Computer underground Digest Wed Jan 27 1999 Volume 11 : Issue 06

Computer underground Digest    Wed  27 Jan, 1999   Volume 11 : Issue 06
                           ISSN  1004-042X
       Editor: Jim Thomas (cudigest@sun.soci.niu.edu)
       News Editor: Gordon Meyer (gmeyer@sun.soci.niu.edu)
       Archivist: Brendan Kehoe
       Proust Reader:   Etaion Shrdlu, Jr.
       Shadow-Archivists: Dan Carosone / Paul Southworth
                          Ralph Sims / Jyrki Kuoppala
                          Ian Dickinson
       Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
CONTENTS, #11.06 (Wed, 27 Jan, 1999)
File 1--GUARDIAN ANGELS AND C. SLIWA SUED BY FORMER CYBERANGELS FOUNDER
File 2--CyberAngels v. Guardian Angels Copyright Suit
File 3--Cu Digest Header Info (unchanged since 10 Jan, 1999)
CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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Date: Wed, 27 Jan 2020 16:20:54 -0800
From: "Colin Gabriel Hatcher" 
Subject: File 1--GUARDIAN ANGELS AND C. SLIWA SUED BY FORMER CYBERANGELS FOUNDER
((CuD MODERATORS' NOTE: A few years ago, CuD reported on the
activities of the "CyberAngels," a Net-watchdog group.  The
following updates the status of the group and its activities)).
PRESS RELEASE
FOR IMMEDIATE RELEASE - JAN 27 1999
GUARDIAN ANGELS AND CURTIS SLIWA SUED BY FORMER CYBERANGELS FOUNDER
Curtis Sliwa and the Guardian Angels were served with a lawsuit today for
copyright infringement, fraud, libel, and breach of contract.  Plaintiffs
Colin Gabriel Hatcher and Dominie Judge Kitaj, former high ranking Guardian
Angels for 16 years, are a husband and wife team who created and directed
the Guardian Angels' Internet program called "CyberAngels".
Hatcher and Kitaj are suing Sliwa and the Guardian Angels in the United
States District Court for the Northern District of California, USA, for
claims arising out of a dispute over ownership rights of materials written
by Hatcher and posted on the Guardian Angels' "CyberAngels" website, over
misleading tax advice, defamation and unpaid debts.
CYBERANGELS
In June 1995 Hatcher and Sliwa jointly conceived the idea of "CyberAngels",
an innovative on-line Internet safety project based on a "neighborhood
watch" concept.  For three years, Hatcher and Kitaj ran CyberAngels from
their apartment in California.  Hatcher has become a nationally recognized
expert in cyberspace safety education, with many TV, radio and media
appearances.  He has been an advisor to State Governments concerning
cyberspace legislation, has toured schools teaching on Internet safety
matters, and has spoken as a panel member at many Internet conferences,
including the Washington Online Summit in December 1997, attended by
Attorney General Janet Reno and Vice President Al Gore.
Hatcher and Kitaj severed all connection with the Guardian Angels and
CyberAngels in July 1998.  The Guardian Angels, who publicly claim that all
of its work is done by volunteers and who insisted for years that Hatcher
and Kitaj were volunteers (instructing them not to report business and
modest living expense reimbursements as taxable income), reversed its
position with respect to Hatcher and Kitaj being volunteers once they had
left the organization.
COPYRIGHT DISPUTE
Guardian Angels asserts that it has copyright ownership over materials
written by Hatcher because they now contend that Hatcher was a Guardian
Angels employee, not a volunteer.  Both Hatcher and Kitaj insist they were
full time volunteers for a host of reasons, including the fact that the
Guardian Angels did not pay them a salary, did not provide them any
employment benefits such as paid vacation, medical insurance, life
insurance, or disability insurance, did not withhold federal or state
income taxes from them, did not withhold social security taxes from them,
and did not withhold California state disability taxes from them.
Kitaj is suing for reimbursement of several thousand dollars which she
loaned to Guardian Angels to run various community service projects, and
which Guardian Angels now claims it does not owe her.
PRESIDENT'S SERVICE AWARD
In November 1998, Hatcher received word that he had been selected by the
Points of Light Foundation to receive the prestigious President's Service
Award for his volunteer work in cyberspace safety education.  However, the
Guardian Angels falsely represented to the Points of Light Foundation that
Hatcher was an employee of the Guardian Angels.  As a result of the
Guardian Angels' misrepresentation, Hatcher was deemed ineligible for the
award.  To add insult to injury, the thousands of hours of time that
Hatcher and Kitaj had devoted to cyberspace safety was credited to Sliwa
and the Guardian Angels.  Ultimately, the Guardian Angels were awarded the
President's Service Award, instead of Hatcher.
When Hatcher and Kitaj left Guardian Angels, the vast majority of
CyberAngels' active volunteer members left with them (85%), including
eleven (11) out of twelve (12) of CyberAngels' project Directors.  This
group of volunteers has now founded their own Internet non-profit
organization to continue their work online, called SafetyEd International
http://www.safetyed.org
of which Hatcher is President and CEO and Kitaj a Board member.
CONTACT
The lawsuit can be read in full at the following internet address:
http://www.safetyed.org/lawsuit.html
Requests for faxed or email copies of the full lawsuit can be made by email
to gabriel@safetyed.org or by telephone to 1 408 808 1462 (USA).
Colin Gabriel Hatcher & Dominie Judge Kitaj: 1 408 808 1462
   _____________________________________
"The rain it raineth on the just
And also on the unjust fella
But mainly on the just because
The unjust steals the justs umbrella."
(Bertholt Brecht)
------------------------------
Date: Wed, 27 Jan 2020 22:17:20 -0600 (CST)
From: Computer underground Digest 
Subject: File 2--CyberAngels v. Guardian Angels Copyright Suit
Source: http://www.safetyed.org/lawsuit.html
                                    LAWSUIT
   MANUEL A. MARTINEZ (SBN 115075)
   LESLIE V. CANCEL (SBN 160652)
   STEIN & LUBIN LLP
   600 Montgomery Street, 14th Floor
   San Francisco, California 94111
   (415) 981-0550
   Attorneys for Plaintiffs
   COLIN HATCHER and
   DOMINIE KITAJ
   UNITED STATES DISTRICT COURT
   FOR THE NORTHERN DISTRICT OF California
   SAN JOSE DIVISION
   COLIN HATCHER, an individual, and DOMINIE KITAJ, an individual,
   Plaintiffs,
   v.
   THE ALLIANCE OF GUARDIAN ANGELS, INC., a New York corporation; CURTIS
   SLIWA, an individual; and DOES 1-50,
   Defendants.
   )
   )
   )
   )
   No.
