After I sent the cease and desist letter to Internet Archive, Molly Astrid-Bragg called me. She wanted to know if I was going to withdraw my demand for payment. She made no counteroffer to me. I refused to withdraw my demand. I never knew IA had taken copies of my web site. I never gave permission. My web site is registered with the U.S. Copyright office. I am a person of extremely moderate means. My sole asset in life is my intellectual property.

In January, I was sued by IA (Represented by Perkins Coie law firm) in U.S. District Court for the Northern District of California, in San Francisco (Case No. C 06-00397 EDL). Perkins Coie assigned 4 attorneys to this case. I am pro se.

I challenged personal jurisdiction, because I live in Colorado and I don't do business in California. The court permitted jurisdictional discovery and we reached a stipulation that the case would be transferred to Colorado (Case No. 06-CV-01726-LTB-CBS).

I also countersued for Copyright Infringement, Breach of Contract, Civil Theft and Racketeering. I named Brewster Kahle, Kathleen Burch, and Rick Prelinger (as the Board of Directors for IA) as 3rd party defendents for the Racketeering (RICO). I cite Wire Fraud and Criminal Copyright Infringement as some of the predicate acts under RICO.

We were in Court together for the first time yesterday on my motion to amend (Second Amended Answer, Counterclaim and Third Party Claim). My motion to amend was granted by the court. Kahle, Prelinger and Burch are now added as parties to this suit.

The Court advised us that this would get really ugly and take a long time, years to resolve. He forsaw massive motions practice before ever getting to trial. He strongly urged us to settle, repeatedly.

Mr. Kenneth Wilson, appearing as counsel for IA by telephone, stated we had attempted to settle before the suit was filed with no success. I didn't say anything, because the transcript of that sham attempt is already part of the court file and proves IA only attempted to BULLY me into waiving my legitmate copyright infringement claims.

But, unlike Mr. Wilson, I was in the courtroom. I saw the judge face to face. He wasn't talking to me about this need to settle. It's not going to get all that ugly for me, after all, I'm the victim. That's why I didn't dispute Mr. Wilson's bogus assertions.

As I said, I am pro se. Sure, there are lawyers willing to take this, but they demand $10, 000 retainers. They say I have an excellent claim and should prevail but discovery will be expensive, and I don't have $10, 000. As I said, I am a person of very modest means. But I am quite literate and smart enough to win my motions to get this case transferred to Colorado and to get Kahle, Prelinger, and Burch added to the suit. I'll just keep doing what I've been doing. Motions practice does not scare me.

The way I see it. . . with 4 attorneys, Perkins Coie is going to be racking up a massive amount of hours on this case. If they are pro bono. . .it's gonna eat them alive. If they are getting paid by IA, it's gonna cost IA bundles to fight this.

I am the example IA is going to make. I'm an easy target. I don't have the support of any guilds or lobbying groups. I am the little guy author of a web site who can't afford a lawyer. I look like easy fodder for the IA Wayback Machine to gobble up and spit out. I'm hoping it bit off more than it can chew. I'll stand up to that machine for as long as I'm able. . .it's all I can do.

Kahle believes he's entitled to everyone's intellectual property. He believes that copyright protections are too strict. I disagree. I think he has committed crimes in the way he acquires intellectual property, and he's hiding his illegal conduct behind the non-profit smoke and mirrors altruism of Internet Archive.

It boils down to this. . .Whose property is it? If Brewster Kahle is trying to prove that what I write and publish is not mine to exploit as I see fit, including my right to EXCLUDE anyone from access to it. . .yeah. . .it's going to get real ugly. Suzanne