Mr. Matthew S. Anderson This is Me

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1. 1. RTMark: Autodesk | The etoy Fund | Past projects

   helpkpfa.rtmark.com/autodesk.h - [Cached]

   Published on: 2/7/2000   Last Visited: 9/6/2000

   During the subsequent week, Anderson attempted to resolve the problem, and he and many users of The3DStudio.com wrote to Autodesk and the outside firm, explaining the situation and begging them to lay off ; no one received so much as a word of reply. (See here for some of those letters.).
   
   Finally, a user of The3DStudio.com alerted ®TMark to the situation. Here is a blow-by-blow of what happened next ; see also these articles for well-written summaries :.
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   Sat, 5 Feb 2000 : Anderson wonders why none of his e-mails was ever answered by Autodesk. Mon, 7 Feb 2000 : Anderson yet again contacts the outside firm to figure out how to resolve things. Mon, 7 Feb 2000 : An in-house Autodesk lawyer responds, and Anderson offers to post a disclaimer, as he had long before offered (to no effect or response). Mon, 7 Feb 2000 : The Autodesk lawyer responds and instantly agrees to the disclaimer and says he is glad they were able to work things out so quickly. Mon, 7 Feb 2000 : Anderson, having posted the disclaimer, asks for formal resolution, plus free software as token apology for so much annoyance by Autodesk.
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   Mon, 7 Feb 2000 : Anderson graciously thanks the Autodesk lawyer anyhow for finally giving him some peace. Mon, 7 Feb 2000 : Autodesk informs ®TMark of the resolution between Anderson and the Autodesk lawyer, wants to make sure no campaign is launched. Tue, 8 Feb 2000 : ®TMark responds with a press release. Wed, 9 Feb 2000 : The Autodesk lawyer explains Autodesk's position to a third party. Wed, 9 Feb 2000 : The Autodesk lawyer explains Autodesk's position to ®TMark. Wed, 9 Feb 2000 : ®TMark thanks the Autodesk lawyer but asks why, between Jan. 27 and Feb. 4, no one responded to hundreds of e-mails to explain Autodesk's position. Wed, 9 Feb 2000 : The Autodesk lawyer says he was out and his e-mail be not working. Wed, 9 Feb 2000 : ®TMark tells the Autodesk lawyer that that be not a good enough excuse, and brings up another point.
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   From : Matthew Anderson > To : info@rtmark.com Subject : Autodesk vs The 3D Studio
   
   I just received a few emails from some people that mentioned your site and I guess they told you my story.
   
   I am the webmaster and owner of http : //www.the3dstudio.com / and the one Autodesk is trying to bully.
   
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   Matthew Anderson
   
   Date : Sat, 5 Feb 2000 14 : 55 : 55 -0800 From : The Super-user To : admin@rtmark.com, webmaster@the3dstudio.com Subject : Reply from Autodesk
   
   To : Matthew S. Anderson and RTMark Administrator,
   
   We have received your messages. We think that the proposed actions of RTMark are premature.
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   We are favorable to the steps taken by Mr. Anderson (removing the 3D model on the http : //www.the3dstudio.com / web site which had the ownership issues and removing the 3D Studio Max Webring logo) and may need further clarification on the remaining issues. We would appreciate you holding off from a campaign against Autodesk until we can discuss this further with you.
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   From : Matthew Anderson To : rootcsh2@autodesk.com Cc : admin@rtmark.com Subject : Re : Reply from Autodesk
   
   >We are favorable to the steps taken by Mr. Anderson (removing the 3D. >model on the http : //www.the3dstudio.com / web site which had the ownership issues.
   
   Funny, this issue was never even mentioned in the letter from your lawyer. Beyond that, the issue of the model was taken care of the day it was brought to my attention which was back in December of 1999.
   
   >and removing the 3D Studio Max Webring logo) and may need further.
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   Matthew Anderson http : //www.the3dstudio.com /
   
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   From : Matthew Anderson Subject : Phone Number For You To : mhughes@hickman.com
   
   I was told you want to talk about the3dstudio.com and Autodesk today before RTMARK rips into Autodesk for bullying me. If so, my number is below....it is my day time work number, I am here until 2pm AZ time.
   