   COMPLAINT FOR COPYRIGHT INFRINGEMENT, CONTRIBUTORY COPYRIGHT
   INFRINGEMENT, VICARIOUS COPYRIGHT INFRINGEMENT, DECLARATORY RELIEF,
   LIBEL, INTENTIONAL MISREPRESENTATION, NEGLIGENT MISREPRESENTATION,
   BREACH OF WRITTEN CONTRACT, AND BREACH OF ORAL CONTRACT
   DEMAND FOR JURY TRIAL
   Plaintiffs Colin Hatcher ('Hatcher') and Dominie Kitaj ('Kitaj'), for
   their complaint, allege as follows:
   PRELIMINARY STATEMENT
   This is an action for infringement of Hatcher's federally-registered
   copyrights, for contributory copyright infringement, vicarious
   copyright infringement, libel, intentional misrepresentation,
   negligent misrepresentation, breach of contract, injunctive relief and
   declaratory relief. For over 16 years, Plaintiffs volunteered as
   '24/7's' being available 24 hours a day, seven days a week - without
   salaries - for The Guardian Angels, a New York based charitable
   organization founded by Curtis Sliwa ('Sliwa') in the early 1980's to
   promote public safety.
   In 1995, Sliwa and Hatcher, together decided to create and establish
   CyberAngels, a pioneering cyberspace neighborhood watch organization
   devoted to Internet safety that would expand the Guardian Angels range
   of activities and revitalize the Guardian Angels' public reputation.
   Since Sliwa knew nothing about the Internet or computers generally, he
   asked Hatcher to devote himself full-time to the creation, development
   and promotion of CyberAngels. Sliwa promised Hatcher and his wife,
   Kitaj, that they would be fully reimbursed for all living expenses as
   well as costs and expenses incurred in connection with their work on
   CyberAngels. Sliwa and The Guardian Angels treasurer (Sliwa's mother)
   also told Hatcher and Kitaj not to declare any money they received in
   any way from The Guardian Angels because they were only volunteers.
   From 1995 through June 1998, Hatcher and Kitaj devoted literally
   thousands of hours to CyberAngels, developing it into a model Internet
   safety program, garnering public accolades and enhancing the
   reputation of The Guardian Angels. Hatcher, an acknowledged expert in
   the Internet safety field, also allowed many of his personal writings
   on Internet safety to be posted on the CyberAngels website and to be
   used in CyberAngels programs.
   In mid-1998, Hatcher retained Parry Aftab, a self-declared 'cyberspace
   lawyer' to represent him in protecting his copyrights in certain of
   his personal written works, in documenting his and his wife's evolving
   relationship with The Guardian Angels, and to assist Hatcher and Kitaj
   in addressing and remedying financial and organizational practices by
   the Guardian Angels'organization. Aftab, however, not only failed to
   represent Hatcher's and Kitaj's interests, she divulged her
   confidential communications with Hatcher to Sliwa. Aftab then began to
   actively represent Sliwa and The Guardian Angels in their discussions
   with Hatcher and Kitaj, ultimately working with Sliwa to force Hatcher
   and Kitaj out of the CyberAngels program. Aftab then usurped Hatcher's
   position within CyberAngels, and asserted on behalf of The Guardian
   Angels full ownership of all of Hatcher's independently created work.
   Sliwa and The Guardian Angels rewarded Plaintiffs for their selfless
   efforts by falsely claiming that they had embezzled funds from the
   organization, refusing to honor oral and written promises to reimburse
   Plaintiffs for thousands of dollars in loans made to fund Guardian
   Angels' activities, claiming ownership of Hatcher's independently
   created written works, and leaving Plaintiffs to be subjected to
   significant tax penalties as a result of the false tax information
   given to them.
   Moreover, after Hatcher was selected to receive a Presidential Service
   Award for his volunteer work, Sliwa and other Guardian Angel
   representatives succeeded in having Hatcher stripped of the Award by
   falsely telling the selection committee that Hatcher was not a
   volunteer, but had been a highly compensated employee of The Guardian
   Angels who had embezzled funds, and convincing the committee that The
   Guardian Angels as an organization, and not Hatcher, should be
   honored. Sliwa and others within The Guardian Angels have continued
   their campaign of harassment against Hatcher and Kitaj by making
   libelous statements about Hatcher and Kitaj's honesty and integrity
   which have severely compromised Hatcher's reputation within the law
   enforcement and Internet safety community, continuing to use Hatcher's
   copyrighted work without his permission, and refusing to honor
   agreements to reimburse Plaintiffs for costs and expenses incurred in
   connection with the CyberAngels program. Moreover, Hatcher and Kitaj
   have been forced to hire accountants and pay considerable tax
   penalties due to erroneous tax information given to them by The
   Guardian Angels.
   THE PARTIES
   Hatcher is an individual residing in Santa Clara County, California.
   Kitaj is an individual residing in Santa Clara County, California.
   Defendant The Alliance of Guardian Angels, Inc. (hereinafter 'THE
   GUARDIAN ANGELS') is a corporation organized and existing under the
   laws of New York with its principal place of business located in New
   York, New York. At all relevant times alleged herein, THE GUARDIAN
   ANGELS, has maintained offices in San Francisco, San Jose, Los Angeles
   and Sacramento California and has been doing business and soliciting
   donations in the Northern District of California.
   Upon information and belief, defendant Curtis Sliwa ('Sliwa') is an
   individual residing in New York, New York. Upon information and
   belief, Sliwa is the President of THE GUARDIAN ANGELS and has
   supervised and controlled THE GUARDIAN ANGELS' illegal infringing
   activity alleged herein and has a direct financial interest in such
   infringing activity.
   Upon information and belief, Defendants DOES 1-50 are presently
   unknown individuals and entities who are doing business within this
   district and elsewhere and are engaged in the distribution of products
   which infringe on Hatcher's federally-registered copyrights. DOES
   1-50, along with Defendants THE GUARDIAN ANGELS and Sliwa hereinafter
   are referred to, collectively, as the 'Defendants.'
   Upon information and belief, DOES 41-50 supervised and controlled THE
   GUARDIAN ANGELS' illegal infringing activity alleged herein and have
   or had a direct financial interest in such infringing activity.
   Hatcher shall amend and/or seek leave to amend this Complaint to
   include the name or names of such individuals or entities if and when
   they are identified.
   JURISDICTION AND VENUE
   This Court has original jurisdiction over the subject matter of this
   action pursuant to 28 U.S.C. ' 1331 and 1338, and has pendent
   jurisdiction over all state law claims. This Court has personal
   jurisdiction over Defendants by virtue of their transacting and doing
   business in the State of California and in this judicial district, for
   the past 16 years. Venue is proper in this district pursuant to 28
   U.S.C. ' 1391(b) because a substantial part of the events giving rise
   to the claim occurred in this district.
   INTRADISTRICT ASSIGNMENT
   Pursuant to Local Rule 3-2(c), assignment of this case to the San Jose
   Division is appropriate because this action arises in Santa Clara
   County.
   FACTS COMMON TO ALL COUNTS
   Beginning in June 1995, Hatcher and Sliwa decided to create an
   Internet safety program analogous to a neighborhood watch program,
   staffed with volunteer Internet users who, through a variety of
   programs, would seek to make Internet use safer, especially for
   children. Sliwa had virtually no knowledge of the Internet, or
   computers, and asked Hatcher to volunteer his time to create the
   Internet safety program, to be named 'CyberAngels'. Hatcher agreed to
   volunteer all of his time to create the 'CyberAngels' program.
   CyberAngels subsequently became a dba for THE GUARDIAN ANGELS.
   Prior to the formation of CyberAngels, both Hatcher and Kitaj had been
   working as full-time volunteers with THE GUARDIAN ANGELS since 1989.
