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Jeffrey

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Defendant DISTRICT

Complaint

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the

15

voluntary

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a

DIEHL, NORTHERN

COUNTERCLAIM

THE COURT

DISTRICT

STATES

UNITED

C-06-8600-SBA

FOR

AND

8

No:

9

Case

[email protected]

ANSWER

)

5

by

Plaintiff )

Telephone:

acknowledges

)

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service

)

JEFFERY

10

13027

NY

Baldwinsville,

8417 Oswego Rd. #179

hereby

ACKNOWLEDGEMENT

11

2

COUNTERCLAIM-

("Defendant")

s.

V

14

Michael

acknowledges

and

Crook

CROOK,

MICHAEL

16

1

AND

ANSWER

23

("Plaintiff")

18

Michael

20

12

1.)

21

3

Diehl

22

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L-,

S. Crook, Pro-Se

(315) 350-3412

6

7

CALIFORNIA

)

)

)

)

)

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filed with the Court by counsel for the Plaintiff.

1

#C-06-6800-SBA

II

Counterclaim in response to the charges sets

and legal

this

in

mind of

States

United

York,

New

of

State

and

America,

of

States

United

the

within

age

to any

Defendant

complaint

of sound

the

Plaintiff's

the

of

("Defendant"),

request,

that

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the

legal

pertaining allegations

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Complaint:

and related matters

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within

and other

I

S. Crook

dismissal

of

conduct.

business

inappropriate

8

Constitution

the

citizen

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pertains

as

California

of

State

the

of

jurisdiction

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into

entry

any

denies

Defendant

2.)

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for a jury

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frivolous".

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fide

bona

a

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Defendant

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in a demand

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seeks

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and

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purposes

for

Court

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of

jurisdiction

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accepts

hereby

Defendant

1.)

3

2

COUNTERCLAIM-

ANSWER

"legally

Michael

Plaintiff

this

at

America.

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to the California

the

the following being

13

Plaintiff

it

alleges:

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NOW

by

of

virtue

Defendant

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1.)

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COMES

forth

forth by

matter,

17

7

set

18

allegations

19

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AND

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4

ANSWER

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trial.

of

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and

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&

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to

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relation

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in

enabling

an

to

moving

simply

by

")

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1998

of

Act

Copyright

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circumvent a lawful request under the provisions set forth in the Digital

5

4

number

incurred Allegations",

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expenses

1.) Defendant submits the plaintiff has no cause of action as relates to the alleged

2

1

6

provider suchas Laughing Squid,the Plaintiff shouldnot be entitled to any form

7

of damages.

moved

voluntarily

he

that

alleged

has

Plaintiff

the

admission,

own

his

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2.)

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8

as

fees,

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in

increase

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limited

not

but

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pertains

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claims

Plaintiff's

of

all

and

any

as

well

as

claim,

this

dismiss

to

well any costs associated with the move. Defendant repeats his request for the Court

14

13

new

askedand/orforced to leave,the Plaintiff assumedall responsibilitiesrelatedto a

11

choosing

("Factual Allegations", Provision 14) to anotherserviceprovider without being

12

10

15

to damages,attorney'sfees,and any other form of reimbursementand/or

16

damages,whetherfinancial or injunctive.

17

Plaintiff's

the

that

alleges

Defendant

mentioned,

already

As

alleged.

has

Plaintiff

copyright that

under

rights

allegation

his

his

were repeats

faith

good Defendant

in

felt

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the

of

police

to provisions

the

Defendant

the

becausePlaintiff voluntarily moved to a new service provider, he assumed all

#C-O6-6800-SBA

COUNTERCLAIM-

AND

3 ANSWER

23

own actions led to his alleged increased costs, and the Plaintiff's actions forced

and

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3.) Defendantdeniesinterferencewith contractsor businessarrangements,asthe

law

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damages,

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and

any

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tinancialliabilities relating to that decision,andtherefore,Defendantseeksthe dismissal

2

1

3

reimbursement, disgorgement, injunctive relief, and any other relief that the Court

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would otherwiseconsiderunderthe provisionsof § 17200et sq.

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to complaint.

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forced

was

suffered

not

Plaintiff. The Plaintiff placedhis own rights in jeopardy by way of refusingto has

Defendant

15

Plaintiff

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DMCA

or intent to "terminate,interferewith, interrupt, or otherwiselimit" the rights of

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lawful

a

was

14

DMCA.

deniesPlaintiff's allegationsthat the noticeswere sentwith the intent of malice,

the

believe

to

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with

rights by notifying any and all enablingagentsof the infringement. Defendant

comply

12

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belief

Because the Plaintiff refused to comply with what the Defendant had a good faith

11

10

4.) Defendantallegesthat his actionsdid not meetthe qualificationsof unfair,

infringement

9

8

7

6

a

as

obligations

his

meet

not

did

Plaintiff

any

dismiss

to

Court

the

for

request

his

repeats

Defendant

basis,

conduct.

that

content provider, and as such should be expected to bear the costs related to his On

21 22

the

Plaintiff's other web properties, thereby negating this claim on the part of the that

19

alleges

www.l Ozenmonkeys.com,upon information and belief, is still online, as are all of

Defendant

18

Plaintiff.

especially not "substantially" or "irreparably". It should be noted that

20

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AND

COUNTERCLAIM-

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and all claims of damageand/orharm, including, but not limited to

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reimbursement,disgorgement,and restitution.

3 4

5.) Defendantallegesthat for the purposesof the Plaintitrs claims of unfair,

10

and

unlawful,

unfair,

to

pertaining

charges

all

and

Defendantthereforeseeksto causethe Court to dismissthis claim on the part of any

8

as

Defendantdoesnot resideor do businesswithin the Stateof California.

well

7

as

herebydenies--the Defendantis not in violation of the California Constitution,as

Plaintiff,

6

the

unlawful, and fraudulentbusinesspractices-all of saidclaims the Defendant

9

5

fraudulentbusinesspracticessetforth by the Plaintiff.

of

freedom

to

rights

his

to

loss

no

suffered

Plaintiff

the

that

alleges

Defendant

Defendant.

the

upon

annoyance

and

harassment

of

purpose

speech,not withstanding the fact that he abused said rights with his malicious and intentional

14

13

Defendant

6.)

