Carter Ruck on the warpath again with McCann blogs site

the letter is marked NOT FOR PUBLICATION, but it has been scanned and added to the gerrymccannblogs site. Another idiot on a very expensive path if they don't take their site down.

Dear Sirs



Kate and Gerry McCann



We have been consulted by our clients, Kate and Gerry McCann, in connection with the website www.gerrymccannsblogs.co.uk which we understand is hosted by you.



As you will no doubt be aware, the abduction of Mr and Mrs McCann's daughter Madeleine from a holiday resort in Portugal in May 2007 has been the subject of considerable media attention worldwide. A number of wholly false allegations were published by the press about our clients, in particular that they were responsible for Madeleine's disappearance and/or death. Our clients from the outset vigorously denied any such suggestions and in 2008 the Portuguese Prosecutor confirmed that there was no evidence whatsoever to implicate our clients in the disappearance of their daughter.



Despite this, the former coordinator of the Policia Judiciaria investigation into the disappearance of our clients' daughter, Goncalo Amaral, has sought to make financial gain out of our clients' plight by making wholly unsubstantiated allegations against them in a book entitled in English translation, "Maddie - The Truth of the Lies".



Mr Amaral's views about our clients have been discredited by the Portuguese Court which found no evidence to support his thesis whatsoever. Mr Amaral is prohibited from speaking or writing about the events surrounding the disappearance of our clients' daughter Madeleine by an injunction granted by the Portuguese Court. A copy of the Order is enclosed. This letter shall stand as formal notification of the terms of the Injunction against Mr Amaral. For the avoidance of doubt, Mr Amaral is prevented from discussing or writing about the matter anywhere in the world, not only Portugal.



Notwithstanding the fact the administrator of www.gerrymccannsblogs.co.uk is clearly aware of the existence of the injunction (as is clear from the note dated 09/09/09 entitled "Mr Amaral's Book & DVD banned by court order") he or she has decided to act in contravention of the terms of the Order by publishing a PDF of the book in Portuguese together with an English translation of the same at the following link:



http://www.gerrymccannsblogs.co.uk/Maddie_a_verdade_da_mentira.pdf



The purpose of this letter is to put you on notice that you are publishing material grossly libellous of our clients and to make you aware that you are in breach of a Court Order.



In addition, the website publishes a large volume of material - namely weblogs written by Gerry McCann, and photographs of Madeleine McCann - in which our clients own the copyright. These weblogs are being reproduced without our clients' permission, in clear breach of that copyright.



Not only is the publication of this material unlawful, it is also a clear breach of your own Terms of Service. Your terms state that "unacceptable use" of your service includes:



Transmitting or posting any Defamatory, Harassing, Abusive or Threatening Language through HostingFroggy's system or network; and



Copying, posting, transmission, re-transmission or storing material through HostingFroggy's products or services, its right is protected by the Intellectual Property law is strongly prohibited included, but not limited to, Copyright, Trade Secret, Patent, Trade Mark, or any other intellectual property laws or regulations."



Accordingly, we hereby invite you to:



1) Provide your confirmation that you will immediately cease to host the website www.gerrymccannsblogs.co.uk; and



2) Provide us with all the information you possess on the person or persons who are the account holders for, or are otherwise responsible for, the domain www.gerrymccannsblogs.co.uk



Provided you agree to take these steps, our client will be happy to take no further action against Hosting Froggy. However, if you are unwilling to do so, we will advise our clients that it is open to them to issue proceedings for libel and/or breach of copyright against you, and to seek an injunction to prevent any further publication of the material complained of, together with damages and costs. We shall further advise our clients that it is open to them to apply for a Third Party Disclosure Order against you for full disclosure of all information which you hold about the administrators and moderators of the domain www.gerrymccannsblogs.co.uk. We would urge you to obtain legal advice as to the implications of such proceedings for you.



We look forward to hearing from you within 7 days, and in the meantime must reserve our clients' rights against Hosting Froggy in full.



Yours faithfully



C-R



Carter-Ruck



Enc: 'Decisão' of the Portuguese Court
Scan 1_Page_01

Whose Blog is this, please?

Pamalam's.

Ruby wrote:Pamalam's.

Thanks, Ruby.

The letter has been posted on the Maddie Case Files.