   They had both given up their careers in reliance on Curtis Sliwa's
   promise that their out of pocket expenses (personal and operational)
   would be covered by THE GUARDIAN ANGELS.
   From June 1995, until July 1998, THE GUARDIAN ANGELS and Sliwa left
   all decisions regarding what to post on the CyberAngels' website to
   Hatcher's discretion. Hatcher launched the CyberAngels program in June
   1995, and personally staffed the program, from his Los Angeles
   apartment. Hatcher and his wife, plaintiff Kitaj, lived in a high
   crime area in Los Angeles where Kitaj provided building security
   services as a Guardian Angel in exchange for free rent. Beginning in
   or about December 1995, Kitaj volunteered full time to help Hatcher
   run the CyberAngels program.
   From its inception in June 1995 through July 1998, Hatcher and Kitaj
   ran the CyberAngels program and made it a nationally prominent
   proponent of Internet safety issues. Under Hatcher's leadership and
   Kitaj's administration, CyberAngels provided online courses in
   Internet safety, founded the first Cyberstalking Advisory service,
   assisted and advised victims of online stalking and harassment, and
   assisted in creating KidsWeb Camp, an innovative project involving
   children from around the world in the world's first Cyberspace Summer
   Camp.
   Between June 1995 and July 1998. Hatcher wrote original written
   materials on the subject of Internet safety. Between June 1995 and
   July 1998, Hatcher posted much of his original written materials on
   THE GUARDIAN ANGELS' website. At all times that he posted such
   materials, Hatcher asserted his personal copyright to his original
   written materials and posted notice of his copyright ownership with
   his materials on the THE GUARDIAN ANGELS' website. THE GUARDIAN ANGELS
   never disputed Hatcher's copyright designations and never claimed
   ownership of any of Hatcher's original written materials.
   In January 1998, Hatcher published a book entitled 'Cyber Street
   Smarts'. 'Cyber Street Smarts' includes original written materials
   authored by Hatcher on the subject of Internet safety and includes
   much of the original written materials that Hatcher previously
   authored and posted on THE GUARDIAN ANGELS' website.
   On or about February 3, 2020, Hatcher registered 'Cyber Street Smarts'
   with the Writers Guild of America.
   On or about December 2, 2020, Hatcher met Parry Aftab at the
   Washington Online Summit where Hatcher was a speaker on an Internet
   safety panel. Aftab is an attorney with an office in Paramus, New
   Jersey and a self-proclaimed 'cyberspace lawyer'. During conversations
   at the Summit, Aftab advised Hatcher that she had admired his work but
   that she believed CyberAngels had a major public relations problem
   because of its connection with THE GUARDIAN ANGELS. Aftab informed
   Hatcher that she had left out all reference to CyberAngels in her
   recently published book on Internet Safety because of its affiliation
   with THE GUARDIAN ANGELS which she considered to be a highly
   controversial and questionable organization.
   After the Washington Online Summit, Hatcher and Aftab became friends
   and began to correspond by e-mail. Shortly after the Summit, Hatcher
   agreed to establish an Internet link from THE GUARDIAN ANGELS' website
   to Aftab's recently published book. Aftab agreed to provide Hatcher a
   recommendation for his law school applications.
   On January 13, 2020, Hatcher sent an e-mail to Aftab asking for her
   help because someone had stolen Hatcher's materials from THE GUARDIAN
   ANGELS' website and posted it as their own.
   On January 14, 2020, Aftab sent an e-mail to the offending party
   stating that she was 'legal counsel for CyberAngels' and demanding
   that the offending party cease and desist from using the stolen
   materials.
   On January 15, 2020, Hatcher sent an e-mail to Aftab asking her to
   represent him in negotiating and documenting an agreement between
   himself and The National Center for Missing and Exploited Children
   (NCMEC).
   On January 16, 2020, Aftab sent an e-mail back to Hatcher agreeing to
   represent him in the NCMEC contract matter.
   On January 19, 2020, Hatcher requested additional help from Aftab to
   stop the unauthorized use of his written work. Again, Aftab agreed to
   provide such legal aid.
   On March 16, 2020, Hatcher sent an e-mail to Aftab in which he advised
   her that he was working on obtaining substantial funding from
   Microsoft for CyberAngels and asked Aftab if she would be a reference
   for Hatcher.
   On March 17, 2020, Aftab sent an e-mail back to Hatcher in which she
   agreed to be a reference for Hatcher.
   Once Hatcher and Kitaj began finding sources of funding for the
   CyberAngels program and it appeared that the program would grow
   significantly in scope and public profile, Sliwa began taking more of
   an active interest in the CyberAngels program.
   On or about May 30, 2020, Hatcher attended an Internet safety
   conference in Seattle, Washington which Aftab also attended. While in
   Seattle, Hatcher asked Aftab if she would represent him and negotiate,
   on his behalf, with Sliwa and THE GUARDIAN ANGELS, regarding funding
   issues and establishing CyberAngels on a more appropriate legal
   footing, instead of the oral agreements and handshakes under which
   Sliwa always operated. Hatcher also requested that Aftab assist him
   and his wife in preparing a written agreement documenting the various
   oral agreements they had entered into with THE GUARDIAN ANGELS. Aftab
   told Hatcher that she would represent him in all of these matters and
   assured him that everything he discussed with her would be protected
   by the attorney-client privilege.
   Based on their attorney-client relationship, Hatcher candidly
   discussed with Aftab his concerns and his growing conflicts with Sliwa
   and THE GUARDIAN ANGELS. Hatcher confided in Aftab and told her that
   he and Kitaj were concerned that Sliwa might not be operating THE
   GUARDIAN ANGELS finances properly and that they did not want
   CyberAngels to get dragged down with THE GUARDIAN ANGELS if the
   Internal Revenue Service learned that THE GUARDIAN ANGELS was not
   complying with IRS regulations. Among other things, Hatcher described
   how Sliwa had made oral agreements on behalf of THE GUARDIAN ANGELS
   with Hatcher, Kitaj and others within THE GUARDIAN ANGELS, to
   reimburse them for business and living expenses and how they had been
   told not to report any of such reimbursements as income to the IRS.
   Aftab told Hatcher that she thought Sliwa and THE GUARDIAN ANGELS had
   not been acting legally and that she would arrange a meeting with
   Sliwa in New York to tell him that THE GUARDIAN ANGELS were in serious
   danger of losing their non-profit status unless they took steps to
   rectify the various legal issues that Aftab and Hatcher had discussed.
   During this meeting, Aftab also advised Hatcher that while she
   believed THE GUARDIAN ANGELS could potentially claim that Hatcher's
   original written materials belonged to THE GUARDIAN ANGELS under the
   'work for hire' doctrine, Aftab would negotiate with Sliwa and THE
   GUARDIAN ANGELS to ensure that Hatcher's personal copyright ownership
   of his original written materials that had been posted on THE GUARDIAN
   ANGELS website was retained and protected.
   On or about June 13-14, Hatcher and Aftab had further discussions
   about various legal issues that Hatcher asked Aftab to help him
   negotiate with Sliwa and THE GUARDIAN ANGELS.
