Team of Destiny ® suit against Internet Critic 1:04CV0165

IN THE UTNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TEAM OF DESTINY, INC,

Plaintiff,

Case No 1:04CV0165
Honorable Richard Alan Enslen
U.S. District Judge

SCOTT A. LARSEN,

Defendant.

Thomas A. Kuiper (P47285)
WHEELER UPHAM, P.C.
Attorneys for Plaintiff
40 Pearl St.,
Grand Rapids, Michigan 49503
(616) 459-7100

COMPLAINT

Plaintiff Team of Destiny, Inc. ("TOD") states for its complaint against Defendant Scott A. Larsen as follows:

JURISDICTION AND VENUE

Plaintiff TOD is a Michigan business in good standing with its principal place of business at 8250 Embury Road, Grand Blanc, Michigan 48439,

Defendant Scott A. Larsen is an individual who is a resident of South Carolina and whose last known address was, upon information and belief, Robert Bosch GmbH Werk Ost (Plant HoWl East) Berliner StraBe 135 Homburg, Saarland, Germany 66424,

This Court has subject matter jurisdiction of this action pursuant to 28 USC §§1331, 1338 and18 USC §1343(4) because this action arises under the Federal law of the copyright Act and the Wire and Electronic Communications and Interception of Oral Communications Act.

Defendant is subject to personal jurisdiction in this state because his wrongful activities have caused consequences to occur in Michigan, Defendant has intentionally directed his activities at this state and caused an effect to occur in this state, Defendant has placed several telephone calls to Plaintiff's counsel in this state, and Defendant has corresponded with Plaintiff's counsel in this state. Defendant has also, upon information and belief, filed complaints with the Michigan Attorney General and has solicited others to file complaints with the Michigan Attorney General arid Michigan Better Business Bureau. Defendant has also solicited persons formerly affiliated with Plaintiff to contact him. In addition, upon information and belief, Defendant has placed numerous phone calls to and corresponded with representatives of Quixtar, Inc. in Ada, Michigan.

Venue is proper in this District pursuant to 28 USC §1391, 1400 because defendant has published and disseminated his website and internet message board in this District, has directed numerous e-mail correspondence and phone calls within this District, the effects of these activities have been felt in this District, a substantial part of the events giving rise to the claim occurred within this District, and Defendant may be found in this District.

GENERAL ALLEGATIONS

TOD is a successful Michigan business dedicated to the sale of consumer products through Quixtar, Inc. and offered through www.quixtar.com ⁰

TOD also has three secondary businesses, which are education, events, and speaking.⁰

The name "Team of Destiny," and the combination of its name¹ and logo are registered trademark, and service marks (Exhibit A).

In order to assist the, thousands of individuals affiliated with TOD, it maintains a website at www.teamofdestiny.com (Exhibit B).

TOD's website has two distinct levels of accessability and information - - one for guests and one for its paying, affiliate members.

TOD's affiliate-only website contains business information, business tools and merchandise, and information unique to TOD and its affiliates that is not available to those outside of the TOD organization.

Since 2003, TOD's website has contained the following conspicuous warning on the bottom of each page of its website: "Copyright 2003 Team of Destiny. All rights reserved. Unauthorized use and/or reproduction is strictly prohibited" (Exhibit B).

TOD's website is a registered copyright with the US Copyright office (Registration; Exhibit C).¹⁹

TOD's website contains TOD's trademark and service marks, as well as its copyrighted photographs, tapes, proprietary literary works, and business information and material used by TOD and its paying affiliates.

Defendant Scott Larsen maintains and operates, and has maintained and operated, numerous websites that are devoted solely to disparaging Quixtar and Independent Business Owners like TOD.

Mr. Larsen has previously been sued by at least one other Quixtar Independent Business owner, Mr. Joe Diamond ², based on Mr. Larsen's website that attacked Joe Diamond ² and his business (U-S. District Court for the District of S.C., Charleston Div., Case No. 2.02-2161-12)

Mr. Larsen established a website specific to TOD, entitled "Wily Team of Destiny is an Illegal Pyramid" (Exhibit D).