Gerry McCann doesn't want anyone to read his blog articles, although they were up on the official site posted online by him once and most have now since been removed.

Why are the McCanns afraid of people reading Gerry's own words, if the McCanns have nothing to hide?

Pamalam will probably be forced to accede to Carter-Ruck, but the information on her blog will be preserved by many.

Thank you, Pamalam, for your hard work and service.

It's all the most basic of copyright issues, no-one can claim they didn't know they were on dodgy legal and moral grounds. As one of the victims of a really horrible crime, Mr Mccann has every right to retain legal control over his words (as anyone else does) and of course posting translations of libellous books and the like is never going to be terribly smart.

Jolie wrote:Gerry McCann doesn't want anyone to read his blog articles, although they were up on the official site posted online by him once and most have now since been removed.

Why are the McCanns afraid of people reading Gerry's own words, if the McCanns have nothing to hide?

Pamalam will probably be forced to accede to Carter-Ruck, but the information on her blog will be preserved by many.

Thank you, Pamalam, for your hard work and service.

Nonsense. People have read Gerry McCanns words years ago. There's no need to read it nowadays. It was a dairy of the most horrific days in their lives. It's time to let it go and give it a place where it should have been long time ago: private.
Besides it IS copyright infringement.

But I do like Pamalam's DVD files, even with the translation errors, as they are easily checked with the originals (the jpeg pages).

The days of Kate and Gerry jogging and timing their runs, playing tennis, planning events to mark Madeleine's disappearance well into the future, even though she had only been missing a month, those horrific early days of Madeleine's disappearance? With very little said about Madeleine herself or the distress they were under. A very strange blog for a grieving, distraught parent, so many people thought. It's no wonder Gerry and Kate McCann and their handlers don't want people to have it as a reference any longer.

They want to wipe everything off the internet and off the bookshelves that disagrees with their version of events or provides insight into their real selves and the 'situation they find themselves in.'

Horrible people, for so many reasons.

Oh get real, still nagging about the jogging? How very suspicious. Ever experienced a shock like that, the feeling of being helpless, not in control, having to rely on strangers that don't even speak your language? Suppose you know better as the professsional therapists who've helped them what they should or shouldn't do.
What did you expect them to do? Knock on all doors? Lock themselves into the house and stay in 24/7?
What more stories about Madeleine do you want them to tell? Things that might have helped an abductor?
They've told private things about her and their lives. You nor me needs to know more, we should respect their privacy and let them keep their memories of the happy times they've had. Because that's all they've got left at the moment. Or may be even for the rest of their lives.

Anyway that's not the issue. Publishing the diary on the blog is an infringement of copyrights.

Hi DeeDee

May I ask why you use my name as part of your email address?

Hi DeeDee

Even though it's non of anybody's business, I've used part of the forum's name too in my email address, like jkh posted elsewhere. Suspicious!

What's suspicious is that you both join the same day using my name, which makes it my business.

bonnybraes is getting careless

What I find interesting again is the wording of the letter from Carter Ruck. It advises of an injunction against publication of the book and then goes on the state that Amaral is forbidden to speak about it Worldwide. One does hope they are not trying to confuse the reader by implying that the injunction against the book in Portugal is a worldwide injunction.

Avery wrote:What I find interesting again is the wording of the letter from Carter Ruck. It advises of an injunction against publication of the book and then goes on the state that Amaral is forbidden to speak about it Worldwide. One does hope they are not trying to confuse the reader by implying that the injunction against the book in Portugal is a worldwide injunction.

Reserach the Berne Convention - it is relevant to international publishing issues.

sans_souci wrote:

Avery wrote:What I find interesting again is the wording of the letter from Carter Ruck. It advises of an injunction against publication of the book and then goes on the state that Amaral is forbidden to speak about it Worldwide. One does hope they are not trying to confuse the reader by implying that the injunction against the book in Portugal is a worldwide injunction.

Reserach the Berne Convention - it is relevant to international publishing issues.

Indeed. This is correct.