12

11

to

emotional Court

the

inflict

and cause

to

stress seeks

undue

cause Defendant

and

annoy, Therefore,

harass,

to Defendant.

the

upon

distress

18

intended

his comments were not intended to criticize the Defendant or report news, rather were

16

they

alleges that the Plaintiff has abusedthe provisions of17 U.S.C. 107(1-4), in that

17

15

19

dismissany and all claims upon the part of Plaintiff that pertainto allegationsof

20

lost free speechand any other rights underthe Copyright Act of the United States

21

of America, andthe United StatesConstitution,or any other law, whetherlocal,

22

state,or federal.

23

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#C-O6-6800-SBA

COUNTERCLAIM-

AND

ANSWER

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I

in

felt,

DMCA Defendant

solidifies

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the

numerous

n rights.

that

submitted

he DMCA

material

that posted

claim who Defendant's

of

hosts,

Plaintiff's

the

their violation

in

be

and

to

~ admits websites

to

faith,

to

Defendant good

notices

7.)

1 2 3

4

Defendant'sgood faith belief in the validity of said documents.

5 6

8.) In regardsto allegedviolation of l' V.S.C. 512(f), the Defendantallegesthereis

7

a copyright held by the Defendant,despitethe allegationsof the Plaintiff.

8

Specifically,the Defendantrefersthe Court and Plaintiff to I' V.S.C. 201(a).

9

the

that caused

alleges FNC

when

Defendant

law,

"work",

his

of

copyright

of publication

purposes

the

FNC's

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right

question. his

in derived

ofFNC.

part

the

l'

of

way

by

interview,

specific

his

to

regards

in

V.S.C.201(a)

22

not

should

he

and

DMCA,

the

under

rights

his

protecting

to,

limited

not

but

and in that regard,he shouldenjoy all the rights and privilegesthereof,including,

21

20

Channel

Defendant therefore alleges that the co-authorship is shared with Fox

News

10.)

19

18

on

delivery

interview to be provided to satellite and cable systems, as well as other modes of

17

16

he

in

portion ("FNC")

substantial

a Channel

News

provided Fox

who on

person

the interview")

was

he ("the

as

that question

in

alleges material

the

Defendant work"

of

9.)

May 2005, the Defendant at that time became a "co-author" of the "original

15

13 14

12

11

10

expectfrivolous court action in return.

I

#C-06-6800-SBA

AND

COUNTERCLAIM-

,

III

I

ANSWER

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,

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#C-O6-6800-SBA

COUNTERCLAIM-

AND

ANSWER

21

I

22

7

of any and all of the Plaintiff's requestsfor injunctive relief. dismissal

Court's

October

on

law

into

signed

were

they

as

regulations

DMCA

the

as

with

dismiss

to

Court

the

cause

to

seeks

Defendant

the

paragraphs,

in

forth

set

allegations

Defendant's

the

to

due

and

DMCA,

the

under

rights

of

defense

faith

good

in

was

interest

Defendant's

the

times,

all

at

Because

12.)

15

by

Channel,

News

Fox

with

into

entered

was

authorship"

of

work

"original

this

8

his

of

providing

Defendant's

By

authorship".

of

work

"original

an

considered

6

be

should

interview

the

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FNC.

to

them

assign

and/or

transfer

5

of

misuse

the

for

permission

blanket

grant

to

FNC

of

part

the

on

justification

3

any

never

was

there

Therefore,

means.

written

or

oral

by

either

existence,

2

into

come

to

waiver

and/or

release

a

cause

Defendant

the

did

time

no

At

11.)

1

r-\

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the

seeks

Defendant

Furthermore,

just.

and

proper

are

1998,

18 his

16

9

preceding

17

7

Infringement",

19

4

28,

20

-

)

Defendant's image, becausethe Defendant never gave up his rights, nor did he

image and words, a "co-authorship" relationship for the purposes of publishing

way of sameproviding the meansfor uplinking the Defendant'simageand words

10 to their satellite,and then causingthe sameto be transmittedover their cable

11 channel("publication").Defendantallegesthatunder17V.S.C.

12 underthe protectionsof an "original work of authorship",defendantretainsand

13 enjoysthelegalright to protectthis imageundertheprovisionsof theDMCA. 201(a), and

14

prejudice the requests of the Plaintiff for "Declaratory Relief of Non-

("'"l

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"news of

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by

2006)

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that

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published

in

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comments

JerkojJs", his

because

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a

as

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or

Defendant

to

reporting" referring

regard.

Defendant.

this

in

against

hatred

protection

Use

incite

and

Fair

no

express

enjoy

can

generally

to

Plaintiff

that

designed alleges

was

entry therefore

this

words,

construed as "fighting words" and harassment. Defendant alleges that by virtue of these

Defendant

5 6 9

8

7

of

Plaintiff cannotreasonablyclaim that his purposein the entry which sparkedthe matterin Company

3

The

photographin controversyunderthe Fair Use provision, 17 V.S.C. 107(1-4). The

("In

2

controversy

13.) The Defendantallegesthat the Plaintiff shouldexpectno protectionaspertainsto the

4

1

the

of

part

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was

upon Defendant

faith

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of that

part,

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was controversy

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complaint

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party. to

the

other

no therefore

and authorized

consentto the releaseof Defendant'simage. Defendantallegesthat he did not perjure

J

not

and

FNC,

22

8

is

upon,

to FNC

that

agreed

granted

was written, alleges

or

which Plaintiff

oral

image, whether

and

belief,

faith

form,

Defendant's

to release good

a

right a

has

was

the

was

time Plaintiff

21

no

case

authorized to act upon the holder of "an exclusive right". The "exclusive right" in this

At

19

must

deniesany suchchargeand seeksthe dismissalof any and all suchcharges. DMCA

16

20

fact

of

way

by

image,

one's

that

satisfaction

Court's

the

to

prove

will

Defendant

The

intentionalmisrepresentation, whethermaterial or otherwise. The defendanthereby

18

it"

15

The

Defendant. The Plaintiff hasnot presentedproofs that satisfiesthe allegationof

15.)

