MY EFFORTS TO REFUTE THE 281st AHC
ASSOCIATION'S
CLAIM OF OWNERSHIP OF MY DOMAIN NAME
To my fellow members of the 281st Assault Helicopter Company Association, Inc.,
As much as I did not want it to come to this, the reality of
this situation is, if I don't formally challenge the Association's claim of
ownership to my domain name, after a few years I would have no case for my own
ownership, because I didn't formally challenged their claim. (If that makes
sense. Legally it is referred to as "the
doctrine of laches".) Civil courts assume that if the first party
knows about another claim to something they own by a second party and does
nothing to resolve the counter claim, then that first party forfeits their claim
of ownership after some years. Because it has been three years since the
Association changed their by-laws claiming ownership of my domain name, and they
have ignored my other requests to correct their error, I really had no choice in
the matter but to submit a formal petition to change the by-laws, so that the
Association acknowledges my challenge to their claim of ownership.
Some background information for you. After my forced resignation as
Vice-President of the Association in May of
2002, members of the EB rewrote the Association By-Laws and included a statement
(Article IX, Section 1, paragraph c.) that the Association owns the Internet domain name that rightfully belongs to
me. That domain name is "281stAHC.org". I purchased and registered that
domain name on 26 October 1999 from NameSecure (see document below) using my personal credit card,
which was billed on 27 October 1999 to reflect that purchase (see document
below). See the
other documents shown below also. For security reasons I have removed account number
and other personal information, which I'm sure all of you will understand. I
have also removed the exact amount I paid for my domain name so no one can
create phony receipts to reflect that I was reimbursed by the 281st AHC
Association for the said domain name, because I was NOT.
If you are attending the Association's General Membership business meeting in
St. Louis, MO in August, 2005, you should be asked to vote on changing the
by-laws of the Association to remove my 281stAHC.org domain name, according to
my petition, which is also shown below. Therefore, I am sharing with everyone my
proof of ownership from 1999. (I do have credit card statements and proof of
payment for the subsequent years, but the original purchase should be all that
is necessary.)
I have tried for almost three years to get the Association EB to remove my domain name
from Article IX of their by-laws,
since they knew when they added it to the By-Laws in September 2002 that I owned that domain name
(click here for a 19 March 2002 email to the EB, and another
email from
28 March 2002 to Jack Green, Assn. President, as well as this email from
4 June 2002 to Jack Mayhew, Assn. Founder, with emphasis added to
paragraph 3) because I spent much of early 2002 making it perfectly
clear to Jack Green, the Assn President, and the other EB members that I own my domain name and website.
Not to mention they have purchased two domain names of their own, including "281stAHC.com", which they
do not use except as a rollover URL. With full knowledge and proof that I
owned the domain name, as well as EB acknowledgement of such, some EB members
intentionally included it in their by-laws revisions in September of 2002. I was ignored by previous Presidents to
correct the by-laws, so this year I was told by President Stagman that if I
wanted the by-laws changed I would have to write a formal petition for the
change in accordance with Article VII of the by-laws. You should have received
the Association's letter concerning this matter, but I have also shown my
petition below, along with my proof of ownership of the domain
name "281stAHC.org". (You can see the Association Secretary's
response to my submission below.)
An Association committee has been appointed by President Stagman to again
"investigate" the question of ownership of my Intruder Website domain name. Barrister Marshall Hawkins is chair of their committee, but
names of any other members have
been kept secret. I have provided the same proof of ownership to Barrister
Hawkins and President Stagman that I am providing here to you my fellow members.
There are some ugly, biased rumors being spread by some members who are
obviously uninformed about the facts of this matter, probably because they were
not even involved in the early business of the Association. They are saying that
there was an "understanding" of some sort with me that when I became the
Association's Webmaster in July 1999, I also gave my already existing Intruder
Website to the Association. Let me go on record here and say, nothing
could be further from the truth. If Jack Mayhew, Fred Mentzer or Jack
Green (the men who founded this current 501c19 nonprofit veterans organization)
had even hinted to me that they thought I was handing over control of my Website
to become the "Association's Website" I would NOT have become involved with
them, or the 281st AHC Association. In 1999 the newly formed Association needed
me to continue developing my Intruder Website because they didn't know anyone
else who could build a website. And they quickly realized guys were online and
finding my Anglefire "Intruder" Website. Since I was already busy with my
Intruder Website, I just put the Association's By-Laws and other business onto to my
already existing Intruder Website on Anglefire which was a free web hosting service. I
continued to try to serve and help the Association for three years. I also
helped Fred Mentzer and Bob Mitchell learn how to create Platoon Websites and I
linked to their websites. See how they thank me for helping them and the
Association.