   On June 16, 2020, Hatcher and Kitaj sent an e-mail to Aftab in which
   they outlined a proposed agreement with THE GUARDIAN ANGELS and Sliwa
   for Hatcher's continued operation of CyberAngels. Among the issues
   discussed in the e-mail were funding for CyberAngels, fund raising
   efforts, Hatcher's copyright ownership of his original written
   materials, joint ownership of written materials co-authored by Hatcher
   and others, a CyberAngels proposed board of directors, authority to
   representCyberAngels and related issues.
   Hatcher and Kitaj asked for Aftab's help in representing their
   interest in these matters. Hatcher and Kitaj are informed and believe,
   and allege on such information and belief, that Aftab held various
   meetings and discussions with Sliwa in or about July, 1998, in which
   she revealed to Sliwa the privileged information that Hatcher had
   confided to her, and in discussing with Sliwa her own legal analysis
   as to how THE GUARDIAN ANGELS could claim ownership of the original
   written materials prepared by Hatcher which had been posted on THE
   GUARDIAN ANGELS' website.
   Hatcher and Kitaj are informed and believe, and allege on such
   information and belief, that Aftab and Sliwa agreed among themselves
   that Aftab would represent the interests of Sliwa and THE GUARDIAN
   ANGELS in any negotiations with Hatcher and Kitaj.
   On June 19, 2020, Aftab sent an e-mail to Hatcher and Sliwa in which
   she described herself as counsel to SOC-UM [Safeguarding Our Children
   - United Mothers], a party joining with THE GUARDIAN ANGELS and
   CyberAngels to create a list of websites to be licensed to third
   parties for screening purposes. Aftab wrote that 'as counsel for
   SOC-UM I need to be certain that the CyberAngels' portion of the list
   and its arrangements with SOC-UM and third parties which are licensing
   the list are in correct legal form and duly authorized. Aftab also
   wrote that 'I have included my suggestions, as a friend, for resolving
   outstanding issues between you, as well as those things which must be
   done as part of correct corporate governance and smart business
   management.'
   Aftab went on to purportedly dictate what proposed organizational and
   operational changes were required by law for THE GUARDIAN ANGELS and
   CyberAngels. None of Aftab's proposals were made as an advocate for,
   or as a representative of, Hatcher and Kitaj's best interests and the
   proposals failed to consider alternatives which would also comply with
   legal requirements. Instead, virtually all of Aftab's proposed
   organization and operational changes were intended to favor Sliwa and
   THE GUARDIAN ANGELS.
   Over the next few weeks, Aftab switched sides and began representing
   Sliwa and THE GUARDIAN ANGELS interests adversely to those of Hatcher
   and Kitaj. For example, on June 26, 2020, Aftab sent an e-mail to
   Hatcher in which she set forth the terms that Sliwa asked her to
   convey to Hatcher and Kitaj for the operation of CyberAngels. Among
   other things, the proposal included a joint salary for Hatcher and
   Kitaj of $2,500 per month commencing on the date the agreement is
   signed, but required that Hatcher and Kitaj pay for all of
   CyberAngels' operational expenses (such as rent and utilities, travel,
   equipment, administration, etc.) out of their salary. In response,
   Hatcher and Kitaj sent an e-mail to Aftab in which they asked: 'Are
   you saying that if a person runs a 501c3 [charitable organization]
   from their apartment then the cost of the monthly rent is not
   permitted to be claimed as legitimate operating expenses - nor
   utilities? Or are you proposing that we could do it either way but
   that this way is the way you suggest is better? The only reason we are
   living in this highly expensive apartment rather than a cheaper,
   smaller one is: 1) Running CyberAngels needs a large office space - we
   have 3 desks, 2 computers, 3 filing cabinets, a photocopy machine,
   etc. 2) Security - we have thousands of $ of equipment here, so we
   have deliberately chosen a low crime area (more expensive). If we
   weren't running CyberAngels we would be living in a high crime area
   (all we could afford). 3) Need for a space presentable and
   professional for press interviews and media, suitable for filming etc.
   I do a lot of press. Likewise since we work all day here we use a
   higher amount of utilities here than we would if we commuted to an
   office. Therefore it seems to me a legitimate expense to claim at
   least a percentage of the apartment rent and utilities from the 501c3
   [charitable organization]. Is this an issue that Curtis and I just
   need to agree on? Or are you saying it is illegal to claim even a
   part?'
   In response, Aftab sent an e-mail to Hatcher on June 27, 2020, stating
   'Curtis took your rent into consideration when setting your salary. He
   could pay a portion of the rent, and a lower salary. The gross and net
   dollars are the same. He also took your utilities into consideration.
   You guys have been doing things so wrong for too long, that fixing it
   won't be easy.'
   Aftab's e-mails became progressively more hostile towards Hatcher and
   Kitaj and even more one-sided in favor of Sliwa and THE GUARDIAN
   ANGELS. On June 30, 2020, Hatcher and Kitaj wrote an e-mail to Sliwa
   and Aftab in which they again raised the issue of reimbursement for
   rent and utilities for CyberAngels. In response, Aftab sent an e-mail
   to Hatcher and Sliwa in which she wrote: 'Colin: I think you don't
   understand. There will be no reimbursement of expenses, other than
   special ones, and other than payment of an allotted phone bill. The
   salary was meant to cover everything. You'd also have to contact a tax
   advisor to tell you if the expenses are deductible.'
   On July 22, 2020, Sliwa sent an e-mail to Hatcher and Kitaj in which
   Sliwa responds to numerous issues that Hatcher and Kitaj had raised in
   an earlier e-mail to Sliwa. Hatcher and Kitaj are informed and
   believe, and allege on such information and belief, that Aftab wrote
   the July 22, 2020 e-mail for Sliwa. In his July 22, 2020 e-mail, Sliwa
   wrote that, 'All old arrangements have been superseded by the new
   terms which have been previously presented to you. These terms are not
   in addition to the old arrangements, they replace them, entirely.'
   In response to Hatcher and Kitaj's question as to why they should have
   to pay all basic operating expenses for CyberAngels out of their
   proposed $2,500 monthly salary, Sliwa wrote: 'It's not a matter of the
   benefit that this arrangement brings you, it is a matter of conducting
   the program and its funding legally, where to date it might not have
   been handled correctly. It has to be done this way.'
   In response to Hatcher and Kitaj's question as to why CyberAngels
   could not be run like all other Guardian Angels chapters regarding
   accounting matters, Sliwa wrote: 'CyberAngels is not a chapter of
   Guardian Angels, it is a program run by Guardian Angels. Things have
   to be handled as I have informed you. Parry [Aftab] has been asked to
   advise us on the CyberAngels program, and we don't need to get into
   how other segments of Guardian Angels are run. This is how CyberAngels
   will be run.'
   In response to Hatcher and Kitaj's request that THE GUARDIAN ANGELS
   acknowledge that 'all material currently on the CyberAngels website
   researched and written by me is owned by me, and that permission to
   post it on the CyberAngels website does not waive my rights of
   ownership', Sliwa wrote: 'All these materials are the property of
   Guardian Angels.' Sliwa also wrote that THE GUARDIAN ANGELS would not
   honor its prior agreement to reimburse Kitaj for over $18,000 that she
   loaned to CyberAngels for office furniture, computer software, and
   various administrative costs. Sliwa also refused to have THE GUARDIAN
   ANGELS fund the CyberAngels' program any further unless Hatcher and
   Kitaj agreed to the numerous points Sliwa made in his July 22, 2020
   e-mail.