14

17

lose

and law, is able to be protected under trademark, and as such the notion of "police it or

13

12

14.)

11

10

#C-06-6800-SBA

9

the

of

respectfully

actively

10 17.) Defendant submits that it would set a dangerous precedent to the detriment of

11 copyright holders,and in unduefavor of contentproviderssuchas "bloggers" and

of

all

and

any

Defendant

the

with

harmony

in

and

authorized,

was

Channel's

News

Fox

the

for

used

especially

the

in

means

of

manner,

use

other

No

work,

that

(Shown

from

consent

other

any

in

act

being

said

as

well

as

the

gained

to

image

his

to

defend

time

alternate

Defendant

defendant

forbidding

never

properties.

FNC

:

a

DMCA".

find

claim,

said

dismiss

FNC

authorized

not

~

~

!,

at

2006,

Court.

the

from

itself.

FNC

because

consented

to

and

and

law,

the

to

to

injunction

an

on

other

and

right

1,

Crook

Michael

Relief

seeks

and

is

FNC

that

Defendant

The

16.)

and

November

on

vs.

adhere

simply

granted

specifically

Colmes,

and

Hannity

4

expectation

,

posted

Monkeys

Declaratory

image,

broadcast

than

other

alleges

Defendant

5

every

COUNTERCLAIM-

was

Zen

0

should

Court

the

if

201(a),

V.S.C.

his

of

use

use

any

for

6

the provisions of 17 V.S.C. 201(a). has

1

for

requests

"webmasters"

8

2 he

This

B)

and

Plaintiff

the

protecting

12

himself, because

AND

ANSWER

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the

Plaintiff's

the

13

1

I

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t

"Proofs"-Item

and

Court,

14

17

I

entitled

17

entry

16

15

section

22

7

I

23

, CO,," :

under

3

9

submits that the arguments expressed in that regard by the Plaintiff have no place in this

protest.

18

19 18.) Defendant seeksto cause the Court to dismiss the Plaintiff's complaint based on the

20 grounds that plaintiff has maliciously and purposefully harassedthe defendant by posting

21

the complaint for this matter on his blog, located at www.l0zenmonkeys.com, under an

n

n 1

plaintiff knew the defendanthad not beenserved. This calls into questionthe plaintiff's

2

true intent, and alsorendersany allegationof damageson the plaintiff's part null and

3

void. This can also be perceivedasbeing harassmentand intentional infliction of

4

emotionaldistresson the part of the Plaintiff.

school

in

more defendant.

high

(Shown

initiated the

senior

Club",

lawyers

harass

defendant's and

intimidate

from

Internet

plaintiff's

"Crook's

the

that

to

photograph

entitled

day

blog attempt

a

the

same wherein

on

the obvious

an

in

C)

posted

2006,

6,

was

entry posted,

"Proofs"-Item was

section

an

November

On

19.) paperwork, the yearbook

9

8

7

6

5

the

in

infer

copyright violation in regardsto this photograph.

these

On

distress.

emotional

and

defendant

grounds,the defendantseeksto havethis complaint dismissed,and sanctionsbrought

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#C-O6-6800-SBA

COUNTERCLAIM-

AND

10 ANSWER

23

intimidation,

defendantbeing a witnessfor the defense,an opposingparty), asthis move causedthe stress,

21

undue

conductof the Plaintiff shouldbe construedastamperingwith a witness(by way of

of

20

feeling

20.) The Plaintiff allegesthat the argumentssetforth aboveaspertainsto the alleged

a

19

22

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,

a

in

and

it, engaging

used

would

New

published was

he

has

which

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being

it that

Plaintiff

release

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of the

or

School

purposes inference

which

in

knowledge

full

had

manner

any

High

the

for Oakcrest there the times

all

at

in

was

for

photograph

the

time used Plaintiff

be

no

yearbook

for At

the

sitting

of that

could

1997.

of

section alleges

photograph

this

Class

"Activities" Jersey), that Defendant

13 14 15 16

17

defendant

as both the Defendantand photographycompanyshouldbe consideredco-authors,by of

11

way

Furthermore, the yearbook photograph should enjoy protection under 17 V.S.C.201(a),

12

10

"legally

as

these

deeming

Court

the

to

limited

not

but

including

Plaintiff,

the

against

1

2

allegations

n

n frivolous".

that

D)

question,

in "Proofs"-Item

photograph

the section

the

removed in

plaintiff (Shown

exists

14,2006, screenshot

November

a

that

around

fact

or

intends 27,

its

plaintiff December

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from

the

shows

removed

been

clearly

which

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apparently

has

it

fact

the

"Proofs"-Item .mondoglobo.netlimages/intemetclub.~il2g.

/www

despite

section

the

in photograph, http:/

at:

this

(Shown show

to location,

9

8

entry,

clearly shows the photograph exists. This claim is supported in the Source for this blog

7

6

the

On

21.) despite

5

4

3

F)

domain

Defendant.

the

the

to owns

referring

(Shown in "Proofs"-Item

Defendant

that

fraudmeister",

stated

"DMCA

on inaccurately

Plaintiff

the

Furthermore,

13

information

http://www.l0zenmonkeys.com/2006/12/27/crook-harass/ sought

11

which

2006, upon information and belief, the Plaintiff posted a blog entry, located at

12

10

14

forsakethetroops.org.The Defendantneverat any time ownedthe rights to this domain,

15

nor did he haveany part in registeringand/oroperatingit. Theseare potentially libelous

16

statements,and can be perceivedas "fighting words" and upon this action,the Defendant

17

seeksto dismissthe Plaintiff's complaint,and to awardall relief soughtin the

18

Defendant's

counterclaim.

an

in

weapon

a

as

system

legal

the

used

has

Plaintiff

the

lawsuit,

this

filing

By

22.)

