David Waathiq, Mujaahid Waathiq, M. D. Waathiq, M. David Waathiq, Wattiq
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Oh Look, the DMCA's being abused. Again.

Here is a the notice they sent (and the full PDF version of the fax).

A weblog carrying an entry with the abovementioned subject has raised a valid issue regarding the attempt of Mr. Waathiq and his attorney to send a cease and desist order to google. com regarding copyright infringments as described per DMCA. We ask ourselves whether this attorney of Kronenberger & Associates will be paid by Mr. Waathiq (or WebTops) or whether Mr. Kronenberger will end up on the list of creditors like many other attorneys who were not paid by Mr. Waathiq for their past services.

It is interesting to note that Mr. Kronenberger is also a member of the management team at WebTops. You can read more about the link between Mr. Kronenberger and Mr. Waathiq on this page. We need to conclude that, if Mr. Kronenberger has written the content of the cease and desist notice, then Mr. Kronenberger is probably an attorney that does not do his homework before putting any claims in writing.

If Mr. Waathiq had properly informed Mr. Kronenberger about this site then Mr. Waathiq would have certainly told him that cease and desist notices will not bring the results that Mr. Waathiq desires because we are able to move any content to any location at any time. Unless Mr. Waathiq and Mr. Kronenberger are interested in sending hundreds of cease and desist notices each week to the many search engines for every additional incarnation of this site it seems that they are wasting their time with frivolous notices to google.com.

Mr. Waathiq also didn't seem to care to inform his attorney that the site www.worldwidewarning.net and davidwaathiq.worldwidewarning.net are not the same legal entity that he wishes to hold responsible and/or liable.

We have evidence that Mr. Waathiq is aware of that and as such have to question the accuracy of his cease and desist notice. Mr. Waathiq is well aware which party he can address regarding the worldwidewarning site but we also know that Mr. Waathiq does not wish to dispense with the resources to follow up on that.

We also know that Mr. Waathiq is afraid to take the legal action he would like to take (and has claimed many times before he had, has, or will be taking) because he would be dealing with matters way out of his league. We therefore conclude that the claim that our host, WWW, being operated anonymously is untrue and incorrect like many other claims and comments Mr. Waathiq regularly puts in writing.

Also notice how Mr. Waathiq in his earlier communications with google.com never brought up any issues of copyrights because he was, and still is, more concerned about the exposure of his activities and the collection of information and facts we present to the world to serve as a warning about this con-artist.

Mr. Waathiq has conveniently forgotten that those who created much of the content and material of which he now suddenly claims to own the copyright to were never paid and as such are still the original copyright owners (unless Mr. Waathiq wishes to prove otherwise by showing the contracts, transactions, and payments instead of bouncing checks drawn on his wife's account).

But we suspect that Mr. Waathiq has not disclosed any of those details to his attorney because it would not be in his best interest to do so. We have to conclude that once again this is another misguided attempt by Mr. Waathiq to bring down the exposure of his activities, this time by claiming copyright under the DMCA based on material that does not belong to any legal entity other than the nebulous claim that Mr. Waathiq is that legal entity.

We would like to thank Mr. Kronenberger for this official notice because it lists some of the various fraudulent businesses (which are not legally registered to do business) of his client while claiming copyright (and subsequent assets/value) of the material. We are certain that the trustee of Mr. Waathiq's many bankruptcy plans will be very interested in taking notice of this cease and desist notice where Exhbit A contains that Mr. Waathiq declares under penalty of perjury under the laws of the State of California that the content of the cease and desist notice is true, and correct.

Thank you Mr. Waathiq for officially putting that in print because it offers something of good value seeing as you have probably forgotten all the evidence and material we have on you (and prove the inconsistencies and inaccuracies in your claim).

It has already been proven in court like the 'Nunzir case' that Mr. Waathiq forges and creates fake documents such as those that gave him power of attorney over the pension funds of other people. Though Mr. Waathiq will probably discover that in the near future. Stay tuned for more news regarding this frivolous abuse of the DMCA.

More links relating to David Waathiq's attempted abuse of the DMCA...

A Preliminary Report on the Chilling Effects of "Cease and Desist" Letters By Tricia Beckles and Marjorie Heins concludes that; "In an April 14, 2004 letter from Waathiq & Associates' attorney to Google, Waathiq demanded that Google remove links and search terms relating to David Waathiq and leading to www.worldwidewarning.net, which contains numerous vociferous allegations against Waathiq's business practices. It is not clear how Google responded, since using David Waathiq as a search term still leads to the WorldWideWarning site. In this case, it doesn't seem that defamatory (but arguably true and therefore legal) expression about Waathiq was chilled."

On the Pierce Law IP News Blog Carey wrote; Alleging vague copyright violations over "personal photographs, graphics, web pages, titles and accompanying literary work, personal and business documents, business calling cards, in addition to text marketing language" the notice requests that Google remove all offending pages. Having looked at the site, which appears to be a site designed to warn unwary internet users about hucksters and charlatans, the initial appearance of this notice seems to be an attempt to silence speech and save Mr. Waathiq et. al. from having to file a defamation action. Last time I checked, this wasn't what the DMCA was intended to do.

We would like to thank Chilling Effects for publishing the original fax that Mr. Waathiq had his attorney send to google.com.


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