Since I wrote about Desperate Desiree Delaloye issuing bogus copyright infringement notices on the FACTS about Universal Medicine site explaining copyright law and how her charges won’t stand up in court, she has issued more, and WordPress will be removing all of the images of Serge Benhayon’s inappropriate touching taken from his Sacred Esoteric Healing workshop manuals from this and the FACTS site. UPDATE: Now its Paula not on the Payroll Fletcher of Universal Law Mullumbimby trying a Trademark Infringement claim. Update at bottom of post
This time Rod Genius Harvey is saying the photograph of his wife, Sue Kira, in a screenshot I took from her website performing and advertising Esoteric acupuncture unlawfully last year is a copyright infringement. Desperate Des is saying she has the copyright for the workshop manual images of inappropriate touching and for the design of Eunice Minford and Sara Williams’ websites which were glimpsed in screenshots I took. Paula Fletcher reckons use of images of Serge Benhayons ludicrous scamming healing symbols in a road test, review, criticism and bollocking parody is also a breach of copyright.
There’s no need to reiterate what I wrote in Desperate Desiree post, except that Desiree, Rod Harvey and Paula not on the payroll, a solicitor from Universal Law, Mullumbimby, appear to have zero understanding of copyright law – its purpose, its enactment and the ‘fair use’ defence. They think they can use bogus copyright infringement complaints in lieu of a defamation action to shut down our blogs, or as a scare tactic. Either way, I’ve issued counter notices for their DMCA takedown notices and am prepared to fight their censorship of factual evidence of the cult’s wrongdoings in court, all the way.
As I’ve said from the beginning, we’re also fully prepared to fight a defamation action, because every word on our blogs is fact, or opinion based on fact and we can and will prove it.
Where to from here?
These cult members have 10 working days to take legal action against me. If they don’t, all material they’ve requested to be taken down will be restored. If they do take legal action, I’ll fight them in court, win, get the images restored to the sites and make an application for them to pay our costs. Following that, I’ll apply to have them prosecuted for making false statements in legal applications, particularly Paula Fletcher, who has no excuse for not understanding copyright law.
I’ll update this post when I know more, and you’ll see when it’s been updated because I’ll post ‘Update’ and the date in the title, so you don’t have to click 9000 times to check.
In the meantime, I’m more than confident these ridiculous charges will be thrown out of court and I’m receiving advice.
How you can help
One of our readers emailed today with this message:
Is there a contact at WordPress you can list so your readers can write in support of the blog – and highlight the nature of these stupid complaints UM are making? I think a proactive campaign could help negate what they are trying to do.
Contacting WordPress won’t help. You can imagine that the cult has been contacting WordPress en masse calling me a criminal, a hate blogger, troll, un-Esoteric and loveless etc. So a heap of our supporters contacting them saying I’m wonderful, lol, won’t convince. WordPress are running a free blogging platform, hosting literally millions of blogs. They don’t enter into legal stoushes and in order to legally indemnify themselves are required to remove material if they receive a takedown notice. It’s not WordPress’s job to determine what is a legitimate copyright complaint – even if it’s abundantly obvious. That’s a job for the courts.
What readers can do to support me though, is write something supportive in the comments. You don’t need to enter any information in the name, email and URL boxes. No one will know who you are and where you’re writing from, unless you use identifying information.
A lot of people are reading. Our pageviews are at a record high, however I don’t know who my readers are, apart from the tiny few who comment. Our site stats show most of our readers are here in Australia, and then we have a number in the UK followed by Europe and the USA. So please consider voicing support in the comments. There are very few of us taking action against UM and we feel deep frustration at the inaction by regulators, media and victims in spite of horrendous longstanding abuses, and the continuing danger of this group, particularly to the most vulnerable members of our communities.
Also, please consider looking at the Prohibiting Serge Benhayon post and writing an email to your local representatives – especially if you live in the Lismore, Byron Bay area. If you’ve been harmed or conned by Universal Medicine, consider making an official complaint to regulators.