20

19

21

intentionally malicious manner, by attempting to intimidate Defendant by publishing the

22

lawsuit on his website prior to its filing, and by continuing to post harassing material after

23

the legal process began. Defendant alleges that Plaintiff's conduct in this regard is in

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AND

COUNTERCLAIM-

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11

n

l

6

later

a

at

needed

as

amended

be

may

which

with the full knowledgeof his counsel. Additional injuries include intentional infliction damages

4

other

disdain,and harassingcommentsfrom variousparties,including the plaintiff himself,

and

3

distress,

way of causingincreasedtraffic to his website,unwantedattention,exposureto public

emotional

2

of

violationofU.S.C. § 1985(2),andin so doing hasirreparablyinjured the defendantby

5

1

date.

9 10

and

claims

plaintiff's

the

of

all

and

any

dismiss

to

seeks

hereby

Defendant

The

23.)

8

7

charges, and seeksthe Court's imposition of sanctions against the Plaintiff and counsel for filing a "legally frivolous" action.

11

a

set

further

would

It

DMCA.

the

to

regards

in

rights

his

protect

civil law if the Court were to issue an injunction forbidding any action on his part to and/or

13

police

24.) Defendant alleges that it would be an undue infringement on his rights under

14

12

15

dangerousprecedentto the immediatedetrimentof copyright holders,in unduefavor

16

of webmastersand bloggerswho seekto ignore and intentionally abusethe law in

17

orderto publish any contentthey wish, regardlessof authorshipand copyright issues.

18

Therefore,Defendantseeksto causethe Court to dismissany and all requestsupon

19

the part of the Plaintiff for any form of injunctive relief asrequestedin the initial

20

complaint.

21

The Defendantrepeatshis requestthat any and all motions and requestson

the part of the Plaintiff for damages--injunctiveand monetary-as well as

#C-O6-6800-SBA ,

COUNTERCLAIM-

AND

12 ANSWER

23

25.)

111

22

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prejudice.

with

Court

the

by

dismissed

be

fees, costs, disbursements, disgorgement, restitution, and/or any other

relief

of

form

Attorney's

2

1

5

Complaint,

the Defendant

6

the status of the complaint,

7

counterclaim

seeks to have this complaint the Defendant

of damages incurred

dismissed.

a

to

Answer

preceding

the

in

forth

set

allegations

and

grounds

the

On

4

3

Independent

of

hereby submits the following

as a direct result of this matter:

COUNTERCLAIM

9

8

23

Frontier

Electronic

the

lawyers,

plaintiff's

the

1,2006,

on

it

announced

also

defendant

The

defendant.

the

upon

served

the of

is

It intent

the

served. with

been

yet action

not this

had took

defendant plaintiff

the

that that

knowledge

full

true

of

claim

any

waived

has

Plaintiff

the

that

submits

harassment.

#C-O6-6800-SBA

AND

COUNTERCLAIM-

,

J..I

I

ANSWER

13

the

perverting

for

law-abiding

and

citizens such as the Defendant.

I

known

are upstanding

and their desire to manipulate the law

of

detriment

the

to

is

who

EFF,

the

namely

Plaintiff,

the

which

liking,

their

to

legal system for their need for publicity

22

21

for

counsel

damages. Essentially, this case is about publicity for his blog and for the

20

19

Defendant

and

allegation

having defendant's malice The

2.)

18

17

16

B)

his blog, located at www.l Ozenmonkeys.com, (Shown in "Proofs"-Section

15

14

properly

was

Foundation, posted copies of the initial complaint on their website before it

13

12

November

On

1.)

11

10

and

materials,

time,

n actual

for

him

reimburse

to

damages

seeks

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mainly

to that

and/or

led

consist

have

alleges

banner

of

way

Defendant

sites.

by

actions

which

operations,

Plaintiff's web

advertise

revenue.

business various

Defendant's

who

advertising

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in on

ads

advertisers,

from

disruption click"

Defendant's

derived

a

9

of

inclusive

losses,

actual

of

amount

this

filing,

this

of

time

the

At

sources.

the Plaintiff's malicious actions caused the loss of most advertising revenue

8

7

per

to

income

of outcry "pay

6

5

4

caused

costs related to defending this matter. Furthermore, Plaintiff's actions have

3

2

defendant

The

3.

)

1

estimatedloss of advertisingrevenue,aswell as actualtime, costs,and

10

materialspertainingto the defenseof Plaintiff's frivolous action, is estimated

11

at $4,150.00,which includesreasonablecompensation.Defendantreserves

12

the right to amendthis amountasneeded.

13 4.)

Defendantfurther seekspunitive damages,asthe Plaintiff's actionshave

the

on

result

desired

the

was

this

that

allegation

Defendant's

the

is

Plaintiff.

causeda hateful, and aggressivebacklashby supportersof the EFF and the

16

15

It

14

20

an

in

done

was

this

alleges

defendant

The

served.

and/or

lawsuit, with complete paperwork posted, prior to the defendant being notified

18

properly

part of the Plaintiff and his lawyers, which is evident in the announcing of this

19

17

intentional effort to harass,annoy,and unduly intimidate the Defendant.

21 The backlashhascausedthe defendantunduestressand defendantconsiders this to be Intentional Infliction of Emotional Distress on the part of the

14

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#C-06-6800-SBA

COUNTERCLAIM-

AND

23

5.)

ANSWER

22

,

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6.)

consent.

his

without

school

high

of

year

continuedto maliciously violate the defendant'srights by postingyearbook senior

3

defendant's

2006, entitled "Crook's InternetClub", (attachedunder"Proofs") wherehe

from

2

photographs

plaintiff, asthe plaintiff postedanotherentry on his blog on November6,

4

1

This action as hascausedthe defendanta considerableamountof undue

6

stress,and hasalso causedDefendantto be annoyedand feel unduly harassed

7

by the Plaintiff's conduct. Defendantallegesthat the Plaintiff's actionshave

8

causedirreparableand intentionaldamage,both to his reputationand business

9

operations. Defendantseeksdamagesto aid in the recoveryfrom said

10

injuries.

of

amount

the

in

damages

punitive

seeks

Defendant

recovery,

this

in

aid

To

7.)

