This past September, PRK Enterprises,
Inc., the parent company of the Southeast Texas Political Review, filed a
lawsuit against Google, Inc., as well as the owners and operators of
Blogger.com, Operation Kleinwatch blog, and Sam The Eagle (et.al.) blog. This lawsuit is
a cumulative result post investigation and cooperation with the said
investigation with the Federal Government regarding these said sites and those
to who operate them. PRK Enterprises, Inc., alleges and continues to allege that
these sites have violated and continue to violate the digital Millennium
Copyright Act of 1998, 17 USC Section 512.
The purpose of this page is to keep the public and media informed
regarding this lawsuit and the filings presented to the court regarding all
parties involved.
The Timeline of Events
March 2005
A web site posts onto the Internet Calls "SETPOLITICS" which
begins a long process of incorporating copyrighted material as well posting
images of members of the Klein family. In the same month - another site called
"Sam The Eagle" announces itself in a yahoo blog site. Both state publicly that
each site is autonomous of each other and there is no communication between the
parties.
July 2005
After the Yahoo site is objected to by the parent company and
their counsel of the SET Political Review - another web site is discovered in
production - not yet announced. This said site is called "Klein-The-Idiot.TV.
The said site is to be hosted by KATZ Global in Arizona. During the course and
scope of the investigation by two private firms and a federal agency - it is
discovered that there is a "talk board" that is being used by the owner of a web
site called "Americanskeptic.com" - to which this web sites Registered Owner is
a Neil Harrison. This site is tracked down post a mistake in
publishing the "talk board" by Harrison and the entry and exit points are
tracked being both at a private residence as well as Clear Channel
Communications in Beaumont, Texas. Clear Channel is advised of such as
well as copyrighted voice sounds being downloaded by Clear Channel computers and
Mr. Harrison's private computer. The "talk board" is monitored by investigators
and agents for a period of 14 days post discovery and entries are downloaded
daily - and the parties are indicated in violation of civil and possible
criminal laws as follows :
Actual Messages Posted Regarding "Conspiracy Admissions",
copyright admissions, stealing the copyrighted web site design, "spamming" email
listed owned by the Review, and taking copyrighted information and re-publishing
of such.
During this time - KATZ Global is contacted and cooperates with
both private and federal investigators. They provide to both documents from a
request for a web access and address - sent by US Mail by fraudulent means. The
addresses are searched and as well the money order is searched and tracked back
to a Wayne Wilber of Hampshire Texas. Mr. Wilber is contacted but
refuses to cooperate with civil investigators.
SET Politics Closes and other websites begin to emerge. However,
the other web sites follow the law over the next year and six months.
Summer 2007
Within three weeks of each other - two blog sites appear through
announcements laid out in the discovered documents of July 2005. They are
"Operation Kleinwatch" and "Sam The Eagle" blogspots. Both clearly violate the
digital Millennium Copyright Act of 1998, 17 USC Section 512. Google USA is
contact by counsel and documentation is requested for IP addresses to begin in
anticipation of litigation. Google Security cooperates.
September 2007
A letter is received by the law firm that represents the Klein
Companies from the US Attorney in Lufkin, Texas. Upon reading such - it is
determined that the letter is a fraudulent letter and is bagged and taken by the
FBI office in Beaumont, Texas. Subsequent identifiers are noted by testing of
the letter and an investigation is opened regarding the identity of the writer.
Such was completed in March of 2009.
Violations of the MCA continue - with requests to Google USA to
intervene. They refuse stating the 1st amendment issues and a lawsuit in New
York that had been filed mirroring the same claims. The reference is the State
of New York : Liskulula;, petitioner v. Google, Inc.
August 2009
The New York case is decided and the New York Supreme Court
upholds the verdict and demands that Google, Inc. release the name (s) of the
blog site editors to the plaintiff. One last letter of request is made to Google
- a public statement is posted in demand letter both to Google and to the two
blogspot owners.
September / October 2009
Post no response from any of the parties - a lawsuit is filed -
and expanded under Rule 202 of the TRCP against Google, Inc.,
operationkleinwatch, samtheagleusa, and expanded to a link site post
samtheagleusa's abandonment of the site. All parties are served.
At the end of September both parties meeting - being Google and
the lawyers for Klein. A rule 11 agreement is made to release the names under
subpoena, however, Google would forward the information to the blogspot
operators and they would have option under their own to hire counsel and file
motions to quash the subpoenas. They had until October 5, 2009 to do so.
Further, two letters of request for cooperation are mailed to
Wayne Wilber and Neil Harrison. Wilber refuses to cooperate and an
attorney with the law firm of Brent Coon and Associates, the same firm that
represented Judge Tom Gilliam, advises that they will represent Neil Harrison.
