beware of rattlesnakes sign in the badlands national park during spring

It’s hard being in court so much

1 November 2007

If you’re the owner(s) of Usenet.com, you must really feel in a pickle.

One the one hand, you might feel really good. This month, Sierra Corporate Design, Inc., managed to take to trial a lawsuit against David Ritz alleging that the use of DNS is illegal in the state of North Dakota. It’s been a long time to get here. The case was originally filed on 05/31/2005. So, two years, five months later, to the day, testimony wraps up, and your attorney is still flinging paperwork like there’s a ticker tape parade outside. (You can follow the fun like I have been by going here and clicking the top link.)

On the other hand, Usenet.com has been sued by the RIAA claiming that you’re only in business to help people violate copyrights. (You can see the complaint in two parts: Complaint Part 1, and Complaint Part 2)

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That’s a tough one, and we don’t blame you for wanting to avoid this one. The problem is, you can’t. Although, not for lack of trying (Return of Process Alleging Avoiding Service), you appear to be in this one. That’s gotta burn.

And someone says “WAIT A MINUTE!” Let’s all look over at this lonely soul so that the obvious question can be asked, and answered: “How are you linking the owners of usenet.com with Sierra Corporate Design, Inc.?”

Ooooo! Good question! Let’s start with the easy part. Have a look at this document. Now notice who the President of Sierra is: “Lesa Kraft” (paragraph 1). That’s the one where they’re suing someone for knowing how DNS works. Ahh! You want something more official than a sworn affidavit on a website? How about the corporate record? That’s found with the North Dakota Secretary of State (the system ID is “12862700″ or you can give the name “Sierra Corporate Design”). The registered agent is none other than “Lesa Kraft”. So, take your pick. Lesa Kraft is behind Sierra. (Things get a bit more murky if you go to Nevada because they’re using proxy officers down there.)

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Now, have a look at this Better Business Bureau report. Look at who the President of Usenet.com is. That’s right, it’s Lesa Kraft! And that Secretary of State record? Hit the link above and use the system ID “20522100″. And there she is again, as the registered agent. In fact, she’s even listed in Nevada. And keep your eye on the addresses in these two groups! It’s really unlikely that you’ll find two Lesa Krafts located at 4614 AMBER VALLEY PKWY, FARGO, ND.

So, you know. Maybe it’s not really that the process server was right about them avoiding service. Maybe they were just too busy with their OTHER court projects to accept service of process.

Mickey Chandler
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