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Author Topic: Linda Ellis Files Stalking Complaint Against Matthew Chan  (Read 1045 times)

Matthew Chan

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Linda Ellis Files Stalking Complaint Against Matthew Chan
« on: February 16, 2013, 02:53:08 AM »
As some of you already know, there was a bit of legal drama for me today.

On Feb. 13, 2013, Linda Ellis (Author of The Dash Poem) drove 2 hours to Columbus GA and personally filed a stalking complaint against me. 

http://www.scribd.com/doc/125745638/Linda-Ellis-Stalking-Complaint-Against-ELI-s-Matthew-Chan

The papers were served to me today by a Deputy Sheriff.  There was no drama between myself or the Deputy. It was entirely cordial. He did a mandatory reading of the order which was fairly clear and understandable. Quite frankly, most of it was easy to follow given the fact that Linda and I have never met, spoken, faxed, or exchanged emails. I have also never come close to driving to her house or neighborhood.

A "Stalking Ex Parte Temporary Protective Order" was issued to me.  A hearing has been set for Feb. 28, 2013. I am required to appear before the judge.

Her central complaints revolve around so-called "death threats", the posting of her and her family's personal information (all publicly accessible and Google indexed), April Brown's forum topic title "we are coming after you", and the open discussion of driving by her subdivision to take a photo of her house.  Keep in mind these are HER complaints and HER interpretation. Clearly, I disagree with these complaints.

As I've said before, Linda exaggerates, takes sentences out of context, and basically twisting the truth.  Linda is trying to hold me accountable for the disagreeable content on this discussion forum.

My team has been contacted and received a scanned copy of the court papers. So there will be a lot of brainpower at work.

However, in the days to come, I will be asking my supporters and the ELI Community for financial contributions, testimonial letters, recommendation letters, extra eyes and ears, and help to reach bloggers and the press to cover this case.
« Last Edit: February 16, 2013, 03:31:00 AM by Matthew Chan »
http://Defiantly.net is Here! Matthew Chan Unleashed! Under the First Amendment, I have the right to share opinions using rhetorical hyperbole, colloquialisms, symbolism, snark, sarcasm, epithets, & combative language. Under Section 230 of CDA, I am only responsible for posts I write, not others.

scraggy

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #1 on: February 16, 2013, 07:23:09 AM »
Funny - the most personal and damaging ( in terms of resources and time wasted )  counter attack on Matthew came from a lone female poet - Linda Ellis, and not from a large company with unlimited resources, such as Getty.

( I also wrote some lame half sentence about an additional copyright troll here in Israel, and their lawyer immediately threatened me with a libel suit.)

I found this article very useful in understanding a little about "Stalking as Basis for Temporary Protective Order in Georgia "

http://www.avvo.com/legal-guides/ugc/stalking-as-basis-for-temporary-protective-order-in-georgia

I found this part relevant

Quote
A TPO can also be subject to abuse and, unfortunately, is often a tool used by one party who is only looking only to gain some leverage in an unrelated matter, get some sort of revenge

Here we have an Internet Forum representing the victims of copyright troll - Linda Ellis. The forum is highly critical of her "business model", greed, aggressive and immoral  harassment of churches, funeral homes, etc. It's an Internet forum that is attempting to cause her financial damage by educating the public,  all within the realms of free speech. It doesn't break privacy or libel laws. The absolute last thing it does is threaten Linda in any way, or cause her to have a genuine fear for her physical safety. Her complaint is bogus and aimed at shutting mouths!  Surely, the judge will see that this comes nowhere near what constitutes stalking as envisaged by the law, and is only an attempt to harass Matthew. Linda's ulterior motives will be clear. Matthew has never even so much has contacted her in any way!

One would certainly hope that the judge will award heavy costs against Linda Ellis for abusing the court system to make totally false and very serious accusations in order to prevent criticism of her methods.

I don't know if this is relevant. On the complaint form - see section 3. The handwriting above the arrow - "boasts about driving by......" is distinctly different from the handwriting style of the above sentence  - "posted threats of death..." 

She has asked the court to "order respondent to receive appropriate psychiatric or psychological services " ! Can the court order Linda Ellis to receive these services? It would seem to me that she needs them more than Matthew ! What on earth does she stand to gain here??  No judge is going to silence an Internet forum by issuing a restraining order!

Nontheless, Matthew has better things to do with his time!
« Last Edit: February 16, 2013, 07:29:18 AM by scraggy »

Matthew Chan

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #2 on: February 16, 2013, 08:51:25 AM »
Scraggy,

You provided one of the things I needed just now.... some quality Internet research and insights.  I liked how you found the TPO can be abused to gain leverage on an unrelated matter. I also liked how you found a link also. A team member had mentioned that.  Another thing to notice is how stalking is generally used in family-related law, not two people who have never met or directly communicated with each other before.