Federal officials are notified of such.
During this time - two download sites for EMAIL and Sound
Holdings are contacted. They agree outside of suit to cooperate with
investigators. They give information regarding access and IP addresses for
uploads and use of radio show information copyrighted for the SET Political
Review. As well, IP addresses for skip mail addresses for both
Operationkleinwatch and samtheagleusa et.al. sites. It is found that both are
operating and communicated as prior noted. As well, both sites are again linked
to each other. As well, one IP address is again noted for Clear Channel
Communications. A third web site agrees to cooperate in giving the legal
team and investigators all IP addresses passed through their site from
Operationkleinwatch over the past four months since the site posted a link to an
anonymous IP address block site. Such was received on October 5, 2009 in an
agreement not to litigate.
October 2009
On October 5, 2009, two motions to quash were filed :
A hearing is held on the Motion to Quash by STE and OKW. Nobody
shows and testimony is taken. The judge denies the Motion To Quash and orders
all information to all three blog site with history back to 2004 to be given to
the plaintiff's. Such process is begun.
Later in the week, two filings are made by Operation Klein Watch
and Sam The Eagle which are located here :
After being served with the order from the court, Google receives
from STE and OKW, a notice of appeal to the 9th circuit court. The filing is not
filed legally and outside the scope of the law. No appeal is filed with the 9th
circuit in the time limits of law. Google informs counsel for Klein that they
will not comply with the Rule 11 agreement previously signed by Google and its
legal Counsel until the court can rule on the notice of appeal. Google is given
five days to comply with the rule 11 agreement. Google refuses. Klein files an
amended petition moving the case from a 202 case to a full lawsuit against
Google requesting damages and attorneys fees and sanctions. As well, a
deposition notice to Google to which they are ordered to appear and answer.
Google answers the transfer of suit from a 202 to a lawsuit. As
well, files a motion to quash the lawsuit and wants the case moved to California
for deposition. A hearing will be scheduled.
On March 26, 2010, a hearing is had in court. Nobody shows up
other than the plaintiffs (Klein's attorney). The motions in question are
defaulted for Klein and now considerations for attorney fees will be submitted
to the court against both parties in the amount of $10,000 for filing response
and failing to show up to three hearings. Evidence is introduced that the
defendants are stalling for time. Google states to Klein's attorney that they
are ready to release the information - and will post appeal. The judge orders a
brief for expedition of proceedings be in his office by Klein by Monday. He will
rule on Monday afternoon for expedited release. Further, a motion is prepared
for expedited ruling by the appeals court - without brief since the defendants
have now passed on three hearings without showing up. Brief will be filed on
Monday March 29, 2010. Google attorney's state that they do not represent the
bloggers and would like to release the said information immediately. The judge
takes the consideration under advisement and will rule Monday.
April 2010
On April 27, 2010, the Review filed a response to a request for
emergency stay from Operation Kleinwatch and Sam The Eagle. According to filings
for the Emergency Stay - both parties (together) have hired legal counsel in
Houston. This has happened post errors being made by the party and the trial
court issuing notice for attorney fees for Klein.
Here is the response to the request for emergency orders :
On May 26, 2010, the Klein attorney's file legal documents with
the court after Google attorney's file a motion to dismiss the objections to the
subpoenas offering them to the plaintiffs. The judge accepts the motion - and
asks that all proper documents and answers be filed to the appeals court.
Klein's attorney's agree - and notice a demand post dismissal of the objections
to turn over the documents that are now in camera. The move by Google's attorney
is a surprise to all parties.
As the information was being prepared for counsel for Klein, on
June 4, 2010, the new counsel for the defendants, Mr. Dorrell of Houston, Texas
files an emergency request for a stay to Judge Floyd in the supreme court. The
stay is granted with one hour before the information is to be released to the
plaintiffs. In the stay order there is a request for briefings from both sides.
All briefings are due in July. Clearly, if either side wins the case moves to
the Supreme Court of the United States. Mr. Dorrell issues a press release to
left wing blog sites which is not picked up by the mainstream media - only
underground blog sites and one legal site.
The Federal Lawsuit is drafted and is still ready. The brief is
in front of the Texas Supreme Court. Sam and Gus filed their answer.
UPDATE : July 30, 2010
Readers Note : Please understand that the information above
is the public information. There may be other issues that are not being released
to the public for litigation reasons - and / or for trial attorney client work
product reasons. The purpose of this web page is to inform the readers of this
site of progression of the suit.
For comments - questions - or requests for reproduction
of quotes or stories as written in this site, please E-Mail us at
SETREVIEW@gtbizclass.com.,
or mail us at the address listed on this site.
