Subject: TOYWAR: etoy.com SHOT DOWN BY US COURT
Date: Thu, 02 Dec 1999 22:46:30 +0200
From: miss <firstname.lastname@example.org>
TOYWAR: etoy.com SHOT DOWN BY US COURT
Thu, 2 Dec 1999 15:07:57 +0100
Zum etoy-Prozess | the etoy case 1
Comment | - the etoy case 2 (6.12.99)
The Thing newsletter (21.12.99)
SHOCKING NEWS: the preliminary injunction
blocking the www.etoy.com domain was accepted
by the californian state court yesterday.
this is not totally surprising but it is still
hardcore. the etoy.ATTORNEYS didn't expect that
this could be practiced. its far away from being
the judge john p. shook listened to the attorneys,
nodded and then took out the following prepared
text and signed it:
defendant etoy corporation d/b/a etoy ("etoy"), and
any and all persons acting on behalf or in concern
with etoy, are hereby enjoined from doing any of the
following pending final adjudication of this action:
1. operating a website with the domain name of
2. using, displaying or otherwise exploiting in any
way the domain name www.etoy.com in connection with
the digital hijack.
3. selling, offering to sell, soliciting offers to
purchase shares of unregistered shares "etoy stock"
to any person in the united states or in california.
signed november 29, 1999: john p. shook, judge, los
angeles county superior court.
this was it. NO CHANCE. NOT AT ALL. NO REAL DISCUSSION.
NO INTEREST IN THE DETAILS AND HIDDEN MOTIVES FOR THIS
COMPLAINT (which is MONEY and nothing else!).
"with this decision we are literally knocked out and had
to shut down our apache web server a few hours later.
one of the hardest moments in our successful history.
the etoy.BOMB has detonated !"
ONE SINGLE ("F*CKING FLASH PLUGIN") displayed for a few
weeks on the etoy site was judged sufficient to shoot
down the etoy.DOMAIN because - according to eToys Inc. -
it disturbs the eToys business and confuses customers
about the eToys trademark.
furthermore eToys claims that etoy wants to piggy back
on increased holiday shopping traffic. eToys (online since
october 97) must have known of etoy before they built their
business but decided to use the name anyway despite
the potential for confusion. now they seek to hold etoy
(online since october1995) responsible for that very
confusion, even though there is no business overlap.
according to advising attorneys who observed the trial
"the suit would not pass the giggle test" (village voice,
new york 1.12.99:
now the etoy.CORPORATION will strike back to the
maximum extent under american and european law.
etoy now prepares for the battle against one of the
biggest and most unscrupulous e-commerce companies
in the world, a company which seeks to maximise
profit with the take over of the domain etoy.com
ostensibly in the name of family values. using their
deep pockets and lobbying power to curb choice,
dissent and free speech and make the internet a more
colorless and less exciting place.
you can find the etoy corporation under the ip address
http://184.108.40.206:8080 till this corporate battle is won.
the etoy.BOARD decided not to move to a temporary
domain name. etoy WANTS ITS DOMAIN BACK!
www.toywar.com is an action supported by various
organizations like rtmark.com, the thing new york,
ninfomaina, detritus.net, illegal art, plagiarist.org,
namespace, negativeland, evolution control commitee
styro2000, boombox.net, personal records, and others.
it is not an official etoy.PRODUCT. the etoy.BOARD
cannot control or stop the tremendous resistance
community from acting. it does not know the people
involved in this action at this moment and it does
not know what the future of toywar.com and other
unauthorized mirrors may be.
our material is not protected by copyright so anyone
can use it at his/her own risk.
"the only thing we know is that anonymous users
infiltrated the etoy.SERVERS before the court decision
was handed out to the board and downloaded the latest
etoy products...and that some of the material is now
displayed on toywar.com".
disclaimer: etoy.SHARE is an illegal ART PRODUCT in
the USA since november 28, 1999. do not try to purchase
etoy.SHARES if you are located in america or if you
are an american citizen. use this email address to get
information about our bank accounts in europe to
transfer money to support the etoy.CRISIS BOARD!
just hit the reply button. thank you for your investment in
a better future without corporations destroying freedom
on the net. at least one of them will face a hard time.
Please feel free to use the attached banner to link to our
IP address (http://220.127.116.11:8080) in order to give us
a visible plattform during the struggle.