legalaffairs on 14 Jan 2001 00:09:55 -0000


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[Nettime-bold] etoy.GENERAL-MEETING-ANNOUNCEMENT


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etoy.ALERT: OFFICIAL INFORMATION FOR ALL etoy.SHAREHOLDERS
**********************************************************
etoy protects its BRAND & POLICY. at all costs. we thought 
that this is clear to everybody after last years TOYWAR.
the etoy.CORPORATION is playful - but not comedy.  

SNN/SYNDICATED NETWORK NEWS: http://hikaru.thing.net/

according to the articles the CHAIRMAN of the etoy.VC group,
mr. a. stamberger calls for an extraordinary general online
meeting betw. jan.03 and jan.10. 2001 to pass 2 resolutions:

1) to authorize the etoy.MANAGEMENT to raise additional 
   capital from private investors to cover legal expenses. 

BACKGROUND: protection of the etoy.BRAND from eToys Inc. 
and ubermorgen.com who both filed for etoy trademarks 
and domain-names within the last year(s). both struggling
e-commerce companies (facing revenue problems and cultural 
disorientation) do neither want to step back from aggressive 
plans nor are they willing to negotiate with etoy.LAWYERS.
they don't have to care about pr (not anymore/not by nature).  

ON24 RADIO: http://biz.yahoo.com/oo/001220/47215.html
http://news.cnet.com/news/0-1007-200-4170257.html?tag=st.cn.1.lthd.ne

in case of eToys, REUTERS reported "somebody probably will 
buy the name because it is a wonderful name. it's memorable 
and catchy". after last fridays crash eToys spokesman gary 
gerdemann said: "we will be pursuing every possible avenue 
to MAXIMIZE VALUE for all stakeholders involved."

http://tarr.uspto.gov/servlet/tarr?regser=registration&entry=2411648&action=Request+Status
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75842089&action=Request+Status
http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=75611845

2) to declare luzius a. bernhard (aka hans_extrem) "persona 
   non grata" and to ostracize all his so called spam-,
   prank-, shock-, media-hack ventures from the market 
   as long as he disturbs the defence of the etoy.BRAND.
   http://secretary.state.gov/www/briefings/statements/1999/ps991208e.html

INDICTMENT: unacceptable violation of the etoy.TRADEMARK
and disturbance of the very critical and expensive battle 
with eToys Inc. which entered a most explosive stage again.
CONCRETE REPROACHES AGAINST Mr. BERNHARD/ubermorgen.com:

1-unlawful filing for etoy TRADEMARKS in AUSTRIA and the 
EU (on 3.11.2000) two years(!) after his withdrawal from 
etoy. result: legal expenses and harm to the culture brand 
http://www.etoy.com/disgrace/austromark_fraud.html
2-public appearance as "official etoy.CORP. representative"
3-"art" in the name of etoy that involves the SWASTIKA and 
calls the nazi symbol "the fundament/background of etoy" 
(result: confusion and disgust within the etoy.COMMUNITY)
http://www.etoy.com/disgrace/nazi_pr_theory_quotes.html
http://www.andernorts.de/netartists.htm (GERMAN)
4-signing a press statement about VOTEAUCTION in the name 
of etoy to achieve credibility and to involve etoy in 
hans_extrems so called "digital legal art" (wired news)
http://www.etoy.com/disgrace/voteauction.html
5-unauthorized commerce & massive spaming in the etoy.NAME
http://www.etoy.com/disgrace/car_spam.html
6-so called shock-marketing under the etoy.BRAND and LOGO
http://www.digitalhijack.org/index_type01.html
http://www.digitalhijack.org/dh2/www2/index.html
http://www.etoy.com/disgrace/etoy_BRAINHARD_com.html
7-concluding contracts in the name of etoy (with curators)

why? to generate nothing but attention, credibility and
financial profits for www.ubermorgen.com and its owner, 
l.a. bernhard, a former employee who left etoy by his own 
will with an unambiguous signature under his own (legally 
binding) declaration of discharge (2.8.1998). since this 
point etoy had no contact with mr. bernhard and has never 
worked with any of his questionable ventures (ubermorgen 
lists etoy as an official client and hans_extrem calls 
toywar his startup). A PRANK? simple minded commerce and 
greed. not a cent better than eToys legal games.

