Please see this response for more context.
Dear Mr. Brown:
We represent the legal interests of our client, Mr. John Arlen De Goes, Maryland, USA.
For several years now, you have repeatedly defamed our client on the internet. Your public blog https://meta.plasm.us/posts/2019/09/01/jdg-and-the-fp-community/ specifically targets our client with the goal to publicly vilify our client. This blog can be easily found with the help of search engines like Google by just searching for the name of our client. On this blog, amongst other false statements, you falsely allege the following about our client:
(1) False statement:
“De Goes defending white supremacists and misogynists.”
Our client has never defended any white supremacists or misogynists. Our client does not believe in false concepts like white supremacy. Also, our client respects women and treats women and men as equals. Our client would never have the idea to defend white supremacists or misogynists.
(2) False statement:
“De Goes attacking critics and accusing them (especially women) of lying.”
Our client does not single out women and accuses them of lying. With the above allegation you again try to falsely portrait our client as a misogynist which our client certainly is not.
(3) False statement:
“De Goes engaging in targeted harassment, either directly (@druconfessions) or indirectly (e.g. via ClarkHat, a LambdaConf sponsor).”
Our client has never engaged in any targeted harassment. Harassing other persons would be illegal. Our client conducts himself professionally and treats other people with respect. Our client generally does not engage in illegal activities.
(4) False statement:
“The FCoP (…is) clearly designed to protect white supremacists like Yarvin.”
The FCoP is a code of conduct for professional communities that our client has created. The FCoP is clearly not designed to protect white supremacists. A summary of the principles of the FCoP can be found on the website of our client: https://degoes.net/articles/coc-review.
According to § 186 of the German Criminal Code you have the full burden of proof beyond a reasonable doubt that your above allegations about our client are true. It will be impossible for you to meet this burden against reality.
According to German law, you have violated our client’s personality rights by falsely and publicly making and spreading around – amongst others – the above quoted false allegations about our client.
According to § 1004 of the German Civil Code (BGB) in connection with § 823 BGB in connection with Art. 1(1), 2(2) of the German Constitution and according to § 1004 BGB in connection with § 823(2) BGB in connection with §§ 186, 187 of the German Criminal Code, our client has the right that you cease and desist from making and spreading around to third persons such false allegations. In order to fulfill our client’s cease and desist claims, you have to sign a cease and desist declaration with a penalty clause in it in case of future violations. Attached please find a draft for a possible cease and desist declaration that you may use to fulfill our client’s cease and desist claims. We will await your signed cease and desist declaration at the latest until July 10, 2020.
Ceasing and desisting also means deleting these false allegations from the internet.
In addition, you have to compensate our client for his out-of-court legal fees in the amount of 500.00 Euro that our client has already paid to our law firm. We will also await your compensation payment of 500.00 Euro to our following client trust account until July 10, 2020:
Owner of bank account: ZELLER & SEYFERT PartGmbB
Commerzbank, Frankfurt am Main
IBAN: XXXX XXXX XXXX XXXX XXXX XX
BIC: XXXX XX XX XXX
Reference: Attorney fees 2315-20
Further damages and other claims of our client shall remain reserved.
If we do not receive a signed cease and desist declaration and the above specified compensation payment until July 10, 2020, we will recommend to our client to enforce his legal claims in the responsible court of law in Germany. German courts have jurisdiction over this case.
We are looking forward to your response.
Attached please find this cease and desist letter as a PDF document. On the last page is the draft of the cease and desist declaration.
DR. CHRISTIAN SEYFERT, LL.M. (San Francisco, GGU)
German Attorney at Law . Partner
Certified IP Law Specialist
Certified Copyright & Media Law Specialist
Certified Specialist for International Business Law
ZELLER & SEYFERT
Law Firm PartGmbB
D-60327 Frankfurt am Main
T +49 (0) 69-58 80 972-40
F +49 (0) 69-58 80 972-31
ZELLER & SEYFERT Partnerschaft von Rechtsanwälten mbB
Registered seat: Frankfurt am Main, Germany
Managing Partners: Atty. Dr. Christian Hendrik Zeller and Atty. Dr. Christian Seyfert, LL.M. (San Francisco, GGU)
Partnership register: Local Court Frankfurt am Main, PR 2117