In retrospect, my biggest mistake was not building the Association their own
separate website to post their business material on. But hindsight is 20/20. I have
since built websites for other Intruders, John Galkiewicz and Jack Serig had
their many stories published to my website originally, but having learned my lesson,
I created their own websites which are totally
separate from my Intruder Website, and I am only linked to theirs.
I have often stated that my Intruder Website is my contribution to my fellow
Intruders, meaning that it is my way of keeping the memories alive and providing
a place for ALL Intruders to share their memories, stories and pictures with
each other. I never meant that my Website was my donation, or gift for
their ownership,
to the business organization called the 281st AHC Association, Inc.. The Association
numbers only slightly over 300 members, many of whom were given free memberships
during a membership drive back in 2000. When I left office most of the Intruders
who had been given free membership did not renew by paying dues the following year,
but are still listed, as are deceased members, on the Association's membership
rolls.
In late 2001 when pressured to share control of my website with other EB
members, I told Jack Mayhew that some day when I was tired of, or incapable of
maintaining my Intruder Website, I would consider giving control of it to the
Association. However, the EB decided in early 2002 that they wanted my
website right then, and of course I said; "NO absolutely not!". Even
though at that time I was your elected Vice President and Webmaster, I was forced
to resign.
My point here is to provide every member with proof that I own the 281stAHC.org
domain name. I hope all of you realize that the Association could put in their
by-laws that they own the Brooklyn Bridge, but that would not make it true. My
petition was for the purpose of correcting the existing Association By-Laws and
that will be a matter to be voted on by the entire membership. As much as
I would like my fellow members to see my view point and agree with my petition
to remove my domain name from the by-laws, I at least have made my claim, and
regardless of how the vote actually goes it will not change the fact that
I own the Internet domain name "281stAHC.org".
Finally gentlemen, I ask you to ask yourselves these questions, or better yet -
ask the Executive Board. Why does the Association want or need my "281stAHC.org"
domain name? What harm is my domain name or my Intruder Website doing to the
Association that they continue to pursue their claim of ownership for three
years, when they own two domain names of their own? Why does the EB continue to
be so dissatisfied with their own "Official" Association domain names and
website?
I ask you to support my petition to remove "281stAHC.org" from Article IX,
Section 1, paragraph c. of the Association's By-Laws. (BTW: That whole article
was added in September 2002, six months after I resigned as webmaster. A
copy of the approved By-Laws as of 10 May 2002 is at
this link.)
Thank you for your time,
Steve Matthews
"Rat Pack 15" 6/68-6/69
281st AHC Association Life Member #L008
My E-Mail Confirmation from NameSecure of My Domain Name Registration, October 1999
My Credit Card Bill Showing Payment for Domain Name Registration to NameSecure, October 1999
NameSecure's Record of My Domain Name Registration Renewal Until 2012
My Petition Requesting Correction of the Association By-Laws
The Association Secretary's Reply to Submission of My Petition
An Excerpt from the Association's Current By-Laws
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
281st ASSAULT HELICOPTER COMPANY ASSOCIATION, INC.
BY-LAWS
ARTICLE IX-OWNERSHIP AND RIGHTS
Section 1. The 281st AHC Association declares the right of ownership of any
and all materials, files and/or research done for the Association by
appointed/elected officers on behalf of the Association. This right extends to,
but is not limited to:
a. Copyrights on the Association Website and all materials contained
therein, unless otherwise noted on the individual material. Pictures
donated to the Webmaster for inclusion on the Official Website will remain the
property of the individual unless expressed otherwise at the time of the
donation.
b. All databases and lists researched by individuals appointed by the
Association.
c. Ownership of the domain names:
281stAHC.org and
281stAHC-Assn.org.
d. All historical
materials and/or memorabilia donated by individuals to the Association.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Proof of Ownership of My Domain Name
The Association's action to keep me
silenced