12

11

13

$22,000,000.00,or anotheramountdeemedfair andjust by a jury and/orthe

14

Court. Defendantreservesthe right to amendthis amountasneeded.

15 16

8.) Defendantseeksthe Court'sdismissalthe plaintiffs complaintwith prejudice.

17 18

9.) Defendantpraysfor any and all other damagesdeemedjust by the Court.

19

07

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DATED:

21

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23

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,

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sworn:

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identification.

proper

me

to

submitted

who

Crook,

S.

jJl£1'!

Malcolm M. Merrill

04ME5072663

County

i above

the

appeared

2007,

January

of

day

f---

this

on

me

Before

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Pro-Se

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Crook,

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Michael

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methods:

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following

the

by

Plaintiff

SERVICE

OF

C-06-8600-SBA

Number:

CALIFORNIA

OF

DISTRICT

NORTHERN

THE

COURT

DISTRICT

STATES

UNITED

the

for

Defendant

#C-06-6800-SBA

17

,

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AFFIDAVIT

Plaintiff

attorneys

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the

)

8417 Oswego Rd. #179

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delivery:

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named,

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MichaelS. Crook,appearing Pro-Se

20

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ads

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men

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to

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prank

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internet

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identities

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listings

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man

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the

one

readY

actually

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on

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picture

a

in

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he

but

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ambushing

is

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Michael

of

in

known

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see

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into

man

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script,

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he

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one

original

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wannabe,

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wives,

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another

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years

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made

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site

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on

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reaction

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emails,

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him

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necessary

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co-workers'

claiming

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numbers

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teenaged

teach

perverts"

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pics,

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couple

a

from

article

-

published

respond

apparently

conned

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Kansas City ,and Anchorage

site

also

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email

last

one

encourage

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more

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and

wife

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think

to

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would

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with

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answers,

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tapped

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people

were

cities

extra

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like

was

Crook?

almost

received

and

we

guy

got

ad

fake

his

day

as

II

of

enjoying

he's

claims

18th,

writes.

he

kind

what

see

little

Michael

is

prostitutes,"

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who

So

September

weather

flirtatious

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(~_t,

of Jerkoffs

By Lou Cabron

2006

769

d!ggs

digg it

community,"

If Jason Fortuny is similar to the "Chad" character from Neil LaBute's In the Company of Men, then

place and hypocritical for the behavior he's engaged in.

university with B-cup breasts, looking to hang out "and maybe enjoy a nice, safe sexual encounter." ("I don't care if you're married, single, engaged, whatever. Life is fun. Sex is natural. Friendship is great.") And naturally, when men responded, Michael published their pictures and emails on craigslist-perverts.org - a domain he created Wednesday.

publishing variations on his original ad. ("I'm 19, 5'4, 108 lbs, brown hair

name of a respondent, then claimed it appearedon other dating sites "including fag sites."

about how religious programming was assigned spots on a local cable access show. (And the fact that a

Technorati Tags: Craig's List, Fortuny, sex-baiting, sexbaiting, craigslist,~, malicious

Michael

Fuck

Its

page.

MySpace

their

to

him

about

song

a

uploaded

Ascent

Permament

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off.

people

pissing

of

out

career

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make

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and

store

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that

writes

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group.

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Dutch

obscure

an

for

club

fan

300-member

a

ran

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web

his

to

according

Vegas,

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and

Jersey,

New

southern

Arizona,

small-town

in

up

grew

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obscurity.

by

plagued

remains

Michael

activity,

online

his

all

for

But

Recently

women."

and

men

white

of

rights

the

"preserve

to

group

a

with

anaffiliation

~

had

Michael

earlier

claimed

blogger

One

sincere.

appears

anger

his

of

some

least

at

But

soon!"

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words

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by

followed

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than

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be

to

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sites,

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immigrants.")

illegal

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and

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to

("dedicated

crimmigrants.org

and

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thing...

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racism

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explain

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he's

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notoriety.

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on

in

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to

off

them

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to

trying

apparently

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although

and citizensagainstthetroops

and

convention,

their

of

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(Asshole!)

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him!)

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him!

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dick!)

whether

seen

be

to

remains

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~.

obviously

was

that

though

-

servicemen

angry

by

death

to

beaten

was

he

reported

later

site

His

")

cruel

are

you

and

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you

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you

heartless,

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a

you're

and

ignorant

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Hannity.

Sean

from

beatdown

standard-issue

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performance

deer-in-headlights

Crook's

where

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Fox

on

appearance

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to

led

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country!"

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in

ilk

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asking

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to

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which

troops,"

the

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site

web

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TV

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economy.")

our

of

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venue

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Pacific

composed an essay arguing that members of the military are overpaid. ("Financially

first

its

familiarity

the

within

from

other,

each

in

solace

take

Crook

a

band

garage

a

~

In

Crook created related domains like opposethetroops, disownthetroops,

hold

pranksters

nihilistic

of

community

this

when

day

a

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dick.

a

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he

later

years

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unfit

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speaking, it's the

-

Michael also created a web page criticizing a 17-year-old drunk driver who killed her friend in a car

accident- including what he purportsareher phonenumbersand address.

degree.

Ironically, just four weeksbeforehis Craig's List prank, he'd senta spateof letterscomplainingabout copyright infringement.It's possiblethat this article may only further his goal of online infamy, thoughit

lyrics?

Crook!"

they spend a week at the Marriott sneaking up on each other, flicking each other's ears and laughing until they drool.

See also: Crook's Internet Club

michael crook

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DMCA

and

Crook

Michael

()

vs.

Monkeys

Zen

10

and

EFF

n

2006

st.,

J

November

By Jeff Diehl

it

digg

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769

far.

too

taken

been

finally

have

may

Crook

Micbael

and

Fortuny

Jason

la

a

griefing

Social

Vote Reddit StOry 1

rights.

speech

free

our

violating

and

The Electronic Frontier Foundation is representing 10 Zen Monkeys in a civil lawsuit against griefer Michael Crook for abusing the DMCA

examined.