   On July 23, 2020, Hatcher and Kitaj sent an e-mail to Sliwa in
   response to his July 22, 2020, e-mail. In his e-mail, Hatcher and
   Kitaj denied the implication that they had misappropriated funds and
   pointed out that they had been following the accounting reimbursement
   system that Sliwa had given to Hatcher and Kitaj when they first
   became full time volunteers for THE GUARDIAN ANGELS under which both
   personal and operational expenses were paid from donations received,
   that all accounts and receipts had been sent to THE GUARDIAN ANGELS'
   accounting department managed by Sliwa's mother, Frances Sliwa, and
   that Sliwa and his mother had approved and had full knowledge of THE
   GUARDIAN ANGELS' accounting reimbursement system.
   Hatcher also proposed that he should not be required to pay
   CyberAngels operating expenses from their proposed salary as they
   would be taxed by the IRS for those business expenses. They proposed
   that their proposed salary be for their personal expenses only and
   that business expenses be paid by CyberAngels.
   On July 24, 2020, Sliwa sent an e-mail to Hatcher and Kitaj regarding
   their July 23, 2020 e-mail in which Sliwa wrote 'The idiots STILL
   DON'T GET IT'. Hatcher and Kitaj are informed and believe, and allege
   on such information and belief, that Sliwa inadvertently sent his July
   24, 1998 e-mail to Hatcher and Kitaj and that it was intended to be
   sent to Aftab and others.
   Hatcher and Kitaj refused to accept Sliwa's proposals and severed
   their ties with THE GUARDIAN ANGELS in late July, 1998. Shortly after
   Hatcher and Kitaj's departure, Aftab assumed Hatcher's role as
   Executive Director of the CyberAngels program, using it as a platform
   to promote both the program, as well as her own writings and legal
   practice. Aftab further represented that she was legal counsel to
   Sliwa and THE GUARDIAN ANGELS.
   Beginning in or about July, 1998, THE GUARDIAN ANGELS, Aftab and Does
   1-50, took the position that Hatcher and Kitaj had been employees of
   THE GUARDIAN ANGELS and not volunteers.
   Hatcher was not an employee of THE GUARDIAN ANGELS. Hatcher never
   received a paycheck from THE GUARDIAN ANGELS. In fact, THE GUARDIAN
   ANGELS never asked Hatcher to sign a W-2 form, never withheld Federal,
   State or local taxes, and never paid the social security or FICA
   payments that an employer is required to pay for an employee. THE
   GUARDIAN ANGELS did reimburse Hatcher, at times, for room and board
   and other extremely modest business and living expenses. The value of
   the living expense reimbursements, if considered a wage, would result
   in a wage of less than 30 cents per hour.
   Kitaj was not an employee of THE GUARDIAN ANGELS. Kitaj never received
   a paycheck from THE GUARDIAN ANGELS. In fact, THE GUARDIAN ANGELS
   never asked Kitaj to sign a W-2 form, never withheld Federal, State or
   local taxes, and never paid the social security or FICA payments that
   an employer is required to pay for an employee. THE GUARDIAN ANGELS
   did reimburse Ms Kitaj, at times, for room and board and other
   extremely modest business and living expenses. The value of the living
   expense reimbursements, if considered a wage, would result in a wage
   of less than 30 cents per hour.
   Over a period of 9 years, THE GUARDIAN ANGELS never considered Hatcher
   nor Kitaj as employees until July 1998 when it had business disputes
   with Hatcher and Kitaj, when they left the organization and when THE
   GUARDIAN ANGELS concluded that it could assert ownership rights to the
   original written materials created by Hatcher and posted on THE
   GUARDIAN ANGELS' website if it characterized him as an employee.
   Beginning in or about August, 1998, THE GUARDIAN ANGELS and Aftab
   removed Hatcher's copyright notice from its website without Hatcher's
   permission and continued to post Hatcher's original written material
   on THE GUARDIAN ANGELS' website.
   On or about November 13, 2020, Hatcher formally revoked his permission
   to allow THE GUARDIAN ANGELS to continue to post his original written
   materials on its website and demanded that THE GUARDIAN ANGELS remove
   his work from its website. Despite Hatcher's demand, THE GUARDIAN
   ANGELS continues to post Hatcher's original written materials on its
   website, thereby willfully infringing on Hatcher's copyright.
   THE GUARDIAN ANGELS, under the supervision of Sliwa and Aftab,
   continue to post Hatcher's original written materials on its website
   in derogation of Hatcher's copyright. In posting Hatcher's original
   written materials on its website, THE GUARDIAN ANGELS, Sliwa and Aftab
   are blatantly attempting to evade enforcement of the federal copyright
   laws.
   COUNT I - COPYRIGHT INFRINGEMENT
   (Hatcher Against THE GUARDIAN ANGELS)
   Hatcher repeats and realleges the allegations in paragraphs 1 through
   53 above as if fully set forth herein.
   In or about June 1995 through July 1998, Hatcher created and wrote
   original materials which he posted on THE GUARDIAN ANGELS' website on
   the subject of Internet safety and in July 1998, Hatcher published
   much of his original written material, with additional original
   written material, in a book entitled 'Cyber Street Smarts'. 'Cyber
   Street Smarts' contains large amounts of material wholly original with
   Hatcher and are copyrightable subject matter under the laws of the
   United States.
   Hatcher has complied in all respects with the 1978 Copyright Act, 17
   U.S.C. ' 101, et. seq., and all other laws governing copyright, and
   secured the exclusive rights and privileges in and to the copyrights
   of 'Cyber Street Smarts' and received from the Register of Copyrights
   certificates of registration identified as follows: 'Cyber Street
   Smarts' - Registration No. TXU854211. Since June 1995, 'Cyber Street
   Smarts', or portions thereof, have been published by Hatcher and all
   copies of it made by Hatcher or under his authority or license have
   been published with notice of Hatcher's copyright. Since June 1995,
   Hatcher has been and still is the sole proprietor of all rights, title
   and interest in and to the copyright of 'Cyber Street Smarts', and all
   portions thereof.
   Commencing in or about August, 1998, Defendants have infringed
   Hatcher's 'Cyber Street Smarts' copyright by their unauthorized
   posting of Hatcher's 'Cyber Street Smarts' on THE GUARDIAN ANGELS'
   website in violation of 17 U.S.C. ' 106(3). Hatcher has notified THE
   GUARDIAN ANGELS that it has infringed Hatcher's copyright. Defendants'
   foregoing acts have caused and are causing great and irreparable
   damage to Hatcher.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT II - CONTRIBUTORY COPYRIGHT INFRINGEMENT
   (Hatcher Against Sliwa and DOES 1-50)
   Hatcher repeats and realleges the allegations in paragraphs 1 through
   62 as if fully set forth herein. The acts of Defendant Sliwa and DOES
   1-50 described above constitute contributory copyright infringement.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT III - VICARIOUS COPYRIGHT INFRINGEMENT
   (Hatcher Against Sliwa and DOES 41-50)
   Hatcher repeats and re-alleges the allegations in paragraphs 1 through
   64 as if fully set forth herein. The acts of Defendant Sliwa and DOES
   41-50 described above constitute vicarious copyright infringement.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT IV - DECLARATORY RELIEF
   (Hatcher Against THE GUARDIAN ANGELS)
   Hatcher repeats and re-alleges the allegations in paragraphs 1 through
   66 as if fully set forth herein.
