LETTER OF COMPLAINT REGARDING VIOLATION OF TERMS AND USE OF COPYRIGHTED INFORMATION BELONGING TO KINGDOM OF HAWAII
22 September, 2008
Greetings. I am Majesty Akahi Nui, the King of Hawaii. Both the hrmakahinui.com and the freehawaii.org websites are locations of the written intellectual property of my government, the Kingdom of Hawaii.
On September 15th, 2008 I was informed by the web master of our new website "hrmakahinui.com", Mr. Julean Stevens, that a complaint had been filed alleging he had "infringed the copyright" of our other website "freehawaii.org", hosted by Mr. Colin Gardner. Mr. Gardner had been hosting the freehawaii.org/ Kingdom of Hawaii website ever since sometime after Mr. Eric Samuelson had put our government information into electronic form and designed the site for us from 1996 to 1998.
Our original agreement with Mr. Samuelson was that he was doing it for my Kingdom, and all proprietary information we made available to him remains the intellectual property of the Kingdom of Hawaii under Kingdom common-law copy rite.
A few months prior to the September 15th complaint, Mr. Stevens made repairs to the freehawaii.org site, which had not functioned properly since Mr. Gardner began hosting it sometime after 1996. We had given Mr. Stevens permission to enter and make necessary repairs. He repaired code, broken links, added extra language translation settings and analysis capabilities quite effectively, and it actually started working like it should have back in 1996, but which never did. We were pleased.
Shortly after we had done certain actions of significant public interest on August 15th 2008 (which "spiked our traffic" to a few thousand hits), our freehawaii.org website had suddenly shut down, saying "Bandwidth limit exceeded". Without warning or notice from Mr. Gardner, it remained inaccessible for more than two days, greatly impeding our capacity to conduct Kingdom business and inform the public. This required immediate action to prevent further hindrance to my government. Mr. Stevens quickly came to the rescue.
With very little time to act, I instructed the new web master to migrate all Kingdom information over to the new domain address as it currently existed, where he would immediately begin changing the design, form and function. As a courtesy arrangement and not lose valuable increased customer traffic, Mr. Stevens redirected all traffic from freehawaii to hrmakahinui, with the redirection to happen only during this "down time" of freehawaii.org.
Once freehawaii.org became accessible again, it defaulted back to the original non-functioning version, with all of Mr. Stevens' repairs, corrections and upgrades erased, to the way it always was. We asked Mr. Gardner why all the new changes and repairs to freehawaii were suddenly "gone", and received no response. We thought it odd for someone to 'hack' a website back to its original non-working version. When Mr. Gardner finally replied after more than three days he said he was "transferring servers", that the freehawaii.org site was "not on the top of his list" and would have to wait until he could get to it.
When Mr. Gardner saw what happened, he wrongfully presumed the new web master had "stolen" the design and information from freehawaii.org, and filed a copyright infringement against Mr. Stevens, who was acting upon my orders. This obviously was the result of mistaken assumptions on Mr. Gardner's part, which would have been avoided had he contacted us in a timely manner.
All information contained on the freehawaii.org and hrmakahinui.com websites pertaining to the Kingdom of Hawaii belong to the Kingdom of Hawaii. Our information is protected by Kingdom common-law copyright and remains within the jurisdiction of my Kingdom. Being outside of U.S. jurisdiction, Mr. Gardner will have to file a complaint with my government, the Kingdom of Hawaii, in order for us to consider it. Mr. Stevens was acting on my specific orders, so Mr. Gardner will have to file a complaint against myself, not Mr. Stevens, in our own jurisdiction and venue. Mr. Stevens remains protected under Kingdom of Hawaii law, and is not required to consent to the jurisdiction of the United States in this matter.
Ever since it was created in 1996, freehawaii.org has never worked correctly, in such basic ways as email, contribution buttons, product sales and other aspects necessary for an informational, educational and commercial web presence to properly function. This makes us question if Mr. Gardner's intent was to ever get the Kingdom site "up to snuff" or to hinder it, easily accomplished with a few repairs and adjustments. Its long standing condition of neglect has stifled our functions of government. I am launching an investigation into why, after 8 to 12 years of hosting, my site never functioned like it should. We entrusted Mr. Gardner to make sure all aspects of freehawaii.org worked, which never did. He must now demonstrate to us he acted with clean hands and good faith in fulfilling his duties as web master.
The design of freehawaii does not belong to Mr. Gardner, he has only hosted it. It was Mr. Samuelson who originally designed the site, Mr. Roggasch (the original owner of the domain name) oversaw it and we as King and Queen of Hawaii approved of his design. As Mr. Gardner is wrongfully claiming that both the design and information contained within freehawaii.org is his, I have no choice but to file a copyright infringement complaint upon Mr. Gardner, and demand he now produce evidence to prove his claim of "ownership". Mr. Gardner may have paid for the registry of freehawaii.org, but he does not "own" my information or Mr. Samuelson's design. He is now instructed to immediately lift his wrongful and frivolous copy right infringement complaint from Mr. Stevens, and until this matter can be properly resolved, remove all Kingdom of Hawaii information from freehawaii.org, within 72 hours of this notice, or be subject to civil action.
The question of who "owns" the design of freehawaii.org is between Mr. Samuelson, Mr. Roggasch and Mr Gardner. The question of who "owns" the Kingdom of Hawaii information is between myself as King of Hawaii and Mr. Gardner as the alleged infringer. Mr. Stevens is not a party to this action. Mr Gardner's copyright infringement against me and my government shall be taken directly into civil action if he does not comply with our instructions. He will also have to satisfactorily compensate Mr. Stevens for 43 hours of his lost time to restore what he has undone through his rash actions and mislaid presumptions.
In closing, I authorize Mr. Stevens to now manage all Kingdom [of Hawaii] internet activity, and Mr. Gardner shall now cease and desist any action dealing with me or my Kingdom except for the removal of our information and the lifting of the copyright infringement claim against Mr. Stevens. This LETTER OF COMPLAINT is also being filed with my copyright infringement claim to Mr. Gardner's ISP. I recommend they place Mr. Gardner under review, and investigate whether inappropriate behavior has been noticed by any other of Mr. Gardner's internet clients, and he has fulfilled his obligations as web master.
Signed and Sworn before me
blockquoteI Am; _____________________________
Majesty Akahi Nui
King of Hawaii
In the matter of THE UNLAWFUL ARREST OF SEVEN
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