"The price of justice is eternal publicity." Arnold Bennett

MOFO's Letter Of 3-17-98 To Ken Hamidi

FACE Intel's Letter Of 3-30-98 To MOFO

MOFO's Letter Of 10-15-98 To Ken Hamidi

MOFO's Letter Of 11-12-98 To Ken Hamidi

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MOFO'S letter of 3-17-98 to Ken Hamidi

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Morrison & Foerster LLP

LOS ANGELES	ATTORNEY AT LAW	NEW YORK
SACRAMENTO		LONDON
ORANGE COUNTY	425 MARKET STREET	BRUSSELS
PALO ALTO	SAN FRANCISCO, CALIFORNIA 94105-2482	BEIJING
WALNUT CREEK	TELEPHONE (415)268-7000	HONG KONG
DENVER	TELEFACSIMILE (415)268-7522	SINGAPORE
WASHINGTON, D.C.		TOKYO

March 17, 1998

Writer's Direct Dial Number

(415)268-7202

VIA UPS NEXT DAY

Kourosh Kenneth Hamidi

7349 Cross Drive

Citrus Heights, CA 95610

        Re: Demand to Cease and Desist

Dear Mr. Hamidi:

We have been informed that your FACE-Intel organization has again begun sending unsolicited electronic "spam" mail to Intel employees through Intel's internal e-mail system. We are sending this letter directly to you, rather than to the attorneys representing you in your lawsuit against Intel, because it does not involve your employment at Intel or your legal claims, but is addressed solely to the recent actions of "FACE-Intel," which you have indicated is not represented by counsel. If FACE-Intel has retained legal counsel in this matter, please let us know immediately.

The e-mail addresses of Intel employees are confidential and proprietary information and you are using them illegally. FACE-Intel's spam mailings also drain valuable resources by taxing Intel's internal systems and requiring responses to employee requests as to why they are continuing to receive unwanted e-mails from your organization. Any such list in whatever form in your possession or in the possession of any other member of your organization must be returned to Intel at once. We demand that you agree to return this information immediately. You many return the lists, in whatever form they are maintained, to Coeta Chambers at:

Intel Corporation

Legal Services

2200 Mission College Blvd.

Mailstop SC4-116

Santa Clara, 95052-8119

Intel has already indicated that FACE-Intel's e-mail messages are an unsolicited intrusion on the company's proprietary computer equipment and has taken steps to try to prevent your improper spamming of Intel employees. Intel has a legal right to an injunction prohibiting any future trespass upon its proprietary computer system.

 

sf-472288

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Morrison & Foerster

Mr. Kourosh Kenneth Hamidi

March 17, 1998

Page Two

 

If you do not agree immediately to cease and desist, Intel will consider filing a lawsuit requesting appropriate injunctive and other appropriate relief. See, e.g., America online v. Cyber Promotion, 948 F. Supp. 436 (E.D. Pa. 1996).

 

Sincerely,

(signature of Linda E. Shostak)

Linda E. Shostak

 

Cc: David J Hurd, Esq. 

sf-472288

FACEI's letter of 3-30-98 to MOFO (Intel)

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Former And Current Employees of Intel

A nonprofit organization, registered in California (a)

 March 30, 1998

Ms. Linda E. Shostak

Morrison & Foerster

425 Market Street

San Francisco, CA 94105-2482

Re: Your letter of March 17, 1998

Dear Ms. Shostak:

This letter is in reply to your letter to me dated March 17, 1998.  In that letter you demanded that I cease and desist certain actions that you have alleged that I have been conducting.  Addressing your first question; Is Face-Intel represented by legal counsel? The answer is no. Nor do I anticipate having the financial means to obtain legal counsel. I suspect it will be just me against the second largest law firm on the planet.   Your letter claims that I have in my possession e-mail lists that are the proprietary information of Intel. This allegation is incorrect.  Any lists that I or any other FACE Intel member may have, we compiled with our own labor and I do not see why I or any other FACE Intel member should provide them to Intel based on your assertion that they somehow belong to Intel.  I am no lawyer, but my reading of the Uniform Trade Secrets Act, codified in California Civil Code Sections 3426-3426.11, does not indicate the basis upon which you base your allegation that our e-mail lists fall within that statute. Perhaps you could provide some basis for your allegations. 

Secondly, you allege that we are improperly intruding upon Intel's proprietary computer equipment and we are "spamming" Intel employees. I categorically deny both allegations. We are not intruding upon any proprietary computer equipment. We are merely exercising our free speech rights under the U.S Constitution, regarding non-commercial matters, upon the Internet.  Nor are we "spamming", as I understand the term to be commonly used.  We are not sending unsolicited commercial advertisements or proposals. In fact, we inform all recipients that they can be permanently removed from our e-mail lists by merely informing me of their desire to do so.  We provide simple instructions as to how to notify us to be taken off our list. Thus far, we have promptly removed the name of all people who indicated that they did not wish to receive our messages.

I read the case that you have cited, America Online v Cyber Promotions, 948 F. Supp. 436 and I must take issue with your interpretation of that case and its applicability to me. Again, I am no lawyer but that case seemed to deal with a commercial defendant who sought to be able to send commercial messages to customers via AOL's accounts. Cyber did not want AOL to be able to block Cyber's access to the AOL accounts. Unlike that defendant, we are not sending commercial messages or advertisements. Secondly, we are not insisting that Intel provide us with access to anything.  If Intel seeks to block our efforts at exercising our first amendment rights, then Intel can do so, and let them also proclaim their position in this matter.  Our position is that the rights of the U.S. Constitution should be protected for the benefit of all citizens.  Does Intel take issue with this position? If so, they are free to state their position for the record. We will not block their efforts, nor have we ever attempted to do so.  

P.O. Box 1360, Citrus Heights, CA 95611 - Phone: (916) 729-6992 - Fax: (916) 729-3097 - Internet: face@quiknet.com

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Former And Current Employees of Intel 

Ms. Linda E. Shostak

March 30, 1998

Page Two

Looking back, the tragedy is that, rather than help me in my simple pleas for medication and therapy, Intel chose to spend endless sums of money to follow me, investigate me, fight me and pay lawyers such as yourselves (MOFO) to ruin my life, and you have been very successful. Congratulations. You have earned your coins of silver. You've branded me a liar, and painted me a fraud. Yet, nothing that you have ever alleged explains why, if I was always this engineer bent on taking Intel's precious workers' compensation monies, I worked so long and so hard for Intel after my accident.

After all is said and done, I have lost my house, my career, even my little car and because you have already taken everything from me-I will never lay down and die for you. Neither Intel, nor you, nor any other bully-for-hire will take my freedom from me. Everything else has already been taken.  I have nothing more I fear to lose. So, voice your threats, intimidations, and bullying tactics. I don't care. I have grown deaf.

 

Very truly yours.

(signature of Ken Hamidi)

Ken Hamidi

FACE Intel Spokesperson

 

cc: Andy Grove, Craig Barrette, Tom Dunlap   

  

P.O. Box 1360, Citrus Heights, CA 95611 - Phone: (916) 729-6992 - Fax: (916) 729-3097 - Internet: face@quiknet.com