I also like the analysis you provided regarding why the Linda Ellis/Linda's Lyrics/Dash Poem forum even exists and why so many of us participate and post to it.

And yes, I do find it ironic how a lone poet 2 hours away can waste more of my time and energy these last few weeks than the larger companies.

I did notice two different handwritings. I don't know who filled out most of the initial form but the add-on part about boasting about the drive-by appears to be Linda's handwriting.  And no, it doesn't really matter who filled out the forms as long as it is Linda who showed up in person to sign it.
http://Defiantly.net is Here! Matthew Chan Unleashed! Under the First Amendment, I have the right to share opinions using rhetorical hyperbole, colloquialisms, symbolism, snark, sarcasm, epithets, & combative language. Under Section 230 of CDA, I am only responsible for posts I write, not others.

Matthew Chan

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #3 on: February 16, 2013, 09:10:40 AM »
Because I'm out of town this weekend on a personal matter, my available time is spotty at best.  If anyone has some extra time to do research and analysis on the various O.C.G.A.'s (Official Code of Georgia Annotated) quoted in the posted court papers, it would help me get a head start.

On a different note, if anyone is ever confused about what taking arrows in the back for others means, this whole situation is a clear case of it when I am trying to fight for the freedom of speech platform we are allowed here but continue to have to pay the price to have.
http://Defiantly.net is Here! Matthew Chan Unleashed! Under the First Amendment, I have the right to share opinions using rhetorical hyperbole, colloquialisms, symbolism, snark, sarcasm, epithets, & combative language. Under Section 230 of CDA, I am only responsible for posts I write, not others.

UncleJohnsBand

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #4 on: February 16, 2013, 09:42:20 AM »
I am just starting to get my arms around this.   There are much better legal researchers than me, but I am going to try to post some stuff here for everyone to read.

This one is OCGA 16-5-94.  It comes right from the State of Georgia's website.  Evidently it is one part of the code Linda is citing as a reason for the TPO.

http://sos.ga.gov/votesafe/pdf/16-5-94%20Restraining%20Order.pdf

O.C.G.A. § 16-5-94
GEORGIA CODE Copyright 2009 by The State of Georgia All rights reserved.
*** Current through the 2009 Regular Session ***
TITLE 16. CRIMES AND OFFENSES CHAPTER 5. CRIMES AGAINST THE PERSON ARTICLE 7. STALKING
O.C.G.A. § 16-5-94 (2009)
§ 16-5-94. Restraining orders; protective orders (a) A person who is not a minor who alleges stalking by another person may seek a restraining order by filing a petition alleging conduct constituting stalking as defined in Code Section 16-5-90. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition. (b) Jurisdiction for such a petition shall be the same as for family violence petitions as set out in Code Section 19-13-2. (c) Upon the filing of a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that stalking by the respondent has occurred in the past and may occur in the future, the court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from stalking. If the court issues an ex parte order, a copy of the order shall be immediately furnished to the petitioner. (d) The court may grant a protective order or approve a consent agreement to bring about a cessation of conduct constituting stalking. Orders or agreements may: (1) Direct a party to refrain from such conduct; (2) Order a party to refrain from harassing or interfering with the other; (3) Award costs and attorney's fees to either party; and (4) Order either or all parties to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of stalking. (e) The provisions of subsections (c) and (d) of Code Section 19-13-3, subsections (b), (c), and (d) of Code Section 19-13-4, and Code Section 19-13-5, relating to family violence petitions, shall apply to petitions filed pursuant to this Code section, except that the clerk of court may provide forms for petitions and pleadings to persons alleging conduct constituting stalking and to any other person designated by the superior court pursuant to this Code section as authorized to advise persons alleging conduct constituting stalking on filling out and filing such petitions and pleadings.

scraggy

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #5 on: February 16, 2013, 09:42:57 AM »
Some definitions of the law:

Found this from "Court of Appeals of Georgia", GARNSEY v. BUICE.

http://caselaw.findlaw.com/ga-court-of-appeals/1542428.html

Quote
To obtain a protective order based on stalking, the petitioner must establish the elements of that offense by a preponderance of the evidence.3 Stalking is defined as “follow[ing], plac[ing] under surveillance, or contact [ing] another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.”4

“[H]arassing and intimidating” means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose.5

The definition ( 4 ) comes from here - OCGA § 16-5-90(a)(1)

which can be found here

http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-7/16-5-90/

2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 5 - CRIMES AGAINST THE PERSON
ARTICLE 7 - STALKING
§ 16-5-90 - Stalking; psychological evaluation

Quote
(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term "place or places" shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

UncleJohnsBand

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #6 on: February 16, 2013, 09:53:25 AM »
I think (and hope) that several of us are diving into this.  Matthew if some of these replies we are putting up contain redundant information, please feel free to delete anything redundant that I post.

http://law.justia.com/codes/georgia/2010/title-16/chapter-5/article-7/16-5-90/

This is the section of the Code that Linda has sworn under oath that Matthew violated which in turn is her justification for the TPO.