   After that you can call me at home at XXX-XXX-XXXX.
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   Matthew Anderson
   
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   From : Matthew Anderson Subject : How about this To : martin.konopken@autodesk.com
   
   Martin-
   
   Check out the attached file, it is the main part of my home page....the formatting be not all there because my site is all done in a database not just HTML so the text will be Arial and will be white on black (not black on white like it is here).
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   Matthew Anderson www.the3dstudio.com
   
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   To : Matthew Anderson
   
   Matthew,
   
   Your disclaimer looks fine. Once it be up i will find out who does the linking on the ktx.com site here and tell him/her that the link should be restored. I hope when you describe the resolution of all this you will let people know that despite the misunderstandings caused by the tone of legal-sounding language, we be not really bullies but just trying to protect our reputation. When we started getting flame mail from people who thought your site was ours and that we had misused their copyrighted work, we got very concerned. The people flaming us obviously do not know that we be not you, and that you had already fixed the problem.
   
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   From : Matthew Anderson To : martin.konopken@autodesk.com Cc : admin@rtmark.com Subject : Re : RE : How about this
   
   Martin-
   
   Okay, updated the site, take a look and let me know what you think. If you like it please let me know when the link at ktx.com to my site will be back up.
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   Matthew Anderson http : //www.the3dstudio.com /
   
   Date : Mon, 7 Feb 2000 12 : 01 : 27 -0800 From : martin.konopken@autodesk.com To : webmaster@the3dstudio.com Cc : admin@rtmark.com
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   Matthew,
   
   I looked at your updated site and it be as we agreed. The webmaster at ktx.com tells me he will be able to have the link to your site back up some time today. As to the free software, well, we do not think that would be appropriate but we can not fault a guy for asking.
   
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   From : Matthew Anderson To : martin.konopken@autodesk.com Cc : admin@rtmark.com Subject : Re : RE : RE : How about this
   
   Okay
   
   As for free software, I thought Autodesk would want to turn this WRONG into a RIGHT. Kind of a like a gesture of your good will, after all everyone who emailed me in support (a few hundred mind you) all thought that would be the only way to turn this around.
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   Matthew Anderson
   
   Date : Mon, 7 Feb 2000 10 : 59 : 00 -0800 From : The Super-user To : admin@rtmark.com Subject : Update from Autodesk
   
   To : RTMark Administrator,
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   One of the Autodesk lawyers spoke with Matthew Anderson this morning (Monday 02/07) and we believe that they have come to an agreement which is acceptable to both parties.
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   Matthew said that he would contact RTMark to request that no campaign is launched against Autodesk.
   
   Sincerely,
   
   Autodesk
   
   Date : Wed, 9 Feb 2000 13 : 06 : 35 -0800
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   We had been bombarded with flame mails accusing us of copyright infringement on our website, which actually be not ours but Mr. Anderson's. Because of the name confusion our reputation was being severely damaged. Hence the letter from the outside lawyer. I then left town for a week a came back to learn of Mr. Anderson's response and how people were misinterpreting our actions. i be forwarding you the e-mail I sent to rtmark.com and one I sent to Mr. Anderson. When I finally had a chance to talk to Mr. Anderson I was reassured that be not dealing with a bad-intentioned individual and settled the matter accordingly. You must be aware that there are many on the internet whose good faith one cannot take for granted. Perhaps our approach in dealing with the matter came across as a bit too heavy, but we would rather be thought of as slightly heavy-handed than as people who steal copyrighted works.
   
   Thanks for taking the time to read this.
   
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   i would like to state for the record that we reached agreement with Mr. Anderson because after talking with him it was clear that he was acting in good faith and shared our interest in reaching a reasonable solution.
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   Mr. Anderson explained that the images were put up inadvertently and that he had long since corrected the error, and I responded that apparently quite a few people had not yet learned of his corrective action and were confusing his site with ours. When that was cleared up we reached an agreement to resolve the matter in a way that will avoid this kind of confusion in the future. It would be a mistake to assume that Autodesk would respond favorably to threats to shut down its website if we believed that someone was dealing with us maliciously or in bad faith.
   
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   Matthew Anderson sent it to us, we just have not had time to post it. Your e-mail below will be posted as well.
   
   Please clarify if possible :.
   