In September, we published an article about Crook when he mimicked Jason Fortuny by trolling CraigsList and sex-baiting guys into giving him private information which he then revealed on his site (now offline), craigslist-perverts.org. He apparently did not like what we had to say. In a brash and hypocritical (though not at all surprising) move, Crook filed a bullshit DMCA take-down notice with our then-ISP, knowing that the "safe harbor" provision would compel the ISP to take immediate action, even before proof of copyright ownership was

commentary.

critical

of

context

the

in

use"

"fair

called

I was personally given an ultimatum to remove the material cited in the notice (a TV screen capture of Crook's appearance on Fox News Channel), or have my account canceled. Needless to say, Crook did not own the rights to the image, and even ifhe did, there's a little thing

his services are more expensive, but Iknew Scott

-

Beale

Scott

pal,

myoid

by

owned

Squid,

Laughing

ISP

Francisco

San

local

to

site

the

Appalled that he was able to so easily, and without any onus of proof, jeopardize my standing with my ISP, I immediately set about moving would understand and respect free speech at least to the point of asking me for details before threatening to pull the plug on my site.

concerned

The first thing I did after migrating 10 Zen Monkeys was re-insert the image of Crook into the offending article and, sure enough, within 24 hours he had sent another DMCA take-down notice to Laughing Squid's upstream provider. I'm sure he was emboldened by his success at forcing me to relocate my website once, and was trying for a repeat. But this time, Scott indeed called me to get the story. He was as angry as I was, and said I should contact the Electronic Frontier Foundation. (As an ISP, Scott hadn't seen this particular abuse before, and was - it showed just how easy it is under the current DMCA provisions to intimidate a website, for any reason whatsoever.)

does."

News

Fox

-

footage

news

the

to

copyright

the

own

doesn't

certainly

"Crook

Schultz.

Jason

Attorney

Staff

EFF

said

"

interest,

"This is yet another case of someone intentionally misusing copyright law to try to shut down legitimate debate on an issue of public

of

because

is

necessary

even

is

harbor"

"safe

the

reason

(The

law

the

use

easily

can

organizations

or

individuals

shady

that

means

it

scrutiny,

judicial

of

type

any

or

order,

court

a

require

ones which sacrifice fair use among other things.) But since the take-down

speech.

doesn't

free

stifle

to

notice

the draconian copyright "protections" built into the DMCA -

it.

removing

immediately

by

consequences

legal

any

avoid

can

they

copyright,

The "safe harbor" provision of the law is meant to shield service providers from liability for any copyright violations that might be committed on their clients' websites. It basically states that, upon being notified by letter or email that there is content in violation of

"Crook has used a bogus copyright claim as a pretext to squelch free speech," said EFF Staff Attorney Corynne McSherry. "Unfortunately, it is easy to abuse DMCA takedown provisions and most internet speakers don't have the ability to fight back." I removed the original image in the Crook article and instead linked to a similar image residing on someone else's server (Crook is ~ ~ on the internet, so it's not difficult to find materials criticizing him [NSFW] on Google).

serve

blog:

to his

From

campaign

own question.

in

his

blog

his material

on the

declared

on

copyright

has

servers! the

He

their

on DMCA.

owns

he

the

reside whether

of

of

doesn't

that regardless

like,

interpretation

content

to doesn't

he

malicious

links

that

site

a

particularly sites

a

for

on

have

ISP to

an

notices

seems take-down

Crook

intimidate

Surprise! Crook didn't like that either, and on October 24th, he filed yet again, this time thinking that the DMCA could be used to

that.

for

responsible

be

can't

I

complaint.

the

to

responded

hasn't

webmaster

One site has gone completely down. It currently routes to a "Suspended" page. This site has remained down because the

publicity.

None of this is surprising from someone who has devoted so much time and energy finding others in a compromised state - whether it's horny men online, or wounded soldiers - and then systematically hurting them further, for nothing more than a fleeting, self-defeating

,

1

",

,

I,.

Until now, the instances of social griefing made famous by Jason Fortuny and aped by Michael Crook have brought up mostly privacy

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issues. In the case of Crook's abuse of DMCA, we see the same childish, ill-intentioned publicity-seeking, but that's not to say there's no difference between Fortuny and Crook. Fortuny has never tried to stop anyone from saying anything about him - in fact, he seems to enjoy

but

deserve,

and

he

doesn't

publishers

for

a

reward

bad

is

is

law

this

attention

of

him

give

provision

to

because

takedown

part

The

in fight.

to

afford

self-censored,

have

cannot

and

exploits

rights

their

DMCA

Crook's

understand

of don't

targets

they

the

of because

also

Some

the direct negative criticisms he's received. Crook, on the other hand, is clearly operating on a level of complexity that is far beyond his capacities - he wants to be notorious, but then uses unrelated, legalistic (though illegal!) manipulations to silence those who speak out against him. Despite his comical claim to the title of copyright defender, he is creating a real chilling effect on free speech.

anyone who cares about free speech, and Crook has clearly demonstrated a reason why. He has also stupidly underestimated the resolve of this publication; we hope to set an example of what can be done when First Amendment rights are fully understood, nurtured, and worn into battle.

Update: Crook taught

students

how

to properly

use the internet

Crook serves DMCA takedown notice to BoingBoing. (BB gets permission from Fox News to post image.) Tucker Max deconstructs Crook See also:

EFF's press release PDF of complaint In the Company

of Jerkoffs

The Secret Life of Jason Fortuny Jason Fortuny

Speaks

Good Griefers: Fortuny vs. Crook T echnorati Tags: ~,

~

fu!1!illY., ~,

10 zen monkeys, first amendment, free speech

769 diggs dlgg It

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1:.~~"~,'il~.",H « Libertarian Chick Fights Boobs With Boobs

~

Interview With Vallevwag Nick Douglas»

1. Marty

DMCA"

and

Crook

Michael

VS.

Monkeys

"EFF

Zen

to

and

24 Responses

10

Commentsfeed for this post: ~ You can skip to the end and leavea response.Pinging is currently not allowed.

Says:

November 1st. 2006 at 6: 14 pm

I love how he calls the EFF hippies in his pressrelease.If a hippy is someonethat can be critical of other peopleand their actions, then call us hippies. 2. Mama Fox Says: November 1st.2006 at 7:25 pm

.