   An actual controversy has arisen and now exists between Hatcher and
   THE GUARDIAN ANGELS concerning their respective rights and duties with
   respect to the original written material authored by Hatcher regarding
   Internet safety which has been posted on THE GUARDIAN ANGELS' website.
   THE GUARDIAN ANGELS now contend that Hatcher was an employee of THE
   GUARDIAN ANGELS and that Hatcher's original written materials,
   including 'Cyber Street Smarts' constitute a 'work made for hire'
   within the meaning of 17 U.S.C. ' 101. Hatcher contends that he was
   not an employee of THE GUARDIAN ANGELS. Among other things, THE
   GUARDIAN ANGELS:
   (a) did not control the manner and means by which Hatcher authored his
       original written materials;
       (b) did not provide, or pay for, all of the tools, including
       computer equipment, Hatcher used to author his original written
       materials;
       (c) did not have the right to assign additional projects to
       Hatcher;
       (d) did not control Hatcher's discretion over when and how long to
       work;
       (e) did not pay Hatcher a salary;
       (f) at all relevant times has publicly claimed on its website and
       elsewhere that all of its work is done by volunteers;
       (g) did not provide Hatcher any employment benefits such as paid
       vacation, medical insurance, life insurance, or disability
       insurance;
       (h) did not withhold federal or state income taxes from Hatcher;
       (i) did not withhold social security taxes from Hatcher; and
       (j) did not withhold California state disability taxes from
       Hatcher.
   Hatcher also contends that he is the exclusive owner of his original
   written materials previously posted on THE GUARDIAN ANGELS website and
   of 'Cyber Street Smarts' and that such works do not constitute a 'work
   made for hire' within the meaning of 17 U.S.C. ' 101.
   Hatcher desires a judicial determination of his rights and duties and
   a declaration that he is the exclusive owner of his original written
   materials previously posted on THE GUARDIAN ANGELS website and of
   'Cyber Street Smarts' and that such works do not constitute a 'work
   made for hire' within the meaning of 17 U.S.C. ' 101. A judicial
   declaration is necessary and appropriate at this time under the
   circumstances in order that Hatcher may ascertain his rights and
   duties as alleged herein.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT V - LIBEL
   (Hatcher and Kitaj Against THE GUARDIAN ANGELS, Sliwa and DOES 1-10)
   Hatcher and Kitaj repeat and re-allege the allegations in paragraphs 1
   through 70 as if fully set forth herein.
   At all times prior to the defamatory statements alleged herein,
   Hatcher has enjoyed a good reputation generally and in his field of
   youth work Internet safety.
   At all times prior to the defamatory statements alleged herein, Kitaj
   has enjoyed a good reputation generally and in her field of youth work
   and Internet safety.
   Immediately after Hatcher's and Kitaj's departure from THE GUARDIAN
   ANGELS, Sliwa and DOES 1-10 began publishing defamatory falsehoods
   about Hatcher and Kitaj.
   On August 4, 2020, THE GUARDIAN ANGELS, Sliwa and DOES 1-10 published
   and sent an e-mail to numerous existing and former volunteers, donors
   and law enforcement personnel associated with the CyberAngels program.
   In that e-mail, THE GUARDIAN ANGELS, Sliwa and DOES 1-10 implied that
   Hatcher and Kitaj had embezzled funds from THE GUARDIAN ANGELS, that
   Hatcher and Kitaj were 'well paid', and that they were inappropriately
   attempting to embezzle additional funds from THE GUARDIAN ANGELS by
   seeking reimbursement for trips to England. The e-mail states, in
   relevant part, 'CA [CyberAngels] had to be accountable to GA [THE
   GUARDIAN ANGELS], and make sure that it operates in accordance with GA
   standards. Unfortunately, no one at CA was giving GA the information
   it needed about CA's operations, or more importantly, funds collected
   by CA. . . . As part of a review of the CA program, there were several
   irregularities that Curtis [Sliwa] also discovered in the CA
   operation. These were brought to my attention. (Many more have been
   discovered since which we believe are far more serious. These will be
   pursued, unfortunately, in court.) . . . . Notwithstanding their
   claims, Gabriel [Hatcher] and Judge [Kitaj] were well paid every month
   by GA for their management and operation of the CA program. Judge is
   seeking to be reimbursed for personal expenses which she paid, not CA
   expenses, such as trips to England, etc.'
   The foregoing e-mail is libelous on its face. It clearly exposes
   Hatcher and Kitaj to hatred, contempt, obloquy and ridicule because it
   falsely implies that Hatcher and Kitaj had embezzled funds from a
   non-profit corporation, it falsely states that Hatcher and Kitaj had
   been seeking reimbursement from a non-profit corporation for a
   personal trip to England, it falsely states that Hatcher and Kitaj had
   been well paid for their management and operation of the CyberAngels
   program, and it falsely implies that Hatcher and Kitaj had been taking
   advantage of a non-profit corporation for their personal financial
   gain.
   Upon information and belief, THE GUARDIAN ANGELS, Sliwa and DOES 1-10
   have orally uttered and published similar falsehoods to others,
   including CyberAngels' volunteers and people in law enforcement who
   previously assisted Hatcher in his Internet safety work when he
   volunteered with THE GUARDIAN ANGELS, as well as Hatcher and Kitaj's
   personal bank manager, with whom Hatcher hoped to maintain good
   relations.
   Prior to his departure from THE GUARDIAN ANGELS, Hatcher was
   personally nominated for the President's Service Award for his
   outstanding voluntary service, particularly in the realm of Internet
   public safety.
   Upon information and belief, the Points of Light Foundation selected
   Hatcher to receive the President's Service Award and attempted to
   notify him of his selection in or about October, 1998. They contacted
   one of four original nominators, Steven Hilton, CEO of Webtex
   Technologies and informed him that Hatcher had been selected.
   Upon information and belief, the Points of Light Foundation could not
   locate Hatcher and attempted to contact him through THE GUARDIAN
   ANGELS' CyberAngels program.
   Upon information and belief, THE GUARDIAN ANGELS and DOES 1-10 falsely
   represented to the Points of Light Foundation that Hatcher was an
   employee of THE GUARDIAN ANGELS, not a volunteer, that he had
   embezzled funds from THE GUARDIAN ANGELS, and that he was undeserving
   of the President's Service Award.
   Upon information and belief, the Points of Light Foundation believed
   the false representations of THE GUARDIAN ANGELS and Does 1-10 and
   reversed its decision to award Hatcher the President's Service Award
   and was persuaded by THE GUARDIAN ANGELS to give the award to THE
   GUARDIAN ANGELS instead of to Hatcher.