Mr. Larsen operated his website through a web host, 50 Megs, at the web address www.amquix.50megs.com/tod_illegal.html

Mr. Larsen utilized search engine terms or used metatags with search engines such as Yahoo or Google so that an intemet user who searched for information on TOD or Orrin Woodward, its president, would receive a search result page that displayed "TOD An Illegal Business" as the first search result. This search result directed the intemet user to Defendant's website, "Why Team of Destiny is an Illegal Pyramid." ³

TOD has never been found or determined to be an illegal business.⁴

TOD has never been found or determined to be an illegal pyramid in violation of Federal or state law.⁴

Mr. Larsen's website contained numerous quotes, articles, pictures, logos, a chart, audio clips, and information taken directly from TOD's password protected, copyrighted website and tapes.

Mr. Larsen's website concluded by challenging plaintiff to sue him stating: "To the leaders of Team of Destiny: Instead of writing 'Dear Mommy' letters on your website, it might behoove you to find some good attorneys. You will need them very soon." (Exhibit CC at 4).⁵

Mr. Larsen wrote a fictitious letter from plaintiffs president, Orrin Woodward, to his fictitious dad, PT. Bamum, wherein he called Team of Destiny an illegal business and a sham, and referred to Orrin Woodward's wife, Laurie, as a pig. (Exhibit DD).⁶

In November 2003, TOD requested that 50 Megs, Defendant's web host, remove Defendant's website because it violated TOD's copyright and trademark rights, it violated state law, and violated 50 Megs' Acceptable Use Policy.⁷

In November 2003, 50 Megs removed Defendant's website "Why Team of Destiny is an Illegal Pyramid' from its web hosting services.

Within a matter of days, Defendant located a new web host and began operating his same website at www.amquix.info/tod_illegal.html

Defendant publicized his new website location to other website operators with the request that the new site be passed on over the internet:

My site is back up under the URL "Amquix.info" instead of "amquix.50megs.com..." Any help discussion board members could give in passing the new domain (www.amquix.info) onto websites linking to the old (www.amquix.50megs.com) domain would be appreciated. The sooner the sites linked to the old domain update to the new domain, the sooner the Amquix site will retain its number two position in the Google and Yahoo search engines. I will be traveling a lot in the new few weeks and I will not have a lot of time to e-mail all the other sites who have links to the amquix.50Megs.com domain. [Exhibit E]

Defendant linked his website "Why Team of Destiny is an Illegal Pyramid," with numerous other websites, including Quixtar Blog, MLM WhateverBlog, MLMBlog, MLM KnowHow Forums, NfLMSurvivor.com, Amway-Alticor-Quixtar sucks, and another of Defendant's websites, www.amquix.info/amway.html (Exhibit F).⁸

Defendant's website at www.amquix.info/amway.html contains the link heading: "Team of Destiny - an illegal pyramid? - see the Michigan AG's definition" (Id.), which links directly to his website concerning Plaintiff.

Defendant has actively sought help through other websites in obtaining information concerning TOD in order to assemble a complaint with Michigan's Attorney General (Exhibits G, R).

On December 12,2003,Defendant delivered an unsolicited correspondence to TOD's counsel concerning his website (Exhibit H).⁹

In his correspondence, Defendant stated that he would recognize TOD's trademark rights¹⁷, alter certain copyright protected information, and change the title of his website to "Is Team of Destiny a Pyramid Scheme? Compare for Yourself (Id,).

On December 17, 2003 and December 18, 2003, Defendant placed two unsolicited phone calls to TOD's counsel and left two voice mails.

On December 19,2003, TOD's counsel corresponded with Defendant to inform him that defendant's minimal changes to his website did not satisfy the requirements of the law (Exhibit I).

On December 24,2003, Defendant corresponded with TOD's counsel to state, among other things:

It is well within my first amendment rights to express my opinion why I believe the TOD Quixtar business practices and the TOD BSM tools businesses to be pyramid schemes... I am no longer intimidated by threats of a suit as I know the law and know I would prevail. I will work with you and your client in any way possible to prevent misunderstanding, as I have above, but I will be exercising my free speech rights and keeping the pages active. [Exhibit J]

On January 12, 2004, Defendant corresponded with TOD's counsel to state that he believed he had removed all material from his website that plaintiff might consider to be a copyright violation (Exhibit K).