O.C.G.A. 16-5-90 (2010)
16-5-90. Stalking; psychological evaluation


(a)(1) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the terms "computer" and "computer network" shall have the same meanings as set out in Code Section 16-9-92; the term "contact" shall mean any communication including without being limited to communication in person, by telephone, by mail, by broadcast, by computer, by computer network, or by any other electronic device; and the place or places that contact by telephone, mail, broadcast, computer, computer network, or any other electronic device is deemed to occur shall be the place or places where such communication is received. For the purpose of this article, the term "place or places" shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term "harassing and intimidating" means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear for such person's safety or the safety of a member of his or her immediate family, by establishing a pattern of harassing and intimidating behavior, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made.

(2) A person commits the offense of stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, standing order issued under Code Section 19-1-1, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the harassment or intimidation of another person, broadcasts or publishes, including electronic publication, the picture, name, address, or phone number of a person for whose benefit the bond, order, or condition was made and without such person's consent in such a manner that causes other persons to harass or intimidate such person and the person making the broadcast or publication knew or had reason to believe that such broadcast or publication would cause such person to be harassed or intimidated by others.

(b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor.

(c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than ten years.

(d) Before sentencing a defendant for any conviction of stalking under this Code section or aggravated stalking under Code Section 16-5-91, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender. At the time of sentencing, the judge is authorized to issue a permanent restraining order against the offender to protect the person stalked and the members of such person's immediate family, and the judge is authorized to require psychological treatment of the offender as a part of the sentence, or as a condition for suspension or stay of sentence, or for probation.
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #7 on: February 16, 2013, 09:55:56 AM »
Here is a link to an article where someone was served like Matthew was by a person they had never met.   I believe this is a Georgia case.  It is an interesting story and the author recommends that the person in Matthew's position also file a counter suit for Abuse of Process and Harassment.   

Countersuit...hmmm, I believe that is part of the ELI playbook.

http://www.justanswer.com/law/78cix-man-i-ve-met-filed-o-c-g-a-16-5-90-against.html


scraggy

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #8 on: February 16, 2013, 09:57:42 AM »
Here's a link worth reading including a lawyer's advise to someone who is facing bogus complaints.

http://www.justanswer.com/law/78cix-man-i-ve-met-filed-o-c-g-a-16-5-90-against.html

some snippets

Quote
under O.C.G.A. §16-5-90, the accuser must allege with "specificity" the date, time, location, conduct and words spoken by the individual he is accusing that put him in fear of bodily injury, or made him feel threatened. An accuser cannot make general blanket statements such as, "She was stalking me"

Quote
after the evidence is presented to the Judge, your attorney should ask the Judge to Order the Plaintiff to submit to psychological and/or psychiatirc evaluation and the report submitted to the Judge.

Quote
your Attorney should file Counterclaims on you behalf and on behalf of your ex husband against this individual for Abuse of Process, Harassment, and intimidation and demand payment by him of all your Attorneys' fees.


Matthew Chan

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #9 on: February 16, 2013, 10:00:46 AM »
I cut and pasted all the relevant codes related to stalking in Georgia from the LexisNexis source. I've done some reading but far from done.

http://www.scribd.com/doc/125772279/Georgia-Stalking-Law-OCGA
http://Defiantly.net is Here! Matthew Chan Unleashed! Under the First Amendment, I have the right to share opinions using rhetorical hyperbole, colloquialisms, symbolism, snark, sarcasm, epithets, & combative language. Under Section 230 of CDA, I am only responsible for posts I write, not others.

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #10 on: February 16, 2013, 10:36:45 AM »
In Linda's Petition she has to cite (and I assume later prove in court) that Matthew knowingly and willfully committed act(s) of stalking as defined by OCGA 16-5-90.  In this section of the Petition Linda wrote:

"Posted threats of death" -- I am not a lawyer and I know that words matter, but I don't see anything on here that looks to me like a "threat of death".

"Posted home address and family and personal info with statements such as:  "we are coming after you".  Well, April did start a thread that titled, "Ellis - Get Ready - WE ARE COMING AFTER YOU!!!!!!!!!!!!!!!!!"   April and others made it clear in that thread that they were going to try to help someone fight a $100K trolling attempt.   So, if you break this statement into its two parts:

1.  "Posted home address and family and personal info:"   I believe that everything posted came from public databases.  Can someone show me the law that says information in public databases cannot be linked to or quoted?

