Dear Moby Grape fan and/or MG website visitor: Please, may I beg your indulgence for a moment? So many friends and fans of the band, over the last 5 days, have made inquiries concerning the latest harassment directed towards the members of Moby Grape, by their former manager. These guys have struggled for over 30 years trying to regain what rightfully has always belonged to them -their music and their identity. Undermined by a deliberate abuse of process, the official Moby Grape website was shut down, as of 11 March, 1999, the result of which, now, directly affects the Moby Grape fans as well. Matthew Katz, filed a complaint and threatened legal action, claiming he still owns the name "Moby Grape" - despite the fact that in a matter decided by the SF Ninth District Circuit Court in 1995, the band won back their rights to their name and their songs. Nonetheless, Katz has succeeded,at least temporarily, by intimidating the isp Geocities administrators into compliance and shut down the site. Rather than face a legal battle with this man, the powers-that-be at Geocities just caved in and pulled the plug on the website - without any notice prior to shutting down the site, or informing the holders of the site address that a complaint had be filed, therefore they were denied a chance to respond to the complaint and keep the site. Katz's turpitude enables him to continually misrepresent his legal position, and he goes unchallenged, with total disregard that at issue in May, he is now the defendant, in a pending lawsuit filed by the Grape against Katz. Geocities duplicity is equally to blame at this point. Grape's fans are shocked and angered by this sudden ex parte which has not only usurped our first amendment rights, but also violates the very premise of the internet! We thought that others would like to know about this oppressive act this man has committed. Because so many people are asking what can be done to get the web site reinstated, I am sending this message to those on my email list. A show of support is requested by the sites's original webmaster, Scott, who was also threatened with legal action by Katz last year, (which forced him to turn the site over to another person for fear of a long and costly lawsuit) This is the first time that Katz has literally touched hundreds of fans himself, and now they can also emphasize with the Grape. Like any grassroots movement, this is our only way of being heard. Personally, I believe, enough is enough!! Its your choice. Make your voice heard. Thank you, Jo Johnson Scott's message is attached along with Ben, who administers the domain site for the owners, Moby Grape. ************************************************** Sent this off to geocities on Friday. To date I've received no response. My suggestion, apart from getting Glen involved, is to start a campaign directed at geocities advertisers, nothing will their attention more quickly, I suspect. > ---------- > From: BEN BURMA /6192 > Sent: Friday, March 12, 1999 12:08 PM > To: 'admin@geocities.com' > Subject: Site shutdown.... > > To whom it may concern: > > Sirs, you have shut down the Moby Grape website without contacting either > our webmaster or attorney. I can only assume that you took this action at > the behest of one Matthew Katz. Mr. Katz is the band's former manager and > is currently being sued by the band Moby Grape for, among other > allegations, fraud and conversion. (reference California Case No. 300175, > Lewis vs. Katz) > > To date, your actions have been most unprofessional. I have not, at this > point, added up what damages your rash action may have caused the band, > however, if you will reply to this letter to Ben Burma I will > supply you with the phone number of our attorney, Glendon Miskel of Miskel > & Johnson in S.F. Mr. Miskel will be happy to inform you about the legal > standing of the Moby Grape band vis-à-vis Mr. Katz. > > I would strongly advise you to reinstate this site immediately in order to > avoid any, potentially serious, consequences. > > Thank you for your prompt attention to this matter, > > Ben Burma ************************************************** From: "Sather, Scott" To: "'MobyGrape@onelist.com'" Date: Mon, 15 Mar 1999 15:26:42 -0700 Mailing-List: list MobyGrape@onelist.com; contact MobyGrape-owner@onelist.com Subject: [MobyGrape] MG web site From: "Sather, Scott" To everyone on the list: If you want to help get the MG web page reinstated, please contact the band's attorney, Glendon Miskel and urge him to contact GeoCities in order to get the band's page restored as it rightfully should be. Mr Miskel has been doing a great job handling all the recent legal issues for the band - winning every court case. There's no reason that Katz' claims to GeoCities can't be shown to be fraudulent. I know that this OneList only has about 60-70 members, but if MG webmaster Doug is on this list and is reading this, you might consider putting the word out to the 600+ Truly Fine Citizen readers. Scott ------------------------------------------------------------------------ Is ONElist important to you? Has it changed your life? http://www.onelist.com Come visit our new web site and share with us your stories ------------------------------------------------------------------------ Post messages to MobyGrape@onelist.com To unsubscribe, visit http://www.onelist.com Visit the official Moby Grape website: http://www.geocities.com/SunsetStrip/1256