On January 14, 2004, TOD's counsel informed Defendant that his website "still violates copyright and other laws in numerous respects" (Exhibit L).¹²

On or about January 12, 2004, TOD learned that, unbeknownst to it, Defendant had attended a December 23, 2003 TOD "open" meeting and had secretly taped the presentation as well as his questions to and answers from TOD's speaker following the meeting.

Defendant did not sign the sign-in list for the meeting or, if he did, he used a different name.

Defendant placed his secret audio recording on his website (Exhibit M) with a link to a separate web page (Exhibit N).

Defendant also placed a link to the new web page on his website at www.amquix.info/amway.html

Defendant had previously secretly recorded an open meeting presented by another Quixtar IBO, Joe Diamond and had published audio portions of that meeting on his website concerning Mr. Joe Diamond², prior to Mr. Joe Diamond²'s lawsuit against Defendant and the resulting removal of that website (Exhibit O).²

On January 19, 2004, Defendant corresponded with TOD's counsel to state that he would not remove any content from his websites and would not remove the surreptitiously recorded TOD meeting (Exhibit P).

On February 18, 2004, Defendant posted a request with Quixtar Blog seeking information from former-or prospective TOD IBOs to use against TOD (Exhibit Y), and added this link to his websites (Id.).¹⁰

Defendant continues to add additional content to his websites concerning Plaintiff, including posting TOD's attorneys letters to him on his website (Exhibit Z).

COUNT 1 - COPYRIGHT INFRINGEMENT (17 USC §101, et. seq.)¹³

Plaintiff incorporates paragraphs 6 through 46 herein.

Plaintiff holds a copyright in its website that grants it the exclusive right to reproduce, publish, display, and distribute materials on the website at www.teamofdestiny.com

Plaintiff's website has and does contain a conspicuous notice of Copyright (Exhibits B, C).

Defendant has infringed on Plaintiff's copyright and, through his websites at and reproduced and distributed copies of Plaintiff's copyrighted materials, photographs, charts, tapes, and information in violation of Plaintiff's exclusive rights under the Copyright Act (Exhibits D, F, Q, R) ¹¹

Defendant's website "Why Team of Destiny is an Illegal Pyramid' violated Plaintiff's copyright rights in at least the following ways:

Defendant's website included a direct quote from Terry Brady taken from Plaintiffs website and a taped presentation by her (Exhibit D at 1-2);
Defendant's website included nine separate in-line links to articles from TOD that Plaintiff published on its website (Id. at 2),
Defendant's website included a portion from a copyrighted speech by Plaintiff's representative Tim Marks (Id.);
Defendant's website included a portion of and an audio clip¹³ from a copyrighted speech by Plaintiff's representative Jeff Granger (Id.);
Defendant's website included content from a TOD seminar on November 9, 2002, which Plaintiff produced in the "Speaker Highlights" section of its website (Id. at 3);
Defendant reprinted a direct quote from Plaintiff's website (Id.),
Defendant included an audio¹³ presentation of a copyrighted speech by Plaintiff's Don Freeze (Id.);
Defendant included a portion of and an audio¹³ clip from a copyrighted speech by Plaintiff's representative Orrin Woodward (Id.),
Defendant included a portion of and an audio¹³ clip from a copyrighted speech by Plaintiff's representative Don Freeze (Id. 3-4);
Defendant included a portion of an audio¹³ clip from a copyrighted speech by Plaintiff's representative Orrin Woodward (Id. at 4);
Defendant included a portion of and an audio¹³ clip from a copyrighted speech by Plaiiitiff's representative Chris Brady (Id.);