   > i would like to state for the. > record that we reached agreement with Mr. Anderson because after talking. > with him it was clear t

2. 2. RTMark: Autodesk | The etoy Fund | Past projects

   www.rtmark.com/autodesk.html - [Cached]

   Last Visited: 3/17/2008

   During the subsequent week, Anderson attempted to resolve the problem, and he and many users of The3DStudio.com wrote to Autodesk and the outside firm, explaining the situation and begging them to lay off; no one received so much as a word of reply. (See here for some of those letters.)
   
   Finally, a user of The3DStudio.com alerted ®TMark to the situation. Here is a blow-by-blow of what happened next; see also these articles for well-written summaries: Fri, 4 Feb 2000: A user of The3DStudio.com alerts ®TMark to Autodesk's aggression against The3DStudio.com Fri, 4 Feb 2000: The3DStudio.com webmaster Anderson also writes to ®TMark Fri, 4 Feb 2000: ®TMark responds Sat, 5 Feb 2000: Autodesk responds, calls ®TMark's reaction "premature," assures prompt action on Monday morning, cc's Anderson Sat, 5 Feb 2000: Anderson wonders why none of his e-mails was ever answered by Autodesk Mon, 7 Feb 2000: Anderson yet again contacts the outside firm to figure out how to resolve things Mon, 7 Feb 2000: An in-house Autodesk lawyer responds, and Anderson offers to post a disclaimer, as he had long before offered (to no effect or response) Mon, 7 Feb 2000: The Autodesk lawyer responds and instantly agrees to the disclaimer and says he is glad they "were able to work things out so quickly" Mon, 7 Feb 2000: Anderson, having posted the disclaimer, asks for formal resolution, plus free software as token apology for so much annoyance by Autodesk Mon, 7 Feb 2000: The Autodesk lawyer grants resolution, but refuses token gesture Mon, 7 Feb 2000: Anderson graciously thanks the Autodesk lawyer anyhow for finally giving him some peace Mon, 7 Feb 2000: Autodesk informs ®TMark of the resolution between Anderson and the Autodesk lawyer, wants to make sure no campaign is launched
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   From: Matthew Anderson > To: info@rtmark.com
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   Matthew Anderson
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   To: Matthew S. Anderson and RTMark Administrator,
   
   We have received your messages.
   ...
   We are favorable to the steps taken by Mr. Anderson (removing the 3D model on the www.the3dstudio.com web site which had the ownership issues and removing the "3D Studio Max Webring" logo) and may need further clarification on the remaining issues.
   ...
   From: Matthew Anderson To: rootcsh2@autodesk.com Cc: admin@rtmark.com
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   >We are favorable to the steps taken by Mr. Anderson (removing the 3D
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   Matthew Anderson
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   From: Matthew Anderson Subject: Phone Number For You To: mhughes@hickman.com
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   Matthew Anderson
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   From: Matthew Anderson
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   Matthew Anderson www.the3dstudio.com
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   To: Matthew Anderson
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   From: Matthew Anderson To: martin.konopken@autodesk.com Cc: admin@rtmark.com
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   Matthew Anderson
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   From: Matthew Anderson To: martin.konopken@autodesk.com Cc: admin@rtmark.com
   ...
   Matthew Anderson
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   One of the Autodesk lawyers spoke with Matthew Anderson this morning (Monday 02/07) and we believe that they have come to an agreement which is acceptable to both parties.
   ...
   Matthew said that he would contact RTMark to request that no campaign is launched against Autodesk.
   ...
   We had been bombarded with flame mails accusing us of copyright infringement on our website, which actually wasn't ours but Mr. Anderson's. Because of the name confusion our reputation was being severely damaged. Hence the letter from the outside lawyer. I then left town for a week a came back to learn of Mr. Anderson's response and how people were misinterpreting our actions. I'm forwarding you the e-mail I sent to rtmark.com and one I sent to Mr. Anderson.
   ...
   I'd like to state for the record that we reached agreement with Mr. Anderson because after talking with him it was clear that he was acting in good faith and shared our interest in reaching a reasonable solution.
   ...
   Mr. Anderson explained that the images were put up inadvertently and that he had long since corrected the error, and I responded that apparently quite a few people had not yet learned of his corrective action and were confusing his site with ours.
   ...
   Matthew Anderson sent it to us, we just haven't had time to post it. Your e-mail below will be posted as well.
   