Hi Jolie,
Agree their attitude after the disappearance was staggering. It was the smiling and being able to sleep a few days later that really got me, I mean WTF??!! Not to mention the inane comments regarding 'tuppence worth' and so forth. A total lack of concern was apparent and this was revealed in the blogs, where the light airy chats about picking up from airports and what they had for lunch and haircuts was an insult to other parents grief when they lose a child. I know parents who have had such a loss (through death in this particular case) and they can barely function, can't eat or sleep and appear as zombies.
The blogs need to be removed because they show the callous indifference of the parents. They are a disgrace. The only thing they can 'get' anyone on is copyright, they're happy to enter a civil court but I bet they are petrified of a criminal one when their 'abduction' theory is held under close scrutiny. NO EVIDENCE WHATSOEVER of an abduction.

Gerry McCann was the one who published the blogs in the firstplace so he can hardly scream and shout! Just the same as I have published this forum reply and it can be copied, used, set in stone, saved, republished or whatever. Once written it cant be taken back.

I think they should stand as testament to just how cold & calculating he was - Chips & Sea Bass anyone?

simplyme wrote:Gerry McCann was the one who published the blogs in the firstplace so he can hardly scream and shout! Just the same as I have published this forum reply and it can be copied, used, set in stone, saved, republished or whatever. Once written it can't be taken back. I think they should stand as testament to just how cold & calculating he was - Chips & Sea Bass anyone?

I think I missed some bits in the blogs.

For instance:

"Clarence was on the 'phone early today and we had several 'phone calls to discuss the latest requests for interviews from TV companies. We discussed the fees of course and we seem to be nearing agreement. One of the Leicestershire police officers we've got to know quite well kindly brought us a whole set of CEOP manuals - 9 of them altogether - which will help no end in our searching for Madeleine. One of them was from the U.S.

Brian Kennedy 'phoned up this afternoon to tell me he was unhappy with Metodo 3 but had just been speaking to one of the 'big boys' in international espionage, Kevin Halligen. He comes highly recommended and Brian feels he can do a much better job than Francisco Marco, who rather blew Metodo 3's credibility with his wild claims about being hot on Madeleine's trail and promises to bring her home for Christmas.

With the kids out of the way in the afternoon I managed to get through another three chapters of 'The Interpretation of Murder'. I must say the book is just like it says on the cover: 'spectacular' and 'fiendishly clever'."

Where can I find that on his blogs?

Mr. Bennett, is that supposed to be funny/ironic?

Serious question.

sans_souci wrote:

Avery wrote:What I find interesting again is the wording of the letter from Carter Ruck. It advises of an injunction against publication of the book and then goes on the state that Amaral is forbidden to speak about it Worldwide. One does hope they are not trying to confuse the reader by implying that the injunction against the book in Portugal is a worldwide injunction.

Reserach the Berne Convention - it is relevant to international publishing issues.

It is indeed relevant to publishing issues. It is to protect the artist, writer etc on copyright issues. I fail to see how it does the reverse. If one judge in one country restricts the sale of a book I fail to see how that would be a worldwide ban. No country would sign on to such a convention to restrict the freedom of speech in their country. Perhaps you could explain further how the Berne Convention does that. I do hope you are not like Carter Ruck and trying to confuse me by throwing references my way.

simplyme wrote:Gerry McCann was the one who published the blogs in the firstplace so he can hardly scream and shout! Just the same as I have published this forum reply and it can be copied, used, set in stone, saved, republished or whatever. Once written it cant be taken back.

I think they should stand as testament to just how cold & calculating he was - Chips & Sea Bass anyone?

Wasn't the 'sea' bass' comment made because sea bass can be confused with cadaver scent ( the dogs). GM seems to enjoy putting hidden meanings into his speeches and blogs.

i believe it's called backfitting and yes, they do like to do it.
see also: where were you when we were crying and probably other examples.

Old Gerald loves over-egging his puddings.
Which is strange, because to the unsuspecting outside world, his preoccupation with trivia seems more than a little crass, given his circumstances. Why would he risk looking so flippant in the eyes of the public whose support (and money) he craves?
It has often been said that it's ridiculous to think that he uses hidden messages, but I'm not so sure.
Why would he mention wearing a long-sleeved top once the weather had cooled, for example? I mean, doesn't everybody?

If I had the time and the patience, I'd trawl through the lot and see what I could come up with. These odd remarks sure as hell mean something to somebody.

I'd probably avoid " banana splits with extra child-friendly toppings" though.
I don't think I want to go there ---