I finally herd back from MR.Nelson ( Tims Lawyer) I sent him a copy of the E-mail and this is what he had to say.
-----Original Message-----
From: Brett Nelson [mailto:
[email protected]]
Sent: Thursday, February 19, 2004 9:39 AM
To:
[email protected]
Cc:
[email protected];
[email protected]
Subject: RE: About Brett Nelson ( Attorney) (not spam)
Mr. Scharphorn:
Please note my correct e-mail address, in case you no longer have it in your records from our previous communications. I discussed this matter with Mr. Bowles when the first e-mail you sent to my firm finally made its way to me at the correct address. To be direct, I don't believe the e-mail you have forwarded is what you received from Mr. Bowles. Instead, I believe the e-mail you forwarded has been altered and that it originally was clearly from Mr. Bowles to you and suggested that you contact me directly (and provided my contact information) in the event that you had any further questions about the e-mail Mr. Bowles sent. I don't believe Mr. Bowles represented that he was me or that the e-mail was from my firm. If he did so in the way that you suggest, it would not only be improper but would be a very poor attempt indeed, given that (even in the version you forwarded) his name appears at the bottom of the e-mail and it came from an e-mail address unassociated with me or my firm.
In response to your questions: The e-mail message you referenced was not from me and was not from my firm. It does not appear that you believed to the contrary. The e-mail has nothing to do with how I or my firm "do business". You may not purport to be me. If you would like to hire someone to provide advice as to whether it is lawful for you to impersonate an attorney, you will have to look elsewhere as such representation would conflict with my representation of Mr. Bowles.
If your goal was to stimulate a conversation between myself and my client and draw attention to your copyright infringement, you have succeeded. You should be aware that there are significant statutory damages available for copyright infringement. Mr. Bowles has not yet hired me to represent him regarding his copyright infringement claim, though I would surely provide that service if he asked. Indeed, I might be willing to do so on very favorable terms given your actions to date.
Please don't hesitate to contact me directly with any additional questions or concerns.
Very truly yours,
Brett E. Nelson
Plews Shadley Racher & Braun
1346 N. Delaware St.
Indianapolis, IN 46202
(317) 637-0700
(317) 637-0713 Fax
http://www.psrb.com
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