   Please clarify if possible:
   
   > I'd like to state for the > record that we reached agreement with Mr. Anderson because after talking > with him it was clear that he was acting in good faith and shared our > interest in reaching a reasonable solution.
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   I had instructed our outside attorney, Mr. Hughes, to take no action during the week I was away so that Mr. Anderson would have time to respond.
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   Mr. Anderson's reply would have been responded to on Monday in any event.
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   "You"--actually, the outside firm of Hickman, Stephens, Coleman & Hughes-- demanded on Jan. 27 that Mr. Anderson relinquish control of the domain and identity, The3DStudio.com, which he had worked for months to build up. "You" demanded he do this within 15 days.
   
   In the subsequent days Mr. Anderson tells us that he, as well as many users of The3DStudio.com who were immediately made aware of this very frightening situation, wrote "you" (Hickman and Autodesk) many urgent e-mails explaining the situation in detail and begging you to lay off. Apparently neither he nor any of the other writers received the slightest response from anyone at Hickman or Autodesk as the day-count rose towards 15.
   
   When a corporation like Autodesk demands that a person like Mr. Anderson give up within 15 days a big part of what he has worked very hard to build during the last several months, and then the corporation maintains a stony silence as the days creep towards the declared execution date, can you be surprised when it is taken as a declaration of war, to be taken quite seriously and acted upon with immediacy?
   
   I do not think your excuses for not responding ("I was out of town until the night of February 5, my remote e-mail was not working, and I didn't know he had responded to the earlier letter") are valid, given the very intense, aggressive and frightening wording of "your" threat, nor given the fact that there are many, many employees at Autodesk who could have responded--like the one ("The Super-user ") who finally did, Saturday, when RTMark came into the picture. Why did that person, whoever he or she is, not respond sooner to earlier pleas?
   
   And why did "your" initial letter demand that Mr. Anderson relinquish the domain and identity, The3DStudio.com, whereas the very conciliatory note from "The Super-user" said the issue was a "3D model on the www.the3dstudio.com web site"--an issue that Mr. Anderson says he took care of the very day it was brought to his attention two months ago?
   
   Why does "The Super-user" refer to "the 3D model," whereas you make it seem like there were a swarm?
   
   "The Super-user" [here]: >We are favorable to the steps taken by Mr. Anderson (removing the 3D
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   >actually wasn't ours but Mr. Anderson's. Because of >the name confusion our reputation was being severely >damaged. Hence the letter from the outside lawyer.
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   We did receive a swarm of e-mail complaints, and, as I explained to Mr. Anderson when he told me the problem had been long-since resolved, the writers apparently were not aware of his subsequent actions.

3. 3. RTMark: press release | Autodesk | The etoy Fund | Past projects

   www.yumyum.net/rtmark/autodesk - [Cached]

   Published on: 2/9/2000   Last Visited: 9/9/2000

   Matthew Anderson : webmaster@the3dstudio.com Autodesk, Inc. : martin.konopken@autodesk.com, rootcsh2@autodesk.com More information : http : //www.yumyum.net/rtmark/autodes, http : //www.yumyum.net/rtmark/netabus, etoy/eToys update : http : //www.yumyum.net/rtmark/etoynsi.
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   Within hours, Autodesk announced that it would relent from its suit, and on Monday morning Martin M. Konopken, Senior Corporate Counsel for Autodesk, officially informed Anderson and RTMark that all threats against The3DStudio.com were being withdrawn ; a link to The3DStudio.com was even placed on the Autodesk website. (See http : //www.yumyum.net/rtmark/autodes for full correspondence.).
   
   Now if they jump like that before being threatened, we will have achieved something nice, said RTMark spokesperson Ernest Lucha. But Lucha said that goal is still far away. So many companies are still behaving like thugs on the Web. The HMO Health Net is trying to destroy http : //www.healthnet.org /, founded in 1993 by a Nobel-winning cardiologist to connect doctors in the developing world ; Leonardo Finance is suing the thirty-year-old art magazine, Leonardo, for its name ; even the Vatican has gotten into the act, by stealing Vaticano.org from an artists' group with the complicity of Network Solutions [ the company that controls Internet domain names ]. We know of dozens of such cases. Each of these aggressors must be informed that they be vulnerable to attack just like eToys, and could easily lose it all in a matter of weeks. (E-mail addresses and information links can be found at the end of this release.).