|Copyright - 1999 The Holy Eastern Orthodox Catholic and Apostolic
Church in North America, Inc.SM
The Church name is our legal service mark. Unauthorized use shall be prosecuted.
Copyright Law, sec. 107: The U.T. article Alfred G. Green, Jr. points to for his right to use our property states in part; sec. 107 that it does permit limited use of "unpublished" materials for a number of purposes including scholarly and research use. To date legal interpretation seems to favor the right of first published over the DEFENSE of fair use. (See www.lib.utexas.edu/hrc/locating.html, which is also shown on the top of his page.)
Green, owner of a site falsely listing this Church as a non-Canonical Church, is illegally committing copyright infringement and service mark violations .
He stated when first asked to remove this name [service mark] from his site that he was not a clergyman just a member of another orthodox church. In a later email he claimed he was a deacon. In fact, the OCA later notified us, "Please be advised that Mr. Albert G. Green was removed from the ranks of OCA clergy on April 13, 1986. He is not an agent for OCA, does not represent OCA, and is not authorized to act for OCA in any capacity." He has gone on the internet with half truths that he deems favorable to the OCA about our Church. He must believe because he is a list member that he is automatically believed by those who read the list emails. One reason appears to be because the continued existence of this Church shows we predate the Toma issued his church by 43 years. Weare advised also that his church, a S.C.O.B.A. member group, is not formally recognized by all Canonical Orthodox Churches as he mistakenly implies. Green may also be guilty of criminal acts since he was advised by his former server through his son, Lorne Green, to cease using our property, i.e. service mark and copyright, to which he moved to another location and refered to us as "sore losers", understandably a modern reference of some pseudo-christians who want to believe they beat you. He appears to prefer the status of victim over the act of a Christian. Our only legal recourse was to place the matter into the hands of our Church lawyers who wrote Green and are instructed to take all appropriate action should Green persist.
Green also solicited a letter from someone claiming to be a Colorado Assistant Attorney General who appears not to be aware of the details of the matter. No assistant state attorney general is legally authorized to represent or advise, especially from his state office in any official manner, or in most states even offer a legal opinion on such a matter. This man later contacted us and stated Green had no right to publish his email and that it was not claimed to be a legal opinion. Greens' acts are violations of Federal Statutes not Colorado Revised Statues.