Defendant included a portion of and an audio¹³ clip from a copyrighted speech by Plaintiff's representative Bill Lewis (Id.);
Defendant included a portion of and an audio¹³ clip from a copyrighted speech by Plaintiff's representative Matt Abraham (Id.);
Defendant's website included a chart taken directly from Plaintiff's website under its section entitled, "How the Money Works," a fact which Defendant admitted, stating: "The image above comes [from] the Team of Destiny website (Id. at 5);
Defendant included a portion of and audio¹³ clip from a copyrighted speech by Plaintiff's representative Orrin Woodward (Id.);
Defendant included a portion of and audio¹³ clip from a copyrighted speech by Plaintiff's representative Don Freeze (Id.);
Defendant included a portion of and audio¹³ clip from a copyrighted speech by Plaintiff's representative Bill Lewis (Id.);
Defendant included a portion of a copyrighted speech by Plaintiff's representative Orrin Woodward (Id); 20
Defendant inquired a portion of and audio¹³ clip from a copyrighted speech by Plaintiff's representative Chris Brady (Id. at 6);
Defendant included a list of individuals in the TOD line of sponsorship, which he took from the "Leadership Hall of Fame" section of Plaintiff's website (Id. at 6-7).

Defendant's website "Is Team of Destiny a Pyramid Scheme? Compare for Yourself" 'violated Plaintiff's copyright rights in at least the following ways:

Defendant's website included the links to nine articles contained in Plaintiff's website (Exhibit M at 2);
Defendant's website contains portions of and references to Plaintiff's copyrighted tapes (Id. at 3);
Defendant's website included a portion of a speech by Plaintiff's representative, Bill Lewis, on November 9, 2002, which Defendant removed from Plaintiff's website (Id. at 3)

Defendant's website included a direct quote, which Defendant admitted to be taken from Plaintiff's website (Id.);
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Don Freeze (Id. at 4);
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Orrin Woodard (Id, at 5);
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Orrin Woodward (Id.);
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Don Freeze (Id-);
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Orrin Woodward (Id.);
Defendant's website included a portion of a copyrighted presentation by Plaintiffs representative Chris Bradv (Id.);
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Bill Lewis (Id.),
Defendant's website included a portion of a copyrighted presentation by Plaintiff's representative Matt Abraham (Id.);
Defendant's website included a chart that, according to Defendant, showed Plaintiff's BSM business to be an illegal pyramid, which it does not, and which chart Defendant reprinted from Plaintiff's website (Id. at 6);
Defendant's website included an audio¹³ clip from a copyright protected speech by Plaintiff's representative, Orrin Woodward (Id. at 7-8);
Defendant's website included portions from two presentations by Plaintiff's representative, Don Freeze (Id. at 8);
Defendant's website included a portion from a presentation by Plaintiff's representative, Chris Brady (Id);
Defendant's website included a list of individuals in the TOD line of sponsorship, which he took from the "Leadership Hall of Fame" section of Plaintiff's website (Id. at 8-10).

Defendant's current version of his website at contains the violations set forth in subparagraph B. above, plus the additional copyright violations:

Defendant's website includes portions of nine separate articles from various leaders within the TOD organization, which articles Plaintiff publishes on its website (Exhibit X at 2);
Defendant placed these nine articles on his website after agreeing to remove them from a prior version of his website;
Defendant included in his website nine audio¹³ recordings of Plaintiff's representatives speaking on copyrighted tapes (Id at 3);
Defendant included in his website an audio¹³ recording of Plaintiff's representative Don Freeze (Id. at 4-5);
Defendant included in his website nine new audio¹³ recordings of Plaintiff's representatives speaking on behalf of Plaintiff (Id. at 5-6);
Defendant's website includes a chart taken from Plaintiff's website (Id. at 6);
Defendant's website included seven new audio¹³ recordings of Plaintiff's representatives speaking on behalf of Plaintiff (Id. at 8);
Defendant's website included a list of individuals in the TOD line of sponsorship, which he took from the "Leadership Hall of Fame" section of Plaintiff's website (Id. at 9-1 1).

Defendant has reproduced and distributed copies of Plaintiff's copyrighted material, photographs, charts, tapes¹³, and information through his website at by providing a direct link to his websites identified above under the heading: "Team of Destiny - an Illegal Pyramid' (Exhibit F).

Defendant has violated TOD's copyright rights and the Copyright Act through his website at www.amquix.info/quixtar_tod_complaint.html wherein he asks readers to submit "your complaint online to the Michigan Attorney General. . ." and contains a direct link to his website related solely to Plaintiff (Exhibit R).