II

Glad to hear of this news. Maybe they can ask for his banishment of being online also or at the least owning websites or blogs

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By Lou Cabron November6th. 2006

Vote Reddit Story 2 The Internet's

most hated figure, Michael Crook, who is on the verge of being legally humiliated in court thanks to griefer dumbfuckery

using

websites,

what

Hairstyling

.

wonder

.

Net

EtiQuette

to

the

the

Internet

curriculum

Club

must

have

in

high

school,

consisted

where

he

trained

students

"on

how

to

use

the

Internet

properly."

of...

Video

one

Web

makes

belonged

for

It

nefarious

101

. Protecting Your Privacy . How to Leverage the Internet to Make Everyone Desoise You (Including Every Armed Human in America!) .

Legal

Pitfalls

Online

Who could've known, back in the year of 1997, to what~ Mr. Crook's life would lead? Somehow, a modest start showing newbies the basics of internet technology allowed him to, less than 10 years later, rise to the position he holds now: President and CEO of Michael Crook Internet Properties! UPDATE

In

the

last

five

days

millions

of

web

surfers

have

learned

the

legend

of

Michael

Crook

-

his

story,

his

image,

and

his

attempts

to

squelch

it

by abusing a badly-written copyright law. Crook objects to the use of a goofy picture taken from his 2005 appearance on the Fox News network. But Xeni Jardin, a BoingBoing writer, posted that she's since contacted a producer at Fox News, saying they'd "laughed, asked why Crook was claiming rights to an image that Fox produced, then said Fox had no problem with BoingBoing or anyone else posting the thumbnail image online." parable

giant

a

becoming

It's

- showing people online how easily copyright law can be mis-used. But in a new twist, they're responding, rising up in an an impromptu celebration of free speech. TailRank CEO Kevin Burton re-published the photo, urging Michael Crook: "Please send me a fake DMCA takedown notice... I'm going to auction it off on eBay and give the proceeds to the EFF!" Fellow griefer Tucker Max also republished Crook's photo, writing that he was calling Crook's bluff and adding "Fair warning: I OWNED the last lazy-eyed douche to come at me." (A debate has apparently been scheduled between the two for Wednesday at 3pm Eastern time.)

-

contest,

and

a

started

Shatner,

even William

Fark.com

at

tormenting

Pranksters

Lincoln,

~

~. President

~

QlQM

assassinating

Q!}

him

appearing

showing

~ settings,

~

~

satirical

soon

new

into

And picture

online."

speech

free

for

Crook's

photoshopping

fight

The writers at TechnOccult not only re-published the photo on their!?lQg and MySpace page they urged othersto do so as well, even including the necessary HTML text. "By standing up to intimidation and spreading the word about this case," they wrote, "you can help the

appearing as the photograph on a box containing a douche. IN THE COMPANY

OF GRIEFERS

Also republishing Crook's photo was the original CraigsList sex pranker, Jason Fortuny, who also dared Crook to send him a DMCA notice. ("Operators are standing by.") Ironically, Crook first gained the attention of 10 Zen Monkeys after mimicking Fortuny's Craig's list experiment of republishing the responses he received to a fake ad pretending to be a woman seeking casual sex. Now the two men are apparently locked in a weird online rivalry. Friday Fortuny went to the trouble of adding a new entry to his official blog scrolling 20 copies of Crook's photo, along with more abusive commentary. ("This is Michael Crook. He has AWESOME hair. In his spare time, he likes to DMCA websites.")

turtlewax."

How did Fortuny ~ the DMCA notices he received? "I send the counter notification to my webhost, who then notifies your attorney, and your attorney notifies you and follows up with something like 'this will cost thousands of dollars to follow through.' And then you swallow, and smack your forehead, and you don't respond within the alloted 14 day period specified in the counter notification and my shit goes back up... Thanks for playing. All contestants on the RFJason Show get 'The Craigslist Experiment' home game and free

MICHAEL

CROOK RESPONDS

,

II

Crook joined the online conversation, and Friday even created a new domain - FuckEFF .org. Lambasting "the almighty Electronic Freedom

~

Illlp.IIWWW.lVZt:lUllVIIl\.t:y:;.~VllI/LVVV/ll/VV/l.;lVVl\.-llllt:11lt:l-~IUU-IVUIIUUI!I

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rOOKs Irnernel \.-IUD- IV Len lVlunKeys~a weuzlIlt:)

Frontier," he decriesthe group's lawsuit as malicious prosecution-then eternalfinancial misery for going after me."

15 words later writes "I will go broke ensuring[Jeff Diehl] incurs

Crook saysthe action againsthim will "exposearroganthippies suchas the EFF and Jeff Diehl" - not as defendersof free speech,but as "arrogantabusersof the legal system."Apparently confusedby the word "frontier," Crook free associatesthat the group is "renegadeswho feel the Internet is the Wild West, and that they can do whateverthey wish." Jeff Diehl and the EFF are "hippies," he writes again, but thwartedby the DMCA, they cannot"rule the internet."

above four Google AdSense

on

position

writes-

he

his

later

fact,

In

pity-whoring"

and

him.)

interview

publicity,

to

seeking

intimidation,

is

outlets

media

movitation

any

true

for their

that

information

contact

unfortunate

"It's

includes

clear.

matter

more

the

on becomes

statement attention-seeking

official

"All of this fuss could have beenavoided," he writes wishfully, "had they simply shut up, askedno questions,adn [sic] complied with the law." Calling the DMCA a "wonderful law," Crook arguesthat the EFF suit "is about publicity and pity-whoring..." (Although his own

ads.

To draw more traffic from searchengines,Crook augmentedhis anti-EFF pagewith over a dozendifferent hidden keywordsin its HTML code, including "hippie lawyers," "jackasses," and "whiners."