   Upon information and belief, THE GUARDIAN ANGELS was awarded the
   President's Service Award as a result of its false representations
   about Hatcher.
   Hatcher and Kitaj left THE GUARDIAN ANGELS in July 1998 and have since
   established a new non-profit organization, SafetyEd International, to
   continue their work on Internet safety. As a proximate result of the
   above-described publications, many of the law enforcement personnel
   and CyberAngels volunteers who had previously worked with Hatcher and
   Kitaj will no longer communicate with Hatcher and Kitaj. In addition,
   some former CyberAngels volunteers have re-published the
   above-described publications in e-mails to others involved in Internet
   safety issues. As a proximate result of the above-described
   publications, Hatcher and Kitaj have suffered loss of reputation,
   mortification and hurt feelings all to their respective general damage
   and which have severely interfered with their ability to continue
   their work in the Internet safety field. As a further proximate result
   of the above-described publications, Hatcher has suffered the
   following special damages: loss of the prestige and honor of being
   awarded the President's Service Award and any monetary payment
   accompanying such award.
   The above-described publications were published by the defendants with
   malice, fraud and oppression in that THE GUARDIAN ANGELS, Sliwa and
   DOES 1-10 knew that the statements were false, but made the false
   statements with the intent to injure Hatcher and Kitaj by trying to
   convince the volunteers, donors and law enforcement personnel who had
   previously worked with Hatcher that he was untrustworthy, greedy, that
   he did not have at heart the safety and best interests of Internet
   users and that they should have nothing more to do with Hatcher and
   Kitaj. The above-described conduct of THE GUARDIAN ANGELS, Sliwa and
   DOES 1-10 therefore justifies awarding exemplary and punitive damages
   to Hatcher and Kitaj.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT VI - INTENTIONAL MISREPRESENTATION
   (Hatcher and Kitaj Against THE GUARDIAN ANGELS and Sliwa)
   Hatcher and Kitaj repeat and re-allege the allegations in paragraphs 1
   through 87 as if fully set forth herein.
   THE GUARDIAN ANGELS and Sliwa advised Hatcher and Kitaj that THE
   GUARDIAN ANGELS was a legitimate not-for-profit corporation with tax
   exempt status under 501(c)(3) of the Internal Revenue Code, that it
   used a certified public accountant, that Hatcher and Kitaj, just like
   many other THE GUARDIAN ANGELS volunteers who received reimbursements
   for business and living expenses, did not have to report such
   reimbursements to the Internal Revenue Service and did not have to pay
   taxes on such reimbursed expenses.
   The foregoing representations of THE GUARDIAN ANGELS and Sliwa were
   false and THE GUARDIAN ANGELS and Sliwa knew them to be false at the
   time the representations were made.
   Upon information and belief, the misrepresentations of THE GUARDIAN
   ANGELS and Sliwa were intended by THE GUARDIAN ANGELS and Sliwa to
   induce Hatcher and Kitaj and others to rely on them and not to report
   personal expense reimbursements as income so that THE GUARDIAN ANGELS
   and Sliwa could conceal from the IRS and state authorities its
   irregular accounting practices and so that THE GUARDIAN ANGELS and
   Sliwa could represent to donors and potential donors that 'no one in
   our group is paid a salary so every dollar you give goes directly
   towards getting Guardian Angels out where we belong - on your
   streets.'
   Hatcher and Kitaj were unaware that the representations of THE
   GUARDIAN ANGELS and Sliwa were false. Hatcher and Kitaj reasonably
   relied on THE GUARDIAN ANGELS' and Sliwa's misrepresentations and,
   until recently, never reported reimbursements for living expenses
   received from THE GUARDIAN ANGELS as taxable income.
   As a proximate result of the misrepresentations of THE GUARDIAN ANGELS
   and Sliwa, Hatcher and Kitaj have been required to hire a tax attorney
   to represent them, have been required to pay tax penalties, and have
   suffered other monetary damages in an amount to be proven at trial.
   The misrepresentations of THE GUARDIAN ANGELS and Sliwa were made with
   malice, fraud and oppression and were undertaken with the intent to
   injure Hatcher and Kitaj and therefore justify awarding exemplary and
   punitive damages to Hatcher and Kitaj.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT VII - NEGLIGENT MISREPRESENTATION
   (Hatcher and Kitaj Against THE GUARDIAN ANGELS and Sliwa)
   Hatcher and Kitaj repeat and re-allege the allegations in paragraphs 1
   through 94 as if fully set forth herein.
   THE GUARDIAN ANGELS and Sliwa advised Hatcher and Kitaj that THE
   GUARDIAN ANGELS was a legitimate not-for-profit corporation with tax
   exempt status under 501(c)(3) of the Internal Revenue Code, that it
   used a certified public accountant, that Hatcher and Kitaj, just like
   many other THE GUARDIAN ANGELS volunteers who received reimbursements
   for business and living expenses, did not have to report such
   reimbursements to the Internal Revenue Service and did not have to pay
   taxes on such reimbursed expenses.
   The foregoing representations of THE GUARDIAN ANGELS and Sliwa were
   false and THE GUARDIAN ANGELS and Sliwa had no reasonable grounds to
   believe them to be true at the time the representations were made.
   Upon information and belief, the misrepresentations of THE GUARDIAN
   ANGELS and Sliwa were intended by THE GUARDIAN ANGELS and Sliwa to
   induce Hatcher and Kitaj and others to rely on them and not to report
   personal expense reimbursements as income so that THE GUARDIAN ANGELS
   and Sliwa could conceal from the IRS and state authorities its
   irregular accounting practices and so that THE GUARDIAN ANGELS and
   Sliwa could represent to donors and potential donors that 'no one in
   our group is paid a salary so every dollar you give goes directly
   towards getting Guardian Angels out where we belong - on your
   streets.'
   Hatcher and Kitaj were unaware that the representations of THE
   GUARDIAN ANGELS and Sliwa were false. Hatcher and Kitaj reasonably
   relied on THE GUARDIAN ANGELS' and Sliwa's misrepresentations and,
   until recently, never reported reimbursements for living expenses
   received from THE GUARDIAN ANGELS as taxable income. As a proximate
   result of the misrepresentations of THE GUARDIAN ANGELS and Sliwa,
   Hatcher and Kitaj have been required to hire a tax attorney to
   represent them, have been required to pay tax penalties, and have
   suffered other monetary damages in an amount to be proven at trial.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT VIII - BREACH OF WRITTEN CONTRACT
   (Kitaj Against Sliwa)
   Kitaj repeats and re-alleges the allegations in paragraphs 1 through
   100 as if fully set forth herein.
   On June 12, 2020, in Hollywood, California, Kitaj and Sliwa entered
   into a written contract. Pursuant to the terms of the written
   contract, Kitaj agreed to purchase for CyberAngels a PowerComputing
   computer system for the sum of $2,300 to be paid for with her credit
   card. Sliwa agreed to repay Kitaj the principal sum of $2,300, plus
   interest accumulated on her credit card, at a rate of $120 per month
   on the eighth day of each month starting June 8, 2020 until the
   principal and accumulated interest were paid in full. Pursuant to the
   terms of the contract, the computer belonged to Kitaj until Sliwa had
   fully reimbursed her for its costs, plus interest.