Defendant has violated Plaintiff's copyright rights and the Copyright Act by linking his website concerning TOD with other websites critical of TOD and Quixtar (Exhibit S).

Defendant has unlawfully utilized Plaintiff's copyrighted tapes¹³ and reprinted portions on his websites, despite the copyright warning contained on such tapes (See, e.g., Exhibit T).

On December 23, 2003, Defendant tape recorded a TOD meeting led by Plaintiff's representative.

Plaintiff has copyright rights in its expression of ideas and thoughts, and its use of copyrighted material, at such oral presentation.¹⁴

Defendant tape recorded Plaintiff's meeting¹⁴ and reproduced, both in writing and in audio¹³ clips, selected portions of Plaintiff's meeting on his websites at www.amquix.info_tod_illegal.html and its link to a separate website entitled: "Teani of Destiny Open Meeting" (Exhibits M, N), in violation of Plaintiff's copyright rights and the Copyright Act.

Defendant's intentional and willful violations of Plaintiff's copyright rights are not protected by a fair use defense under the Copyright Act.

Defendant's purpose, at least in part, is based on commercially harming plaintiff and commercially benefiting a commercial competitor of Plaintiff's, Bo Short and Passport, in the MLM industry with whom Defendant has an alliance.¹⁵

Defendant has posted links to Bo Short and Passport's websites on his websites critical of Plaintiff and Quixtar and has posted links on his websites directing the reader to articles by Bo Short/Passport that are critical of Plaintiff (e.g., Defendant's website regarding Plaintiff contains a link to "Bo Short's rebuttal to Oriin's complementary business"; Defendant's Quixtar Amway Business Analysis website links to "Resigned Diamond Bo Short, former Diamond.com's website"; see also Exhibit E, a Passport website that derides TOD and associates with Defendant; See also Exhibit F).¹⁵

Plaintiff has suffered and will continue to suffer irreparable harm from Defendant's infringement of Plaintiff's copyright rights.

Plaintiff has sustained and will continue to sustain damages, including attomeys' fees and costs, as a result of Defendant's intentional and willful infringement of Plaintiff's copyright rights.

WHEREFORE, Plaintiff requests that this Court grant it the following relief:

Preliminary and permanent injunctive relief restraining Defendant and all who act in conjunction with him from violating Plaintiff's copyright rights as described herein and in the exhibits attached to this complaint, including the immediate and permanent removal of Defendant's websites related to TOD pursuant to 17 USC §502;

Statutory damages pursuant to 17 USC §504;

Attorneys' fee-, and full costs pursuant to 17 USC §505; and

Any other relief that this Court determines is fair and equitable.

COUNT II - VIOLATION OF 18 USC §2511¹⁶

TOD incorporates paragraphs 6 through 62 herein.

On December 23, 2003, Defendant attended an open meeting hosted by Plaintiff in Ft. Wayne, Indiana.

TOD did not know that Defendant attended its meeting.

The December 23, 2003 meeting was not open to the general public.

Defendant did not sign the sign-in list for the meeting or, if he did, he used a different name.

TOD's agent and representative, Harvey Ostrander, spoke at the meeting on behalf of TOD.

Defendant intentionally recorded Mr. Ostrander's oral presentation on December 23, 2003.

TOD's agent, Harvey Ostrander, did not know that Defendant recorded his presentation and he did not believe or expect that anyone would record his oral presentation or the questions and answers posed to him informally after his presentation (Affidavit of H. Ostrander; Exhibit U).¹⁶

After Mr. Ostrander finished his presentation, Defendant recorded various questions he asked of Mr. Ostrander and Mr. Ostrander's responses.

Within a matter of days, Defendant assembled a new website entitled, "A Team of Destiny Open Meeting" at www.ammquix.info/tod.html (Exhibit N).

Defendant's four page website included narrative on Mr. Ostrander's presentation and six audio clip recordings from Defendant's secret recording of the meeting (Id.).

Defendant's website also included an audio clip of his recorded questions to Mr. Ostrander and Mr. Ostrander's answers to the questions (Id.).

