Pathfinder Press Threat Against the

Marxists Internet Archive

The MIA Response to this letter

 


 

HERRICK, FEINSTEIN
LIMITED LIABILITY PARTNERSHIP
2 PARK AVENUE
NEW YORK, N.Y. 10016
CERTIFIED MAIL

Marxists Internet Archive
643 Parkview Circle
Pacifica, CA 94044

Marxists Internet Archive
P.O. Box 1541
Pacifica, CA 94044

Attention: Mr. Brian Baggins and Mr. David Walters

Re: 408 Printing & Publishing Corp. (Pathfinder Press)

Dear Sirs:

We write on behalf of our client, 408 Printing & Publishing Corp, which, through its division, Pathfinder Press, is engaged in the publication and sale of books and other printed matter.

Our client informs us that it has recently learned that the entity designated "Marxists Internet Archive" ('MIA") has posted on a website located at www.marxists.org and other various mirror sites (collectively, the "MIA sites") portions of books and other publications the copyrights of which are owned by our client. It has learned also that MIA has offered those same infringing materials for sale to the public in the form of a CD represented as containing the MIA archives.

Our client advises that it has at no time granted to MIA, or to any person or entity associated with MIA, any license or authority to post, sell or distribute any of the books or publications posted on the MIA sites or any portions thereof; and that the statements on the MIA sites that these books, publications or some of them are in the public domain is false.

We annex a list of the works that have been infringed by the postings on the MIA sites. Our client holds valid subsisting copyrights in each of these works. (Some of the works listed are based on pre-existing materials which may be in the public domain, but in these our client holds copyrights as derivative works (e.g., original translations)). MIA is not and has at no time been entitled to post or publish any of the listed works.

Accordingly, on our client's behalf, we demand that MIA, its branches, divisions and affiliates, and its principals, directors, officers, employees, agents and representatives (i) immediately cease and desist from posting any of these works or any portions thereof on the MIA sites or on any other site (ii) immediately delete and remove any such materials from the MIA sites and other sites and (iii) immediately cease and desist from offering for sale or selling or in any manner distributing any product containing any such materials, through the referenced CD compilation of the MIA archives.

We further demand, on our client's behalf, that, within ten (10) days from the date of this letter, MIA (a) furnish to us a full accounting of all sales by it of such materials through a CD compilation; (b) destroy, or turn over to our client for immediate destruction, any remaining inventory of such materials; and (c) acknowledge, by letter addressed to us, that MIA will not hereafter post, publish, or advertise any materials in which our client owns copyrights on the MIA sites or any other site or produce or sell any CD containing any such materials.

We write on the assumption that you prefer, as does our client, to resolve this matter amicably. This letter is, however, without waiver of, or prejudice to, any of our client's rights and remedies, all of which are hereby expressly reserved.

Very truly yours,
Harry I. Rand HIR:vmh,
Enclosure,

cc: 408 Printing & Publishing Corp.

List of Works Infringed By Posting On MIA Sites

1. Founding of the Socialist Workers Party

2. Introduction to the Logic of Marxism

3. Leon Trotsky on China

4. Trotsky, "Why Marxists Oppose Individual Terrorism," taken from Marxism v. Terrorism

5. Trotsky, "On the Events in Dublin," taken from New International No. 1

6. Trotsky, "Platform of the Opposition," taken from The challenge of Left Opposition 1927-28

7. Trotsky, "How did Stalin Defeat the Opposition," taken from Writings of Leon Trotsky 1935-36

8. Trotsky, "Trotsky in Norway," taken from Writings of Leon Trots~ 1936-37

9. Trotsky, "Before the Decision"; Trotsky, "The German Puzzle"; Trotsky, "The Turn in Communist International and the Situation in Germany," taken from Struggle Against Fascism in Germany

10. Novack, "Empirism and Pragmatism," taken from Empiricism and Its Evolution

11. Reed, "The Challenge of the Matriarchy," taken from Sexism and Science

Contact the Marxists Internet Archive Admin Committee for further information