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To: Spamboy who wrote (3419)5/3/1999 1:58:00 PM
From: Henry Volquardsen  Respond to of 4128
 
***OT*** Kowboy,

with all due respect I disagree. Janice, Jeffrey and Bill did knowingly issue a press release about a company that did not exist. But the intent was to create a parody or satire. There was no intent or effort to gain monetarily from this release. It is my understanding that for fraud there needs to be an attempt to profit by the endeavor. There was no such effort so fraud is not proveable.

Also Business Wire's contention that their reputation was damaged, while perhaps true, is imo not actionable. The object of a parody or satire often has at least temporary damage done to its reputation yet parody and satire have been protected forms of free speech. It would only be actionable if it contained direct lies about BW. It did not contain such lies and in fact BW was not, at least originally, the object of the satire. It would also appear that the majority of the damage, if any, to BW has been subsequent to and possibly a result of their lawsuit. It can be readily argued that if BW had responded in the same fashion as Wired magazine the incident would have been quickly forgotten and no damage done.

Henry