Defendant linked his web page "A Team of destiny Open Meeting" to his main web page (Exhibit M), and to at least one other of his websites (Exhibit X).

Upon information and belief, Defendant informed other websites about his recording and publication of TOD's meeting (See, e.g., Exhibit U; 1/15/04 entry).

Upon information and belief, Defendant also provided information to Quixtar Blog on how to tape record the conversation of others (Id.).¹⁸

Defendant's recording and disclosure of TOD's December 23,2003 meeting violates I 8 USC §251 1 (1)(a), (b), (c), and (d).

Defendant did not act under color of law when he intercepted and disclosed Plaintiff's oral communication on December 23, 2003.¹⁶

Defendant intercepted and disclosed Plaintiff's oral communication for the purpose of committing a tortious act toward Plaintiff, including, but not necessarily limited to, tortiously interfering with Plaintiff's contract or advantageous business relationship or expectancies, defaming Plaintiff, and/or placing Plaintiff in a false light.¹⁶

Plaintiff is entitled to relief against Defendant pursuant to 18 USC §2520.

WHEREFORE, Plaintiff requests that the Court grant it the following relief.

Preliminary and permanent injunctive relief enjoining Defendant from disclosing any portion of any recording regarding TOD to any person (§2520(b)(1));

Money damages of the greater Of $100.00 per day for each day of violation or $10,000.00 for the unlawful recording and disclosure, pursuant to §2520(b)(2), (c)(2)(B);

Punitive damages pursuant to §2520(b)(2); and

Attorneys' fees and all other litigation costs reasonably incurred by Plaintiff, pursuant to §2520(b)(3)

Dated: March 15, 2004

WHEELER UPHAM, P.C.
Attorneys for Plaintiff

Thomas Kuiper (PA7285)

Additional information
^{0 TOD receives no profits or revenue from the Quixtar Corporation. TOD is not an IBO (Independent Business Owner) with Quixtar Corporation.
^{1 TOD is registered trademark of Broadbus Technologies Inc. and stands for "Television On Demand"
^{2 Due to Mr. Joe Diamond's public embarrassment from his misrepresentations being posted on the Defendant's website, like in this case, Mr. Diamond also filed a SLAPP suit to have the embarrassing material removed from the internet. In Mr. Diamond's suit, Mr. Larsen was never served and the case was dismissed with prejudice on the agreement that Mr. Larsen remove various names and terms associated with Mr. Diamond, however the core issues of Mr. Diamonds presentations are still posted at www.amquix.info/diamond_open.html. Mr. Diamond was censured by Quixtar (a form of reprimand) for the gross misrepresentations Mr. Larsen found in Mr. Diamonds open meeting. Mr. Diamond and TOD have an alliance as well and had linked each other's websites even though they are each competing suppliers of motivational supplies to Quixtar IBOs.
^{3 The Google search engine spidered Mr. Larsen's website and included the TOD page in its index. Since there were few other sites that would meet the terms of the search, Mr. Larsen's page was displayed as a "hit". The Google search engine will display a webpage's "Title Metatag". In this case the title of Mr. Larsen's page was "Why Team of Destiny is an Illegal Pyramid." The Google search engine indexes little off of Metatags and more off the content of the page to avoid manipulation of the search engine rankings. TOD has since created numerous websites using the same terms to increase the number of alternative hits for the search terms.
^{4 There has never been an in depth Attorney General or FTC investigation of TOD either.
^{5 The page which contained this "quotation" was the page for the Attorney General's complaint. It was not written as a legal challenge to sue the Defendant but rather if the Attorney Generals' followed up on the complaint, then TOD would need solid legal counsel. The page was posted long before the defendant knew TOD had retained legal counsel for their SLAPP suit..
^{6 Mr. Larsen wrote an equally scathing satirical response to TOD's satirical "Dearest Mommy" letter about TOD critics. The fictitious person, Orrin Barnun, son PT. Bamum, ran a scam called "Team of Deception" within Quixscam, all fictional entities. At no point was it said that "Laurie Barnum or Woodward was a pig". TOD's satirical letter was published on their website and on the MLM Know How Forums board. TOD neglected in insert their original satire in the court exhibit. The Defendant deleted his original post over 5 months before the suit was file. A TOD member however copied the post and left it on the bulletin board.
^{7 Mr. Larsen was not first contacted by TOD about any issue TOD had about his website. Additionally, 50 Megs would not send him copies of the complaints or even identify the identity of those who filed a complaint for violation of their terms of use.
^{8 Other website owners link to the Defendant's webpage at their own discretion. The defendant can not program others' websites to link to his.
^{9 This was only reasonable since TOD made no attempts to contact the Defendant about their issues with the Defendant's site It was obvious from the TOD harassment of the Defendant's web hosts and employer by the TOD attorney, Mr. Kuiper, that it was about time to find out what their complaints were. TOD's sole intention is to remove criticism of their business from the Internet.
^{10 Since TOD was threatening a suit that possibly involved claims of defamation, the Defendant needed to accumulate overwhelming evidence that his pyramiding claims against the Plaintiffs were well substantiated.
^{11 Plaintiffs refuse to acknowledge Defendant's Fair Use privileges under the Copyright Law.
^{12 On January 14, 2004, TOD's counsel informed Defendant that his website "still violates copyright and other laws in numerous respects" (Exhibit L). TOD counsel insisted that all mention of TOD and its leaders, and reference to TOD materials be removed from his site; basically remove all criticism of TOD.

