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Act 80: Taubman Files Their Appeal Brief

On May 22, 2002, Ms Greenberg filed a brief with the United States Court of Appeals for the Sixth Circuit in response to our brief, which we filed a couple of weeks ago to appeal the injunctions that forced me to take this site and my "mall" site offline. (As you may know, the appeals court has since issued a stay on the injunction for this site.)

Frankly, her appeal is infuriating. Not being a lawyer, I can't really comment on the soundness of her legal reasoning. But being able to read, I couldn't help but notice that the items that she refers to as "facts" are often inaccurate misrepresentations and vicious slanders. She accuses me of extortion for accepting her unsolicited offer to buy the domain name. (It's against federal rules to use settlement offers as evidence, but Ms. Greenberg stopped even pretending to follow the rules a long time ago.) She points to elements of my website as evidence, but many of the listed elements never existed. She heaps scorn on one of my public service websites, dismissing my five years of effort as "a failed business attempt." She describes the function of domain names as if she knows what she's talking about, although the contents of her statement make it clear that she doesn't.

Her basic theory of the case comes down to this:

  1. Out of the universe of possible victims, I somehow selected her client, a developer of shopping malls, as the target of some kind of scheme.

  2. I patiently waited for two years, hoping that her client would notice what I had done.

  3. She made an entirely unsolicited offer to buy the domain name from me, which I accepted, thereby committing extortion!

By the way, the amount of her offer (which I never actually received, as she subsequently refused to honor our agreement) was equal to the amount of money that I earn in ten hours of work! I'm not making this up, she's trying to convince a panel of appeals court judges that I've gone through this enormous hassle just so I could take a day off!

Anyway, if you'd like to read Ms. Greenberg's semi-fictitious account of the facts of this case, just select the link below. (Warning: It's a very long document, 60 pages in all.)

View the Brief (in a separate window)

Next: We Move to Compel Discovery

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©2002 Hank Mishkoff
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