   Sliwa breached the written contract by failing and refusing to make
   any of the monthly payments beginning in August, 1998.
   As a direct and proximate result of Sliwa's breach of his contractual
   duties, Kitaj has been damaged in a sum to be proven at trial.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT IX - BREACH OF ORAL CONTRACT
   (Hatcher Against THE GUARDIAN ANGELS)
   Hatcher repeats and re-alleges the allegations in paragraphs 1 through
   104 as if fully set forth herein.
   In or about September 1991, Sliwa, on behalf of THE GUARDIAN ANGELS,
   asked Hatcher to give up his job as a teacher to become a full time
   volunteer for THE GUARDIAN ANGELS. THE GUARDIAN ANGELS, through Sliwa,
   offered to reimburse Hatcher for basic living expenses - food,
   clothing and shelter - if Hatcher would become a full time volunteer.
   Hatcher agreed and gave up his job to become a full time volunteer.
   Over the next several years, until late July, 1998, Hatcher was a full
   time volunteer for THE GUARDIAN ANGELS and THE GUARDIAN ANGELS
   reimbursed Hatcher for basic, and very modest, living expenses and
   business expenses.
   On or about July 24, 2020, THE GUARDIAN ANGELS repudiated its prior
   oral agreement and refused to reimburse Hatcher for his living
   expenses or for his business expenses which had been incurred on
   behalf of THE GUARDIAN ANGELS.
   As a direct and proximate result of Sliwa's breach of his contractual
   duties, Hatcher has been damaged in the sum to be proved at trial.
   WHEREFORE, plaintiff prays for relief as set forth below.
   COUNT X - BREACH OF ORAL CONTRACT
   (Kitaj Against THE GUARDIAN ANGELS)
   Kitaj repeats and re-alleges the allegations in paragraphs 1 through
   109 as if fully set forth herein.
   In or about January 1992, Sliwa, on behalf of THE GUARDIAN ANGELS,
   asked Kitaj to give up her job as a Galleries Assistant/Security
   Officer for the Marlborough Fine Art Museum in London, England to
   become a full time volunteer for THE GUARDIAN ANGELS. THE GUARDIAN
   ANGELS, through Sliwa, offered to reimburse Kitaj for basic living
   expenses - food, clothing and shelter - if Kitaj would become a full
   time volunteer. Kitaj agreed and gave up her job to become a full time
   volunteer.
   From approximately January 1992 through October 1994, and from
   December 1995 until late July, 1998, Kitaj was a full time volunteer
   for THE GUARDIAN ANGELS and THE GUARDIAN ANGELS reimbursed Kitaj for
   basic, and very modest, living expenses and business expenses.
   On or about July 24, 2020, THE GUARDIAN ANGELS repudiated its prior
   oral agreement and refused to reimburse Kitaj for her living expenses
   or for her business expenses incurred on behalf of THE GUARDIAN
   ANGELS.
   As a direct and proximate result of Sliwa's breach of his contractual
   duties, Kitaj has been damaged in a sum to be proved at trial.
   WHEREFORE, plaintiff prays for relief as set forth below.
   ON COUNT I
   That the Court grant an order providing for the seizure of any and all
   copies, whether in computer format or hard copy, of Hatcher's original
   written materials; any and all business records (including but not
   limited to computer data) relating to the publication, posting, sale,
   distribution, advertisement, promotion, and/or offering for sale of
   such original written materials and/or other articles involved in THE
   GUARDIAN ANGELS' use of Hatcher's copyrighted original written
   materials; and any and all brochures, prints, packages, wrappers,
   receptacles, mailers, advertisements, promotional materials and other
   written materials relating to same; and
   That THE GUARDIAN ANGELS be required to account for all gains, profits
   and advantages derived by THE GUARDIAN ANGELS by such infringement and
   pay such profits over to Hatcher or to pay to Hatcher such damages
   sustained by Hatcher arising from the foregoing acts of infringement,
   as plaintiff shall ultimately elect;
   That Defendants and their officers, agents, servants, employees,
   representatives, attorneys, related companies, successors, assigns and
   all others in active concert or participation with them, be
   permanently enjoined and restrained from infringing in any manner
   Hatcher's copyright interests in his original written materials,
   including 'Cyber Street Smarts' and, in particular, from; posting,
   copying, distributing, selling, offering for sale, advertising and/or
   promoting for sale Hatcher's 'Cyber Street Smarts';
   From taking any action likely to cause confusion, mistake or deception
   on the part of Internet users, purchasers or consumers the approval by
   Hatcher of the Defendants' unauthorized posting of Hatcher's 'Cyber
   Street Smarts' and from otherwise misappropriating that which
   rightfully belongs to Hatcher.
   For its attorneys' fees;
   For statutory damages for THE GUARDIAN ANGELS' willful copyright
   infringement.
   ON COUNT II
   That Defendants Sliwa and Does 1-50 be held jointly and severally
   liable with THE GUARDIAN ANGELS for its copyright infringement.
   ON COUNT III
   That Sliwa and DOES 41-50 be held jointly and severally liable with
   THE GUARDIAN ANGELS for its copyright infringement.
   ON COUNT IV
   For a declaration that Hatcher is the exclusive owner of his original
   written materials previously posted on THE GUARDIAN ANGELS website and
   of 'Cyber Street Smarts' and that such works do not constitute a 'work
   made for hire' within the meaning of 17 U.S.C. ' 101.
   ON COUNT V
   For general damages against THE GUARDIAN ANGELS, Sliwa and Does 1-10
   in an amount to be proven at trial.
   For special damages against THE GUARDIAN ANGELS, Sliwa and Does 1-10
   in an amount to be proven at trial.
   For punitive and exemplary damages against THE GUARDIAN ANGELS, Sliwa
   and Does 1-10 in an amount to be proven at trial.
   ON COUNT VI
   For general damages against THE GUARDIAN ANGELS and Sliwa in an amount
   to be proven at trial.
   For punitive and exemplary damages against THE GUARDIAN ANGELS and
   Sliwa in an amount to be proven at trial.
   ON COUNT VII
   For general damages against THE GUARDIAN ANGELS and Sliwa in an amount
   to be proven at trial.
   ON COUNT VIII
   For money damages against Sliwa in an amount to be proven at trial.
   ON COUNT IX
   For money damages against THE GUARDIAN ANGELS in an amount to be
   proven at trial.
   ON COUNT X
   For money damages against THE GUARDIAN ANGELS in an amount to be
   proven at trial.
   ON ALL CAUSES OF ACTION
    1. For plaintiffs' costs of suit; and
    2. That plaintiffs have such other and further relief as the Court
       deems just.
   Dated: December 29, 2020 STEIN & LUBIN LLP
   By:
   Manuel A. Martinez
   Attorneys for Plaintiffs
   COLIN GABRIEL HATCHER and
   DOMINIE KITAJ
   PLAINTIFFS DEMAND A JURY TRIAL
   SafetyEd International Website
------------------------------
Date: Sun, 10 Jan 2020 22:51:01 CST
From: CuD Moderators 
Subject: File 3--Cu Digest Header Info (unchanged since 10 Jan, 1999)
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End of Computer Underground Digest #11.06
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