"Last, my clients would like all specific references to Team of Destinyâ, Orrin Woodward, Chris Brady, or any other member of TOD removed from your website. Instead, they request that the website be made non-TOD specific and, instead, simply refer to groups within Quixtar in a general sense."

^{13 Before a copyright infringement suit can be file, the works must be registered with the US Copyright Office. None of TOD's tapes are registered with the US Copyright Office.
^{14 Copyrights are not granted on works that have not been fixed into a "medium" by the author. TOD has no recordings of this meeting and therefore will never be fixed in a medium. This was already pointed out to TOD counsel in a letter.
^{15 Defendant as no "alliance" with Bo Short and has no financial interest in Mr. Short's businesses, nor is the defendant a member of Passport. Team of Destiny and Passport cannot by definition be competitors. Team of Destiny by their admission sells only motivational supplies to Quixtar IBOs. Passport sells consumer goods and does not engage in the sale of motivational supplies. The Team of Destiny receives no income from the sales of consumer goods via Quixtar and therefore by definition of their product spectrums, TOD cannot be a competitor with Passport.⁰ Automobile and oil companies all participate in the transportation market, yet they are not competitors since they do not sell competing products. Additionally, there are no rules or laws preventing simultaneous membership in Passport and Quixtar. Furthermore TOD links its site to not less than five other competitors in the Quixtar Business Support Materials business. www.MarkerMan.com www.GBOAlliance.com www.TeamANS.com www.interbizusa.com www.interbiz.ca

^{16 Only one person is required to consent to such a recording in the 38 states including Indiana, Ohio, and South Carolina. Michigan requires consent of both parties. In cases where the state is contested, the Federal Rule applies. The Federal Rule requires only one consenting party. The Defendant in this case was the consenting party. The recording took place in the State of Indiana with residents from Ohio and South Carolina. It is common practice for Amway/Quixtar IBOs to record open meetings so that they themselves might improve their own plan showing abilities. Most of the other participants were copiously taking notes. I'm sure in Mr. Ostrander's five-year Amway/Quixtar career that he has also taken the opportunity to record numerous opens meetings. IBOs in his position, as a speaker in open meetings, know there is potential to be recorded. In fact the recording of meetings is generally encouraged.
^{17 Defendant added the little â symbol to the end of the name Team of Destiny when used on his website. It was actually a very trivial item since TOD seems to violate the trademark TOD, which is owned by Broadbus Technologies Inc. and stands for "Television on Demand"
^{18 Even if the allegation were true, it is no technological challenge to operate a tape recorder. Team of Destiny records conversations of others in their open meetings.
¹⁹ TOD applied for its copyright registration only after my criticism began.
^{20 This particular sound byte was obtained from Quixtar, so TOD did not have the copyrights to this material.}}}}}}}}}}}}}}}}}}}}