all sites are mirrored under (in case of obscuration) 
http://www.etoy.com/disgrace

the etoy.CORPORATION -controversial but playful by 
definition- will no longer tolerate this misappropriation 
of its cultural capital that causes damage to the etoy.SHARE-
VALUE and harms many of the 1832 etoy.CULTURE-INVESTORS who 
risked life and wealth for the independence of the 
etoy.BRAND during TOYWAR. etoy.VC group chairman alain 
stamberger is not the only one who is repelled about the 
cheap and stupid "SWASTIKA-PRANK". in a letter to the 
etoy.BOARD he appeals for "the guarantee that the 
etoy.CORPORATION makes its decisions IF, WHEN and HOW
to use the etoy.BRAND. it can not be the business of a 
person who left etoy years ago and calls himself EXTREM." 
mr. stamberger urges the etoy.MANAGEMENT to take care of 
the strict compliance of the etoy.POLICY which does not 
allow any connection to simple-minded right-wing 
provocation. "as an etoy.MEMBER with jewish background 
i cant believe that a respected organization like "der 
deutsche kuenstlerbund" officially presents a swastika 
in their annual-exhibition. none seamed to (really) 
question hans_extrem's position and his relation to etoy. 
this is unacceptable especially as mr. extrem does not 
even have an etoy.EMAIL-ADDRESS. the defaming connection 
between TOYWAR.com/etoy and the swastika is a scandal. 
as an etoy.SHAREHOLDER i expect an official statement 
from the curator and the german kuenstlerbund."

etoy is not willing to wait for further "ubermorgen-
extreme-pr". this kind of base-ball-bat-commerce and 
destructive madness is far away from being smart or 
interesting. the only result is war and destructive 
confusion within the community. if other organizations, 
valuable art groups (i.e. micromusic.net) or activists 
want to go this way because they don't see any other way 
to reach their goals: go for it! good luck & hot night-
mares. etoy will stand on the other side. etoy cares 
about details.

hans_extrem proudly talked about his "new legal-digital-
art" in wired news of the 9.11.2000 ("...its sexy"). 
therefore the etoy.LAWYERS suggest "prosecution to the 
maximum extent under the law". hans_extrem and eToys Inc. 
should prepare for legal wrestling. the court room will 
be their stage. as real funky businessmen who love 
attention they deserve the "full show". etoy is gearing 
up for legal entertainment & prepares massive amounts of 
venture capital to secure maximum fun.

art-analysts & brokers can bet here: www.etoy.com/capital
etoy will not waste your money! our bankers turn it into
cultural capital and social profit like none else in the 
market of "impact management" and "surreal incubations".

THE GENERAL MEETING TAKES PLACE ON THE NET: BETWEEN
JAN. 03 and JAN. 10. ALL etoy.SHAREHOLDERS will be 
called to register for their voting rights & db-updates. 
- - - - ---MORE INFORMATION WILL FOLLOW----

MERRY XMAS AND A HAPPY NEW YEAR: PLAY! ANYWAY & FOREVER. 

   signed by the etoy.MANAGEMENT
   AND ALAIN STAMBERGER, CHAIRMAN of the etoy.VC group

   PGP SIGNED & PROTECTED TO AVOID FRAUD:
   etoy.PGP-KEY: www.etoy.com/security (ALWAYS VERIFY!)

PROTECTING THE INTERESTS OF etoy.SHAREHOLDERS: i.e. 
robert shiffler foundation, miss monorom, dr. reinhold 
grether, douglas rushkoff, richard zach, emergency broad-
cast network, magda sawon, dj-spooky that subliminal kid, 
john perry barlow, laura martz, steeve hise, suzy meszoly, 
center for research in computing and the arts / ucsd, 
migros, the thing.net, viktor klima, blasthaus, newtron, 
dr. nemies, negativland, joichi ito, andrea mayr, markus 
heule, sirikit amann, postmasters gallery, dr. birgit 
richard, john weir, randy kruzan, violent nation, alexis 
mirtal, rennie pritikin, hell.com, eviltoy.com, rhizome, 
and 1796 other etoy.SHARE & STAKEHOLDERS. 

all links mirrored under: http://www.etoy.com/disgrace
in case mr.extrem is so hypocritical to play the innocent 
lamb. some "hosts" already removed the discussed stuff 
after etoy contacted responsible people. google is almost 
"clean" by now.

**************************************************************
unsubscribe@etoy.com  in case of problems/q.: mailme@etoy.com
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