And he's also helpfully includes a bannerad whereyou can downloadFirefox. At the bottom of his web pagehe's postedthat it's copyrightedto "Michael Crook InternetProperties"- so don't get any funny ideas.Although ironically, all four of his AdSenseads are recommendingattorneys.("'We Fight For and Defend Your Rights! Call24n ") THE MONKEY'S BARREL As Crook voiced his opinions about imagecontrol, the online world apparentlydecidedto join the discussion.Saturdaysomeonesent Michael Crook's dorky high schoolyearbookphotosto 10 Zen Monkeysin a show of support,saying they'd goneto the sameschool as Crook and rememberingthat "he was alwayskind of a spaz." (In the yearbook's section for a quote or favorite memory,Crook offered "I'm the great Cornhuho!")

It's just one of many responsesto the original article. "Been there, donethat," wrote a director from Black Box Voting, adding he "beat Diebold Election SystemsInc. when they were going nuts trying to DMCA-slam websites." Another commenterchallengedCrook's argumentthat his presencein the photo grantshim a copyright, saying it raisesan interesting question"about the photoshe publishedof men who had answeredhis CraigsList ad. (Who would presumablythen enjoy the same copyrights.)"

fill

internet

the

of

tubes

the

as

moment,

exciting

an

It's

A LEARNING OPPORTUNITY !:!P. ~

~

Qf conversations,all about the sametopic: a flaw in online copyright

law.

A law studentat New York Law School~ that the legislation "promotesa 'shoot first, ask questionslater' responsefrom ISPs," but notesthat the counter-notificationpolicy also createsa "game of chicken" situation in which "the ISP is only obligatedto listen to the last party to speakon the issue." He identifies the problem as the default assumptionthat a copyright infringement is taking place. "If an ISP were to contact users ofDMCA

takedown notices before removing the material, this assumption isn't that strong, but most ISPs don't

behavethis way... once the ISP gets a takedownnotice of any sort it will usuallyjust pull the material down and let the user know in due course."And even if a counter-notificationis filed, the ISP still observesa to-day period of time wherethe contestedmaterial remains offline.

Technologywriter ThomasHawk ~ "I think it's abusiveto usethe DMCA, a law that was meantto be usedfor copyright ownersto havetheir copyrightedmaterial taken off the internet, abusedand usedas a tool of censorship."And Plagiarism Todaylinks to an academic ~ from earlier this year offering statisticsshowingthe DMCA being mis-applied.The study shows30% of the DMCA takedownnotices being marredby obvious issueslike fair useor the targeting of material which couldn't be copyrighted.Nine percentare incomplete.And apparently over half the notices sent to Google were targeting competitors, with over a third targeting sites which weren't even in the U.S.

ThursdayPlagiarism Todayobservedthat "The problemswith Crook's DMCA notices are so numerousthat it is hard to know where to begin." Calling the mistakes"a sign of extremerecklessness,or malice," they arguethat Crook holds no claim to the image's copyright, and points out the existence of a well-known exemption for the "fair use" of copyrighted materials.

AN ETERNAL

WAR?

"In the end," they add, "it appearsthat Crook has donethe most damageto himself. The photographhe soughtto bury is now plasteredall over the Web, his name is now eternally connectedwith this matter and, perhapsworst of all, he's on the wrong end of an EFF lawsuit."

Crook has startedusing new wording in the ~ ~ he's beensending,now claiming he enjoys a "jurisdiction" over the photo, simply becausehe appearsin it. Significantly, in the earlier notice which first caught the EFF's attention,Crook had written: "I swear,under penaltyof perjury.. .that I am the copyright owner or am authorizedto act on behalf of the owner of an exclusivecopyright..." Crook now swearsonly that he is the copyright owner "in that the image,though belonging to anothersource,is of me, therebygiving me ccrtain

.

"

II

rights

~

copyright

http://Www.luzenmonkeys.com/2006/ll/U6/crook-mternet-club-roundup/

webzme)

(a

Monkeys

Len

IU

-

:rook's Internet Llub

(\

"Feel

~

one BoingBoing readerrcsJ)<)ndcd. "It's as though millions of photojournalistssuddenlybeganlaughing hysterically at once..."

that?"

video

("This

warning.

red-box

standard

its

displaying

again,

vidco

Ihc

rcmovcd

had

night

Saturday

by

but

-

footage

the

restored

apparently

A new fight has also erupted over the video footage where Crook's image originated. Thursday TailRank's Kevin Burton was surprised that YouTube had rcmo\cd a movic showing Crook's disastrous appearance on Fox News. Burton contacted a friend at YouTube who has been removed at the request of copyright owner Michael Crook because its content was used without permission.")

himself.

copy

another

hosted

and

-

online

elsewhere

found

he'd

footage

the

of

copy

another

to

linked

But the post-Google era may ultimately bring a new willingness to challenge any perceived mis-handling of copyright claims. Burton simply

Jerkoft"s

of

Company

also: the

In

See

Update: Tucker Max de-constructs Crook

it

digg

01"1'.)"

478

EFF vs. Crook

Vote Reddit StOry 1

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Im

1

~I~I~

Show some love and subscribe:

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Later

Hours

24 ~

Fallout:

Election

« Great Moments in the War Against DMCA

allowed.

not

currently

is Club"

Pinging

response.

a

Internet

leave

and

end

"Crook's Says:

to

the

to

skip

can

Jake

Responses

I.

November7th, 2006 at 12:45pm His website says that you stole that picture... Very interesting... Because I looked on his website, and the only picture I saw anywhere was the one he re-posted on his front page, tha he actually took from you..lol

Says:

~

He also seems to think that he holds the copyright to yearbok photos that were distributed publicly among his classmates... I was on the news once as a kid riding my bike in a flood... Those bastards need to pay me!!! 2.

WOW!

November7th. 2006 at 4:03 pm

too.

child

and

Now he claims he never had any kids nor has a wife. Well maybe the wife finally got smart and left his ass, but he must have forgotten the interviews he ha,d First with NHB where he mennions child and wife who divorced him (This would be the 15 year old he slept with from what HE said in the interview), and than Steve and DC (2nd interview where he also admits he'd get his as whooped bya Vet after they aksed him when he was going to fight the vet after offering to) show where he mentions wife( differant one)

5

You

Commentsfeed for this post: ~

3. !lil1 Says: November7th. 2006 at 9:34 pm