X-Authentication-Warning: mail.rm-cpa.com: jam owned process doing -bs >Date: Tue, 11 Mar 2003 14:59:34 -0500 (EST) >From: jam@rm-cpa.com >To: Joseph Maffia >cc: jam@rm-cpa.com >Subject: Settlement, Tue Mar 11 06:04:41 EST 2003 (fwd) > > > >---------- Forwarded message ---------- >Date: Tue, 11 Mar 2003 06:05:53 -0500 (EST) >From: Jay Sulzberger >To: jam@rm-cpa.com, marco4linux@earthlink.net, MRICHARDSON@abc.state.ny.us >Cc: Jay Sulzberger >Subject: Settlement, Tue Mar 11 06:04:41 EST 2003 > > > This agreement is made between NYLXS, Inc., a New York State corporation, > Brett Wynkoop, and New Yorkers For Fair Use, Inc., A New York State > corporation on the > > ___________ day of ______________ 2003. > > This agreement is the complete and entire agreement between these three > parties. > > Should any section of this agreement become void for any reason all other > provisions remain in full force. > > > 1. The Board of NYLXS, Inc. thanks Brett Wynkoop for helping with > Net connectivity of NYLXS, Inc.. NYLXS, Inc. thanks Brett Wynkoop > for holding the nylxs.org domain on its behalf from 17 July 2002 > to the date of this agreement. > > > 2. As of the date of this agreement, NYLXS, Inc. holds the nylxs.org, > nylxs.com, and nylxs.net domains as its own proper second level domains. > > > 3. The Board of NYLXS, Inc. does not now and has never supported > any claims by officers or members of NYLXS, Inc. about past, > present, or future relations of New Yorkers For Fair Use, Inc. and > NYLXS, Inc., nor of the history or governance or work or persons > of New Yorkers For Fair Use, Inc. All officers of NYLXS, Inc. are > instructed never to make any personal statements about New Yorkers > For Fair Use, Inc. which could be misinterpreted as official > statements of NYLXS, Inc.. The Board of NYLXS, Inc. also asks all > officers and members of NYLXS, Inc. to avoid even personal > statements about New Yorkers For Fair Use, Inc. or Brett Wynkoop, > if such statements might be considered provocative. > > > 4. At present New Yorkers For Fair Use, Inc. and NYLXS, Inc. are > entirely separate organizations. The Board of New Yorkers For > Fair Use, Inc. states so. The Board of NYLXS, Inc. states so. > > > 5. NYLXS, Inc. will never act so as to induce confusion about the > complete separation of the organizations New Yorkers For Fair Use, > Inc. and NYLXS, Inc. New Yorkers For Fair Use, Inc. will never > act so as to induce confusion about the complete separation of the > organizations NYLXS, Inc. and New Yorkers For Fair Use, Inc. In > particular: > > > a. NYLXS, Inc. will not have any web site or pages that might be > confused with those of New Yorkers For Fair Use, Inc.. NYLXS, > Inc. will not use any domain name, hostname, mailing list or > email address which includes the phrase "fair use" in > combination with any of the terms "NY," "New York," "New > Yorker" or "New Yorkers," with or without punctuation or > variations in case. > > b. NYLXS, Inc. will not have any web site or pages that claim to > reference New Yorkers For Fair Use, Inc., unless such > references point at the official New Yorkers For Fair Use, > Inc. website, www.nyfairuse.org as of the date of this > agreement, or such other web site as New Yorkers For Fair > Use, Inc. might adopt as its official World Wide Web > presence. > > c. NYLXS, Inc. will not allow to be published on its web site, > or under its name or domain names or in its journals, > electronic or printed any material that could be interpreted > as NYLXS, Inc. being in control of New Yorkers For Fair Use, > Inc.. Any documentation and materials located on the > nylxs.com website which present NYLXS, Inc. as representing > New Yorkers for Fair Use or any organization under a name > which includes the phrase "fair use" in combination with any > of the terms "NY," "New York," "New Yorker" or "New Yorkers," > with or without punctuation or variations in case, will have > such references removed. Any documentation or materials > which are not historical accounts of actions of New Yorkers > for Fair Use, and which cannot have references to New Yorkers > for Fair Use removed, will be removed from the NYLXS, > Inc. .com web site. If any other domain becomes the official > web site of NYLXS, Inc., all conditions and terms > contained within this settlement regarding NYLXS.com > will apply to that new domain name. > > d. NYLXS, Inc. will not conduct any meetings, advocacy, > organizing, fund raising, agenda setting, or any other > business in such a way as to present themselves as > representing New Yorkers for Fair Use or any > organization under a name which includes the phrase > "fair use" in combination with any of the terms "NY," > "New York," "New Yorker" or "New Yorkers," with or > without punctuation or variations in case. NYLXS, > Inc. will not make announcements in the name of New > Yorkers for Fair Use, or any organization under a name > which includes the phrase "fair use" in combination > with any of the terms "NY," "New York," "New Yorker" or > "New Yorkers," with or without punctuation or > variations in case, and will not post information or > anything else while representing the information as > coming from any such organization. > > e. NYLXS, Inc. will not allow to be published on its web site, > or under its name or domain names or in its journals, > electronic or printed, any material that could be interpreted > as malicious, slanderous, libelous, or provocative towards > either New Yorkers For Fair Use, Inc. or Brett Wynkoop. > > > Note that this list of things that will be avoided is not > complete, and no finite list could be complete. NYLXS, Inc. and > New Yorkers For Fair Use, Inc. will both work to prevent confusion > about the relationship between New Yorkers For Fair Use, Inc. and > NYLXS, Inc., which relation is the relation of complete > separation. > > > 6. The Board of NYLXS, Inc. agrees to send this statement to any > person who asks about the relation between NYLXS, Inc. and New > Yorkers For Fair Use, Inc. The Board of New Yorkers For Fair Use, > Inc. agrees to send this statement to any person who asks about > the relation between New Yorkers For Fair Use, Inc. and NYLXS, > Inc. In both cases this statement, unaltered and without > addition, will be the entire response.