Thursday, 4 March 2010

Legal threat from Oliver Schaper!

This blog has been up for a long time. Even I had forgotten about it. Certainly, I've never heard a peep out of Ollie about it.

Imagine my surprise, then, to find the following email in my inbox:

Good Afternoon,

I would like to give you the opportunity to remove your blog:

within 24 hours or face legal actions.

Please be assured that I have access to your personal information and I willing to use U.K. liable laws to win my case against you.


Dr. Oliver Schaper

The email is already ten hours old as I write this, so I guess that only leaves me with fourteen hours in which to comply, huh?

This amuses me to no end. Mainly because Ollie is still unable to even SPELL 'libel', so how he expects me to take his threats seriously is beyond me!

But, in addition to him not being able to spell the very thing he is threatening me with, he clearly does not even know the definition of libel. The term libel refers to printed information which is UNTRUE and aimed at defaming a person and their character (as opposed to 'slander' which is where the information is merely spoken).

So Ollie intends to bring a case using this blog as a basis. So let me post a quick summary for the benefit of any legal professionals who may be reading this:

* Documents pertaining to Schaper's address, phone number, business, and criminal record are all a matter of PUBLIC RECORD. In the case of the criminal records, they can be confirmed by the relevant departments of the US Government.

* Schaper's connection to Peephole TV and its parent company Acos Broadcasting is a matter of public record and can be proven in a court of law.

* With regard to Schaper's activities on Wikipedia, this can be no doubt confirmed by Wikipedia through access to their logs etc, and therefore can be proved in a court of law.

* With regard to Schaper's activities on YouTube:

Schaper was involved in a campaign of flagging YouTube videos in order to have them removed. In most cases, this was done by fraudulently filing DMCA Claims on the videos. Not only is this a violation of YouTube's Terms of Service, it is a FEDERAL OFFENSE. Schaper filed several of these fraudulent claims under his own name; YouTube's own records and emails received by the users whose videos removed will confirm this, and therefore this too can be proven in a court of law. Schaper had a couple of YouTube accounts suspended because of his activities, and he was also reported to several authorities and also to the Electronic Frontier Foundation (EFF) who were investigating him; the EFF would most likely be able to testify against Schaper in any legal case. Furthermore, one of the videos Schaper filed a copyright claim on belongs to TIME WARNER; their legal departments were informed of this.

So everything in the blog can be proven. Therefore he has no basis for a 'libel' case. Also worthy of note....

* This blog is hosted in the US, Ollie is a US citizen based in the US. I live in the UK. Ollie will find it very difficult if not impossible to use UK libel laws in bringing a case against me. Certainly it would be very costly for him to do so. Which leads me to my next point...

* I am unemployed and live off a government benefit. I have no bank accounts, no savings, no assets. Therefore Ollie stands to gain ZERO financial settlement from me- which would be the purpose of a civil case, which is all he could possibly hit me with, NOT a criminal case.

*If evidence of Ollie's activities is given in a court of law, it will look very bad for him. As will his threat of using my personal information, which I don't believe he really has anyway.

This email is typical of Ollie and his internet bullying tactics. But certainly it carries no weight. All he's done is draw attention to the blog, which will most likely be copied and rehosted by other members of Anonymous.

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