("Fox"). Through our Internet monitoring program, we recently >discovered that your site (http://xenafan.com/x-files/) incorporates >material from "The X-Files" television series, which is owned by Fox.
>
> Fox has dedicated tremendous time and resources to create quality >entertainment programming such as "The X-Files" and greatly values the >comments and suggestions of fans who enjoy Fox's programs. However, the >development and distribution of Fox's programs require a collaboration with >many different entities, including guild organizations representing actors, >directors, and writers, as well as local, national, and international >television and cable stations. Based in part on these relationships, Fox >has a legal responsibility, including many contractual obligations, to >prevent the unauthorized distribution of its program material.
>
> Therefore, while Fox tries to support its fans whenever possible, we must respectfully ask that you remove all audio and video clips relating to "The X-Files" from your site as soon as possible. If you do not remove these >properties, we may be forced to take legal action to have them removed. >
> In addition, we note that your site contains "The X-Files" >stationary-frame images. As a show of appreciation to its fans, Fox will >soon be providing a number of "The X-Files" images for download at the Fox >web site. However, at this time we must inform you that the unauthorized >display and distribution of such images may constitute a copyright >violation. We, therefore, request you prominently display the following on >every page of your site exhibiting "The X-Files" images:
>
>
> 1. Legal Notice
> > "The X-Files" TM and (or copyright) Fox and its related companies. All rights reserved. Any reproduction, duplication, or distribution in any form is expressly prohibited.; and
>
> 2. Disclaimer > > This site, its operators, and any content contained on this site relating to "TheX-Files" are not authorized by Fox.
> Thank you for your cooperation in this regard. Your interest in "The >X-Files" is most appreciated. Fox will continue to do its best to bring >you quality entertainment.
>
> The account from which this email message was sent to you does not accept incoming email. If you wish to contact me, please write to the address >listed at the top of this letter.
>
> Nothing contained in this letter constitutes an express or implied waiver of any rights, remedies, or defenses of Fox. >
> Very truly yours,
>
> /s/
> > Dennis L. Wilson
> for BAKER & HOSTETLER LLP
>
>
>
>IP\76082\00002\C&D\TOM.CD
Return-Path: cassetta@ix.netcom.com
Date: Thu, 17 Jul 1997 22:59:58 -0700
From: Mistopholees <cassetta@ix.netcom.com>
To: xenaverse@umail.umd.edu
CC: thomas@xenafan.com
Subject: Re: OT: Fwd Important
References: <3.0.3.32.19970717210824.00809e70@mail.xenafan.com>
I'm really sorry to see this happen, Tom. And I'm really sorry their
actions were directed at you, as I know you take pains with the content
and quality of your pages. I truly hope this action is not the first of
many directed at other fan pages and other television shows. It will be
a blow to fandom if this is indicative of the type of action we're going
to see coming down the pike. We are hopelessly out of their league when
it comes to the financial resources necessary to fight this type of
legal action.
Mistopholees
X-POP3-Rcpt: allycat@ns
Return-Path: jgrimble@ix.netcom.com
Date: Thu, 17 Jul 1997 23:46:43 -0500
From: "James R. Grimble" <jgrimble@ix.netcom.com>
To: Tom Simpson <thomas@xenafan.com>
CC: XenaVerse <xenaverse@umail.umd.edu>
Subject: Re: OT: Fwd Important (Fox Letter and boycot)
References: <3.0.3.32.19970717210824.00809e70@mail.xenafan.com>
We should start boycotting Fox shows. They have to learn that the people
on the net are the people that advertise their shows the best. It seems
they want to be in control the sites that display their shows. I agree
they have a right to do what they want with their shows. They have to
learn that the fans keep the shows going and they should be honored to
have people that want to create web pages on their shows. Fox made their
choice and is alienating their best fans.
Jim
X-POP3-Rcpt: allycat@ns
Return-Path: Keelia1@aol.com
From: Keelia1@aol.com
Date: Fri, 18 Jul 1997 06:57:22 -0400 (EDT)
To: thomas@xenafan.com, xenaverse@umail.umd.edu
Subject: Re: OT: Fwd Important (Fox Letter and boycot)
In a message dated 97-07-18 06:27:28 EDT, jgrimble@ix.netcom.com (James R.
Grimble) writes:
<< We should start boycotting Fox shows. They have to learn that the people
on the net are the people that advertise their shows the best. It seems
they want to be in control the sites that display their shows. I agree
they have a right to do what they want with their shows. They have to
learn that the fans keep the shows going and they should be honored to
have people that want to create web pages on their shows. Fox made their
choice and is alienating their best fans.
Jim >>
Well, I think we need to let the Xphiles know what's going on- how about
posting a copy of the letter Tom got on as many XFiles websites as possible?
Let the fans know what deviious tricks Fox is up to, give the network a
little shame, and they may start singing a different tune when they start
getting bombarded with enraged emails. Any email address where we can
complain to these guys?
