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White Estate Lawsuit Negotiation Correspondence

White Estate Lawsuit Negotiation Correspondence

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Published by: Brendan Paul Knudson on Nov 06, 2012
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04/16/2013

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EEmmaaiill 
TO:
Brendan Knudson
EMAIL:
globalconnect@acnrep.com.au
REPLY TO:
Brisbane
OUR REF:
SVB:AW:120622
 YOUR REF:DATE:
9 August 2012
OUR EMAIL:
s.barber@fclawyers.com.au
RE:
ELLEN G WHITE ESTATE INC v BRENDAN PAUL KNUDSON
 –
FEDERAL COURTPROCEEDINGS (P) QUD 374/2012
Dear Mr KnudsonWe refer to the above proceedings and our correspondence of 7 August 2012.We confirm that we have now received a response from Justice Greenwood and the orders made on 2 August2012 will be extended until 4 September 2012. We now
attach
a copy of the correspondence received fromJustice Greenwood for your reference. We have attended to the filing of further orders in the Federal Court of  Australia to facilitate the extension of the 2 August 2012 Orders until 4 September 2012.We draw your particular attention to the effect of the Orders, which can be summarised as follows:1.
 
You are restrained from publishing, selling, distributing, copying or advertising for sale any documents
or copies of documents obtained by you, directly or indirectly from our client’s database of writing
s of Ellen G White and/or the Ellen G. White Research Centres;2.
 
Furthermore you are restrained from destroying or deleting, or parting with possession of, anydocuments in your possession or control:(a)
 
That are documents or copies or documents that you have obtained from our client’s
databaseof writings of Ellen G White or from any Ellen G. White Research Centres;(b)
 
That are arbitrations of the documents referred to in sub paragraph (a) above;(c)
 
Relating to the accessing of the relevant documents, this would include any documentationsuch as correspondence exchanged between yourself and other individuals who assisted youin obtaining the documentation;(d)
 
Relating to the copying or downloading of any of the documents;(e)
 
Relating to publishing, selling, distributing or advertising or sale of any documents.
 
2Brendan Knudson 9 August 2012If you breach these orders you are liable to imprisonment and/or punishment for contempt.If we become aware of you breaching these orders we will be notifying the Australian Customs Service. Thereason we will be notifying the Australian Customs Service is so that you will be detained immediately uponreturn to Australia whenever that maybe.In accordance with the Federal Court Rules our client will be attending to the filing of a Claim and Statement of Claim in the abovenamed proceedings by 16 August 2012. In these proceedings our client will make claim for damages against you which will include but not be limited to amounts for legal costs, damages suffered by our client as a result of your illegal acces
sing of our client’s materials, an
account of profits, etc.We are instructed that our client will also be seeking that you be permanently restrained from dealing with inanyway any materials of our client that you have obtained illegally. Our client will also be seeking orders thatyou be compelled to provide all docume
nts you hold in relation to your accessing of our client’s material
sillegally, including but not limited to, identifying all individuals and entities that have assisted you inaccomplishing this task.We are instructed that our client would not proceed further against you and not make any claim for damagesagainst you if you agree to the following:1.
 
You provide to our client any documents in your possession or control:(a)
 
That of documents, or copies of documents, obtained by you, directly or indirectly, from our client,i.e. all illegally obtained writings of Ellen G White;(b)
 
That are abduction of the documents referred to in sub paragraph a and all the various forms inwhich they exist (such as computers, iPads, Smartphones, zip drives, CDs, flash drives, etc);(c)
 
Relating to the illegal obtainment of the documents
from our client’s database and/
or by any other means;(d)
 
Relating to the copying or downloading of any document from our clients database and/or itsResearch Centres;(e)
 
Relating to publishing, selling, distributing or advertising for sale of:i.
 
 Any documents or copies of documents referred to in sub paragraph a and b obtained from
our client’s database
and/or its Research Centres;ii.
 
 Any documents or that are abduction of the documents referred to in sub paragraph e (i)(f)
 
Relating to use of any trademark of our client, including ELLEN WHITE, EGW and ELLEN GWHITE;(g)
 
Relating to Internet Websites and Domain Name accounts;2.
 
That you are permanently restrained from publishing, selling, distributing or copying or advertising for sale any documents, or copies of documents, illegally obtained by you, directly or indirectly from our client including any works from its database, its Research Centres, the Biblical Research Institute of 
 
3Brendan Knudson 9 August 2012the General Conference (specifically the Daniel and Revelation 7 Volume Set) and the Seventh-day Adventist Church;3.
 
Providing the details of any and all individuals and entities that have assisted you in obtaining alldocuments from our client illegally from its database and Research Centres.4.
 
Providing satisfactory assurances of cooperation in any legal proceedings that might ensue, includingarranging for acceptance of service of process for subpoenas for documents and testimony,5.
 
Providing satisfactory assurances of cooperation that third parties will be advised regarding the illegal
actions undertaken and that unauthorized distribution and sale of our client’s works must cease.
  As you can tell from the investigations undertaken by our client, are detailed in the material provided to you on7 August 2012, our client has a significant amount of evidence to prove that you have obtained materialsillegally from our client. Furthermore it is without question, in our opinion, that copyright subsists in the worksthat you have obtained illegally.
 As a result you have breached our client’s copyright
rights in the relevantworks you have stolen. You have also acted illegally in
hacking our client’s
database.Our client is mindful of reaching a settlement with all individuals that have worked with you in undertaking theillegal activities that you have. Our client will identify these individuals one way or the other and if forced to,will commence legal proceedings against them also. Ideally our client does not wish to commence legalproceedings against any further individuals and as such would welcome those individuals forming part of anysettlement agreement to be reached with you on the terms outlined above.The above settlement proposal is open for acceptance by you for a period of 7 days after which time it willlapse.Should you fail to accept the settlement proposal outlined above, our client rely on this correspondence torecover its legal costs from you in the proceedings moving forward. Please note that these legal costs will besignificant and in excess of $200,000.00 if the matter proceeds to a Trial stage.We look forward to hearing from you.Should you have any queries please contact the writer. The writer will attempt to call you on 0240201015 at 4pm 10 August 2012 Brisbane Australia time.If you do not understand any of the material that has been filed in the abovenamed proceedings or thiscorrespondence we strongly recommend that you engage the services of a lawyer immediately. We can thenliaise directly with your lawyer in relation to reaching an early resolution of this matter.Yours faithfully
FERGUSON CANNONSam Barber 
PERSONAL ASSISTANT: ANGELA WILSON

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