2.  "...with statements such as: 'We are coming after you".   Well it WASN'T Matthew that posted that statement and it is clear to any reasonable person reading that thread that thread was about supporting someone who was engaged in an adversarial process with Linda and not about "coming after her" in any physical sense.

3.  On that side of that page there is handwriting I can't quite make out, "Boasts about driving by subdivision and photos of my home and daughter's employment (not sure I got that last word right).   What does the place of her daughter's employment have anything to do with anything.   Again, posting Google images that can be linked to is legal.   And Matthew never boasted about driving by her subdivision, he simply commented that he had to go near the subdivision on his way to a social function.

I hope that the burden of proof is on her to prove what she wrote out.   It also strikes me that this is a part of her pattern:

From the beginning:

1.  Filing false DMCA take-down notices to YouTube to get videos taken down on April's YouTube channel.  By definition the DMCA notice was false because Linda didn't fight April's rebuttal.

2.  Filing false DMCA take-down notices to Scribd to have documents in the ELI library removed.

3.  Writing a letter to the employer of April Brown's husband accusing him of ethics violations (I'd like to see her explain that one to a judge)

4.  Interfering in the contractual relationship Matthew had with his former hosting provider that resulted in a significant amount of work to be done.

5.  Filing a TPO Petitition that makes absolutely no sense.

I don't know if judges consider patterns of behavior, but Linda's pattern of making wacky legal accusations should be considered by whatever judge has this case.

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #11 on: February 16, 2013, 11:53:06 AM »
It's kind of ironic that this won't stop much of the reporting on the issues.
If I understand it correctly, the law only prevents direct contact/ direct physical contact.

S.G.


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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #12 on: February 16, 2013, 12:17:15 PM »
Linda Ellis has declared  herself a public figure. Ellis believes herself to be an internet sensation and has willingly created this gusher she is trying to cap off.

All of the information posted on ELI is readily available from her own Facebook account, Lindaellis.net, Google, Amazon, and those of us who share her writings. Ellis has enjoyed many years of secrecy and freedom to intimidate and harass. ELI has now connected people and some of these people are willing to run this race to a very public finish. All those screen captures, video and documents will be carried into court for evidence of her tyranny.

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #13 on: February 16, 2013, 12:27:18 PM »
It's kind of ironic that this won't stop much of the reporting on the issues.
If I understand it correctly, the law only prevents direct contact/ direct physical contact.

S.G.

I agree.  I am still getting educated, but it seems as if Linda Ellis is trying to get a court order that:

1.  Prevents Matthew from being within 1000 feet of her.   Now keep in mind that Linda and Matthew have never EVER met each other face to face.

2. Prevents Matthew from calling her.  Now keep in mind that Linda and Matthew have never spoken on the phone.

3. Prevents Matthew from paging her.  Now keep in mind that Linda and Matthew have never paged each other and I doubt either one owns a pager.

4. Prevents Matthew from e-mailing her.  Now keep in mind that Linda and Matthew have never exchanged emails.  After Linda read the emails she sent to April, Linda stopped harassing April through email.

5.  Prevents Matthew from sending her mail through the USPS.  Now keep in mind that Linda and Matthew have never contacted each other through the USPS.

What the hell!   

Does Linda really expect the court to strip Matthew of his right to free speech on his own web site that Linda never has to visit?

Then you look at how much Linda has actually screwed with Matthew and April's business. 

1.  Contacting April's clients and trying to get them to abandon her
2.  Contacting April's husband's employer and trying to accuse him of an ethics violations
3.  Filing false DMCA take-down notices to YouTube and Scribed
4.  Interfering with the contractual relationship Matthew had with his former hosting provider
5.  Filing this ridiculous Protective Order
6.  Filling up April's inbox with threats to take her to court
7.  Calling April

So, again help me understand.  Who needs to be protected from whom?   Linda is petitioning to stop Matthew from doing things he has NEVER done while Linda has done all of the things she is accusing Matthew of to both Matthew and April (with the exception of death threats -- Linda hasn't gone that far and I doubt she will).

Huh?

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Re: Linda Ellis Files Stalking Complaint Against Matthew Chan
« Reply #14 on: February 16, 2013, 12:40:26 PM »
My favorite section of the Code that Mathew posted:

O.C.G.A. 16-5-92 Applicability

The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity of lawfully engaged in the practice of a profession.


I don't have a copy of the Constitution handy, but all I see on this forum is what I would call free speech and I think that is covered fairly well in the Constitution.

 

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