From_: bthomas@mindspring.com >
To: <goawaypaul@hotmail.com>
Subject: Anti-Finebaum webpage
Date: Mon, 8 Mar 1999 22:47:04 -0600

Are you the individual who posted this internet page?

==================================================

 

From: <goawaypaul@hotmail.com>,
To: Bill Thomas <billthomas@usa.net>
Sent: Tuesday, March 09, 1999 5:11 AM
Subject: Re: Anti-Finebaum webpage
>At 10:47 PM 3/8/99 -0600, you wrote:
>Are you the individual who posted this internet page?

>

>

yes.

==================================================

 

From: "Bill Thomas" <bthomas@mindspring.com>
<goawaypaul@hotmail.com>,
Subject: Re: Anti-Finebaum webpage
Date: Tue, 9 Mar 1999 06:58:37 -0600

Do you have a mailing address where I can reach you?

========================================================

 

From: "Bill Thomas" <bthomas@mindspring.com>
To: <goawaypaul@hotmail.com>,
Subject: Re: Anti-Finebaum webpage
Date: Tue, 9 Mar 1999 13:27:10 -0600

>Do you have a mailing address where I can reach you?


 

Just wondering....what's this in regard to and why won't Email suffice?

===============================================================

 

From: "Bill Thomas" <bthomas@mindspring.com>
To: <goawaypaul@hotmail.com>,
Subject: Re: Anti-Finebaum webpage
Date: Tue, 9 Mar 1999 13:27:10 -0600

If you are willing to post a page like this, I would think that
you would be willing to stand behind it and fully reveal your
identity and other ways to be reached.

There are legal implications to your posting of a page
designed to harm or defame a business and our company would
like to be able to reach you by mail to inform you of those
facts, and allow you to respond
appropriately.

I am assuming that you are not aware of your legal responsibility
for the posting of this page.

======================================================

 

-----Original Message-----
From: Scott Otts <scottotts@email.msn.com>
To: billthomas@usa.net <billthomas@usa.net>
Date: Tuesday, March 09, 1999 6:32 PM
Subject: Re: Finebaum page

Would you please answer the following:

1) Are you a lawyer?
2) What company do you work for or represent that is listed on the Finebaum page
3) If your company is listed on the web-site please advise as to whether or not it has in the past or at the present time advertises on
Mr. Finebaum's radio program.
3) Please identify any legal implications of posting a list of
advertisers to Mr. Finebaum's radio program (make sure sight case law or code sections)

If there are any mistakes on the page I will be more than happy to see that they are corrected. We certainly wouldn't want to mistakenly list a business that does not advertise on Mr. Finebaum's program. The list has been provided by a number of people and it is quite possible for a mistake to occur. If that be the case we will publish an apology and retraction.

I will be more than happy to provide you with my name, mailing address and telephone number after you email me with the requested information.

>Sincerely,
>Scott Otts

==================================================

 

 

From: Thomas, Bill <billthomas@capstarbroadcasting.com>
To: 'Scott Otts' <scottotts@email.msn.com>
Date: Wednesday, March 10, 1999 8:34 AM
Subject: RE: Finebaum page

> Would you please answer the following:
>
> 1) Are you a lawyer?

>

No

 

> 2) What company do you work for or represent that is listed on
> the Finebaum page

Southern Star Communications, Inc. (the owners of WERC)

> 3) If your company is listed on the web-site please advise as
> to whether or not it has in the past or at the present time
> advertises on Mr. Finebaum's radio program.

>

See #2

> 3) Please identify any legal implications of posting a list of
> advertisers to Mr. Finebaum's radio program (make sure sight > case law or code sections)

>

We'd prefer to have our attorneys contact you and or your legal representative rather than address via e-mail. That is why I need your mailing address.

> If there are any mistakes on the page I will be more than happy > to see that they are corrected. We certainly wouldn't want to
> mistakenly list a business that does not advertise on Mr.
> Finebaum's program. The list has been provided by a number of > people and it is quite possible for a mistake to occur. If > that be the case we will publish an apology and retraction.

>

I would recommend that you seek legal advice on the > ramifications of posting such a website designed to > interfere with a business. You may have more liability > than you realize. We have no problems with you "not being > a fan of the Finebaum show" and you can post as many > pages as you'd like taking issue with Paul's comments. > I suspect that you are not aware of the legal protection > and damages we can seek in this area, so we'd like to > give you an opportunity to resolve this matter before > proceeding further.

> I will be more than happy to provide you with my name, > mailing address and telephone number after you email me > with the requested information.

>

I will look forward to receiving that information by return e-mail.

> Sincerely,
> Scott Otts

>

=========================================================

 

From: Scott Otts <scottotts@email.msn.com>
To: Thomas, Bill <billthomas@capstarbroadcasting.com>
Date: Wednesday, March 10, 1999 12:34 PM
Subject: Re: Finebaum page

I am at present unaware of any legal implications of posting a list of Mr. Finebaum's advertisers and commentary about his conduct towards the University of Alabama as well as other institutions and programs in this state. I will check into the legal implications today, and make any necessary modifications

My mailing address at work is:

ScottOtts
2117 River Road
Tuscaloosa, AL 35401

===============================================

 

 

-----Original Message-----
From: Scott Otts <scottotts@email.msn.com>
To: billthomas@capstarbroadcasting.com
Date: Wednesday, March 10, 1999 7:08 PM
Subject: Re: Finebaum page

As of this P.M. I am still unaware of any legal implications regarding my web site. I still await a reply from you or your legal representative.

Scott Otts

==============================================

 

-----Original Message-----
From: Scott Otts <scottotts@email.msn.com>
To: Thomas, Bill <billthomas@capstarbroadcasting.com>
Date: Saturday, March 20, 1999 10:25 AM
Subject: Re: Finebaum page

Mr. Thomas,

On Wednesday, March 10, 1999, in regards to my website listing the sponsors of the Paul Finebaum radio show you wrote...

>>I would recommend that you seek legal advice on the
> ramifications of posting such a website designed to
> interfere with a business. You may have more liability
> than you realize. We have no problems with you "not being
> a fan of the Finebaum show" and you can post as many pages > as you'd like taking issue with Paul's
> comments. I suspect that you are not aware of the legal
> protection and damages we can seek in this area, so
> we'd like to give you an opportunity to resolve this
>matter before proceeding further.

With all due respect, I provided you with my name and
mailing address over a week ago and neither you nor your
attorneys have contacted me to advise me of the "legal
protection and damages [you] can seek in this area".

I've have been very busy or I would have followed up
on this sooner. After making such a threat I would have
thought that you and your company at least owed me the
courtesy of the reply. I should have known better.

Since your in the habit of "advising" others in regards
to legal implications let me return the favor.

1. Attempting to strong-arm me will not work. The
website listing Mr. Finebaum's sponsors will not be
removed. Furthermore, by the end of this weekend I will
have created an additional web-site which will
publish the threats of legal action. (There will of
course be additional content which I'm sure you will find
objectionable, as if I care.) I will provide you with the
link when it is up and running.

2. I have no liability for the web-site listing Paul
Finebaum's sponsors. (I knew this when you wrote your
first threatening e-mail and I imagine at this point
you do also)

3. Originally, my only problem with your little
two watt radio station (WERC) was Mr. Finebaum and his
radio program. At this point, I have lost all respect
for the entire Capstarbroadcasting Organization.

Read the web-page for additional commentary.

Without best regards,

Scott Otts

p.s. Apparently the capstarbroadcasting web-site is down. Too bad. I was planning to send this email to the folks at corporate headquarters.