darwinports.com legal action

Jeremy Huddleston jeremyhu at macports.org
Sun Mar 7 10:26:06 PST 2010


I am sick and tired of darwinports.com, and I am hereby notifying the MacPorts community of my intent to seek legal action against Mat Caughron.

I intend all these letters to be in my voice as an independent consumer in the state of California.  I am not seeking to bring MacPorts into this as a whole unless requested to do so.  BTW, what is the legal entity that represents MacPorts?  Is there a MacPorts Foundation?  If so, who is on the board?  If not, who is MacPorts?

I will draft letters with a lawyer (send me a private notice if you would like to be CC'd or review) to be sent to Mat, PowerLinux, and Google.

The letter to Mat will inform him that he is defrauding consumers and engaging in false advertising, unfair competition, violating our copyright, and violating our license agreement.   I could not find contact information for Mat, so I will send this via email until I have physical contact information.

The letter to PowerLinux is to inform them of their client's illegal use of their services and demand that they cancel their business agreement with Mat.  Lack of action on their part will make them complicit with Mat's actions.  Further, I will request contact information for Mat.

The letter to Google will request delisting of darwinports.com from their search engine due to their fraudulent activity.  It will stress that darwinports.com used unfair tactics to gain page ranking at a time before Google disallowed such practices and that darwinports.com uses Google to attract visitors and by not delisting their site, Google would be complicit with the fraudulent activities of darwinports.com.  This action will be less effective coming from me than the MacPorts Foundation (again, what is the legal entity representing MP?) as a whole.

If these actions are not successful, I will send notification to the California Attorney General's office and the FBI's Internet Crime Division requesting that the state and FBI take action against this individual for knowingly continuing their fraudulent activity.  This is really the last step that I can take as an individual.

So this email really serves to notify the community of my intent to take legal action in this matter, solicit reviewers for any letters before they are sent, request clarification about MP's legal status, and inquire whether I should proceed in this as an individual or in the name of MacPorts.


Thanks,
Jeremy
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