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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers -- Ignore unavailable to you. Want to Upgrade?

To: Ellen who wrote (660)	4/30/1999 10:57:00 AM
From: Josef Svejk	Read Replies (1) \| Respond to of 3795

Humbly report, Ellen, regarding: 55. Defendants entered into an agreement with Business Wire concerning the 56 distribution of their press release in which defendants promised that the factual content of the 57 press release was true and accurate. Unless there was some other agreement, then I don't follow the [reference deleted]'s assertion because this is what the membership agreement in fact requires: (From: about.businesswire.com The undersigned recognizes that Business Wire is a membership organization engaged in the business of data transmission. As a member of Business Wire, I (we) warrant that I am (we are) solely responsible for the accuracy, originality and factual content of all materials submitted to Business Wire for distribution. I (we) further warrant that the material provided to Business Wire does not infringe upon any copyright, trademark or other property rights of other persons. The undersigned will indemnify and hold harmless Business Wire and its officers, directors, employees and contractors from all damages arising out of the content of the material furnished. The undersigned will provide material for distribution by Business Wire in accordance with this agreement and hereby grants Business Wire the rights to reproduce, distribute, translate and create derivative works of the material. If this account becomes delinquent, I (we) acknowledge and agree that Business Wire may demand payment of the balance owed in full, with accrued interest and late charges. In the event of a default on the balance owed, I (we) agree to pay all costs of collection, including attorney1s fees and costs which are incurred by Business Wire or its agents. I (we) agree that all invoices are payable upon receipt. I (we) agree to pay according to these terms. My point is, that I don't see where the "defendants promised that the factual content of the press release was true and accurate." Cheers, Svejk proofsheet.com

To: Ellen who wrote (660)	4/30/1999 11:23:00 AM
From: Josef Svejk	Respond to of 3795

Humbly report, Ellen, just caught up on reading the thread, and humbly see things exactly the same way as wireless_wonk in #reply-9241810 : "The contract states that the member is solely responsible for the factual content. BW is here declaiming liability. Yet, in the complaint they state that as a condition of distribution material must be true and accurate. The phrase -- condition of distribution -- is not in the form cited and hence, unless there is other documentation, BW should not be able to claim breach of contract on the basis of a non-existent clause. These are two separate issues. They could have been inter-related, if BW's contract had so stated, but as far as we know from the material cited it does not." Why continue the discussion instead of waiting for the outcome, you asked? Well, where is the humble fun in that? Let's speculate, and see how close we get to what the actual outcome will be. Cheers, Svejk proofsheet.com