Jerusalem, May 19, 2000
'Post' threatens Irving over copyright
By Elli Wohlgelernter
JERUSALEM (May 19) - The Jerusalem Post has threatened legal action against Holocaust denier David Irving over his unauthorized use of Post articles on his Web site, in violation of copyright laws.
Irving denied receiving a letter from Clifford Chance, the Post's representative in the United Kingdom, but said that when he does, "my first move would probably be, if they were to go jump up and down about that, I would probably move it to a different Web site not based physically in the United Kingdom. I would give them a bit of a runaround, because I'm a great believer in free speech."
The Post is demanding that Irving immediately remove all links to the Post Web site (www.jpost.com), from his own site and that he produce a written apology and acknowledgement of his wrongdoing against the Post to be "displayed... in a prominent place on his Internet site for a period of not less than 28 days."
Irving said he does not "think The Jerusalem Post should be greatly offended. It's like if you get into a train car and find a copy of The Jerusalem Post left there by somebody before you. Is The Jerusalem Post going to jump up and down and say, 'Hey, you're not allowed to read that because you didn't pay for it?' I'm helping people read The Jerusalem Post several days after it's no longer on sale... I'm advertising The Jerusalem Post for free."
Rose responded to Irving's analogy by saying, "If I knew it was David Irving picking up that discarded copy, I might well jump up and down.
"Any remotely ethical Web publisher knows that outside postings must be made with the knowledge and consent of the Post, neither of which Irving had or even sought," Rose said.
"Almost without exception, the Post welcomes any content and distribution partner. Unfortunately for him, David Irving and his ilk are the exception."
We reproduce elsewhere on this website copies of e-mails received from Messrs Clifford Chance, London solicitors, in chronological order. They were first received on May 18, 2000; a fax message has also been received from them on May 18 in London (at which time Mr Irving is on the Pacific West Coast of the USA).