The Curious Newbie
X-POP3-Rcpt: allycat@ns
Return-Path: thomas@xenafan.com
X-Sender: thomasxenafan@mail.xenafan.com
Date: Fri, 18 Jul 1997 07:37:13 -0400
To: "James R. Grimble" <jgrimble@ix.netcom.com>
From: Tom Simpson <thomas@xenafan.com>
Subject: Re: OT: Fwd Important (Fox Letter and boycot)
Cc: xenaverse@umail.umd.edu
References: <3.0.3.32.19970717210824.00809e70@mail.xenafan.com>
At 11:46 PM 7/17/97 -0500 James R. Grimble wrote:
>We should start boycotting Fox shows. They have to learn that the people
>on the net are the people that advertise their shows the best. It seems
>they want to be in control the sites that display their shows. I agree
>they have a right to do what they want with their shows. They have to
>learn that the fans keep the shows going and they should be honored to
>have people that want to create web pages on their shows. Fox made their
>choice and is alienating their best fans.
Well Jim, the problem is that a number of people have tried many means to
keep their websites online. I'm not aware of anyone who's actually gone to
court yet, but there are a number of websites who were trying to organize
to protect themselves from Fox. We can boycott, although unless you write
a letter about what you are doing and why they won't listen or care. Also,
if you do feel it's something you want to let them know about, be sure to
write them with a real letter, i.e. pen & paper, that carries vastly more
weight in their eyes than any number of email messages.
Tom
X-POP3-Rcpt: allycat@ns
Return-Path: saragill@localnet.com
Date: Fri, 18 Jul 1997 07:15:20 -0400
From: +sara+ <saragill@localnet.com>
To: xena list <xenaverse@umail.umd.edu>
Subject: Re: OT: Fwd Important (Fox Letter and boycot)
References: <3.0.3.32.19970717210824.00809e70@mail.xenafan.com>
<33CEF533.28BC@ix.netcom.com>
I have several very big grievances with FOX; they continue to shoot
down they're good shows (e.g. Space: Above and Beyond, which actually
got better ratings thatn Star Trek: Deep Space Nine), and continue to
tick off the fans.
I'm a huge fan of "The X-Files." I have been continually dissapointed
with the way FOX handles themselves with their fans, but, and yes, this
but means something, I can see boycotting them. They are doing they're
job. I mean, if you invest a lot of work in something, you don't want
people just using it.
But my problem is it's not Ten Thirteen Productions whose bothering us,
it's FOX, and they're just doing it because they have to keep they're
money.
Regardless, I understand them asking to put up the disclaimer - I have
nothing against that. But I do not condone them asking to shut down the
sites: it's impossible to shut them all down, and it's not fair to the
fans. Like Jim said, we're the ones who get the show out there. Come
on, after all the media, press, and fanfare - what really gets people to
watch shows? The quality of the show and word of mouth.
On a final note, I'd like to mention, that three years ago, they
wouldn't dream of shutting these sites down. They had only a few
million viewers and the internet is a great place to pick up fans. I
mean, if you ahve a question, go look it up in some (unauthorized!) faq,
go to a newsgroup, etc, etc. But now that "The X-Files" has such a
large audiance - they don't need us anymore. *gasp* I feel used.
sara
X-POP3-Rcpt: allycat@ns
Return-Path: thomas@xenafan.com
X-Sender: thomasxenafan@mail.xenafan.com
Date: Fri, 18 Jul 1997 07:33:43 -0400
To: Mistopholees <cassetta@ix.netcom.com>
From: Tom Simpson <thomas@xenafan.com>
Subject: Re: OT: Fwd Important (X-files thread)
Cc: xenaverse@umail.umd.edu
References: <3.0.3.32.19970717210824.00809e70@mail.xenafan.com>
At 10:59 PM 7/17/97 -0700, Mistopholees wrote:
>I'm really sorry to see this happen, Tom. And I'm really sorry their
>actions were directed at you, as I know you take pains with the content
>and quality of your pages. I truly hope this action is not the first of
>many directed at other fan pages and other television shows. It will be
>a blow to fandom if this is indicative of the type of action we're going
>to see coming down the pike. We are hopelessly out of their league when
>it comes to the financial resources necessary to fight this type of
>legal action.
I know a number of fans who tried to organize and fight this, but I haven't
seen any results of what's happened so far. I do know that the majority of
X-Files pages are now gone, Fox is eliminating all of its competition by
threatening. They aren't sure if they would win by litigation or not, but
just threatening is enough for them to close down the sites. It's sad for
the fans, and a bad move of Fox's part, the joy of the web is the diversity
involved, finding new and interesting sites.
Apparently their idea of fan-run sites is to just present the same images
that were downloaded from the official Fox page in a different way. No
original content, no scans from magazines, no captures from the episodes.
It makes for a very bland online experience. While I believe they're
wrong, this is a fight I cannot wage. I don't have the time or money for
any litigation, it's easier just to shut it down. That doesn't make it any
easier though.
Tom