If we go to court, we may start our own legal fund to cover costs and we will need contributions. At the moment I’ve been offered free advice, but I don’t how long that will last. I will win and frankly, if the cult brought a defamation action and gave me my day in court, it could bring Universal Medicine down altogether, which will save immense suffering and financial damage for thousands of people. And if I win and am awarded costs, you get your money back.
Finally, if you were ripped off by Universal Medicine, we are receiving advice on mounting a class action to recoup costs. A similar action could be mounted by victims of molestation or psychological damage.
Make a comment and wish me well.
Update August 14
So now Paula Fletcher has tried a Trademark Infringement Claim based on the names of this and the FACTS blog. WordPress rejected it and forwarded the notice to me. These are the claims:
We are instructed that the blog names, ‘Universal Medicine Accountability’ and ‘The Facts About Universal Medicine’ are deceptively similar to our clients’ trade mark and that the url’s of these blogs are deceptively similar to the domain names owned by our clients at www.universalmedicine.com.au, universalmedicine.co.uk , universalmedicine.net.au and universalmedicine.net). As such the blogs names and url’s convey to a reasonable reader an association or affiliation with our clients in some way which the blogs do not have. In so doing, the account holder wrongfully is trading on our clients’ name and reputation in a way that has, and will, misleadingly capture and divert traffic looking for our information about clients.
That last sentence shows that Paula has been attending the Sergio school of spherical syntax. The fact we’re not trading tends not to support a bogus trademark claim, which is being used in lieu of a defamation writ in lieu of censorship in countries where free speech is protected in the public interest. Funny too, how the legal geniuses at Universal Law took nearly a year before they had a go at trademark infringement. And probably after they worked out the bogus copyright claims won’t hold up in court and they’ll be humiliated. Desperate much?
However your response that the owner of the sites ‘is responsible for its content’ fails to address our instructions that the use by the owner of the sites of our clients’ trade mark, ‘Universal Medicine’ in the name of the blog, ‘Universal Medicine Accountability’ and the blog, ‘The Facts About Universal Medicine’, in an obvious way, contravenes WordPress’ own terms of service at .
WordPress Terms of Service for account holders states;
“You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others,”
Paula, UM doesn’t hold the trademark on accountability or facts. That’s where your legal argument comes unstuck. If I named the blogs as a UM product, you might have a case. Instead I’ve presented ample evidence UM has a serious aversion to both accountability and facts. The blogs are a critical expose of unethical and unlawful activity which UM attempts to conceal and any ‘reasonable reader’ who finds the blogs can see immediately from their titles and content they are critiques. There’s no deception, I am not selling anything and readers can make up their own minds.
Our client seeks to know what action that WordPress intends to take for this apparent breach of WordPress own terms of service and wonders what is the purpose of WordPress terms of service if WordPress intends to ignore the terms once a contravention has been brought to WordPress’ attention?
We point out again that we are instructed that our clients view the account-holders conduct most seriously. We have advised our clients that, by permitting the account-holder to use its blog host services, WordPress will after a reasonable time has elapsed post-notification be aiding and abetting the account-holder in the commission of the trade mark infringement, passing off and contravention of s18 of the Australian Consumer Law.
Our clients requests again that WordPress immediately take steps to take down the account-holders blogsite and suspend her account using the word, ‘universalmedicine’ or any combination of words using the words, ‘ universal medicine’ in the name of any blog hosted by or associated with her.
We observe again that our letter of the 8 August 2013 constitutes at least 12 complaints that our clients or persons associated with our clients have made to WordPress concerning the account-holder.
We request that WordPress give the closest consideration to permanently refusing to allow the account-holder in her own name or any pseudonym to use WordPress’ blog host services.
Yeah, Paula, and UM is the first cult in history to try and bully WordPress with bogus copyright and trademark infringement notices.