Thursday, June 27, 2013

SCEI-1BLOOD and Iyel Bey once again demand Cease and Desist against SCEI-1BLOOD Fraud!

Author Clayton Luce while at the cult
Once again a Ceast and Desist Notice (SEE BELOW PAGE) has been given and delivered in First Class Mail. It is merely a more comprehensive archiving of infringement and other legal claims against us in the form of a "final" Cease and Desist. Why they continue to make legal notices and allegations while refusing to present an attorney or competent counsel or simply filing a lawsuit remains unknown.

 For whatever reason SCEI-1BLOOD MULTIMEDIA ARCHIVES are now being used as a fictitious entity representing itself as though before a court while being represented by Iyel Bey. Mr. Bey at this time, in accordance with the more literal hard line maritime law beliefs, likely associated with the broader views of the Washitaw Nation and other organizations, including many darker more sinister groups and individuals who attempt to use international loopholes and national laws to exist within a depatriated status, being recognized publicly as citizens of several nations or no nations at all existing as human Sovereigns purely. 


This has been a very common theme I have noticed for as long as I dealt with them. A gentleman who I will not name at this time, but who was a brilliant legal mind and may or may not have been from a devious past, counseled Kenneth Jackson and assisted in this form of legal wizardry which deals in Powers and Principalities and the navigation of both civil and maritime law. I am very familiar with it and studied it for sometime. In fact, I practice it here because I represent myself as myself. I invoke those powers granted to me and use them so that YOU, the READER and you the reader both get the truth about Kenneth D. Jackson, Sr., Smoke Jackson and any others knowingly or willingly manipulating, damaging and/or controlling the powers and principalities of individual humans without fear, because I know the truth and the truth will prevail, whether our individual circumstances end up well or not.


As for privacy notices, there is no privacy between myself and Iyel Bey. When Mr. Bey chose to interfere in the freedom of the press, to break the free flow of vital and important information between the members of the SCEI-1BLOOD CultWatch and all others, and to attempt to strike a blow against survivors of cult abuse, the press, you the world, and your right to know.  I am fighting for the freedom of speech to speak up when crimes are being committed and peoples lives are being put in danger due to things like medical mal-practice, extortion, theft, intimidation and even murder such as that which has been documented on www.SCEI-1BLOOD.me. 

Through the escape of survivors a great number of crimes have been and continue to be uncovered. I have, since day one,  made all legal notices, disclosures and other information public so that should they attempt to assassinate me and succeed, there will exist a body of evidence, and a public outcry, to final bring these criminals to justice. Enough lives have been destroyed, enough money has been stolen and enough people have died due to belief in a sociopathic cult leader. 


-Clayton L Luce



MY RESPONSE TO IYEL BEY'S CEASE AND DESIST


ORIGINAL TEXT BY IYEL BEY IN BLACK FONT. RESPONSE OF CLAYTON L LUCE IN RED FONT



PRIVATE
THIS IS NOT A PUBLIC COMMUNICATION
IT CONTAINS INFORMATION IDENTIFYING MINORS
WHICH HAS BEEN POSTED PUBLICLY WITHOUT PERMISSION.
SUCH PRIOR POSTING GRANTS NO IMMUNITY FOR
CONTINUED OR FUTURE DISCLOSURE OF THE IDENTITIES
DOCUMENTED IN THIS NOTICE

Notice to Agent is Notice to Principal

Notice to Principal is Notice to Agent

Applicable to all successors and assigns
Silence is Acquiescence/Agreement/Dishonor

Iyel Bey, Secured Party for

SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES

without prejudice

c/o 5 Joyce Drive

Macon, [31217]

Georgia

FORMAL NOTICE AND DEMAND TO
CEASE AND DESIST INFRINGEMENT ACTIVITY


DATE JUNE 25, 2013

CLAYTON L. LUCE, individually and
dba EMAGYN MEDIA COMPANY, and
dba GSS ALLIANCE
dba NOMORE1BLOOD
333 Tina Drive
Macon, GA 31217

(hereinafter collectively referred to as "CLAYTON L. LUCE", “you”, “your” and “yours”)


VIA: Certified Mail Return Receipt # 7011 1570 001 2540 7438

ORIGINAL TEXT BY IYEL BEY IN BLACK FONT. RESPONSE OF CLAYTON L LUCE IN RED FONT


[Paragraph A]
It has come to my attention that you are in possession of and have made unauthorized use of SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES copyrighted materials. Sovereign Church of ‘ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES has never been verified to me as possessing any registered copyrights to my work or any work I ever produced during my time working both as a private photographer with authorization to take photographs of church events. No contracts were ever signed, and had they been would have been based in the same kind of deceptions and false pretenses as virtually every other dealings conducted by the “church.” I was never at any time bound to any sort of allegiance to any man or obligation. I bound and ally myself to God first and my Country second,  which the Administration of SCEI-1BLOOD falsely claimed to represent. While I can respect its right to practice its religion freely as protected under our US Constitution, I do not believe those rights extend to religious sects who cause physical, mental or emotional harm to human beings, steal, murder, or subvert through false pretenses or by claiming to be worshipping one thing, when in reality they are worshipping another and deceiving their flocks or members. 

[Paragraph B]
It has also come to my attention that you have used electronic copies of audio, documents, photographic and video documentation obtained from the SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES and of the work entitled A CLOSER LOOK (collectively, the "Works") in the preparation of works derived therefrom. SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES has reserved all rights in the Works, which have been consolidated and stored physically in the Church archives since 1979, and first published in electronic form in 2009 at http://www.'elohiym.org. First off, ELOHIYM.org went up in 2011 as I led the Web Development Team and put the site up and populated it. Secondly very little of the information on the site was being published for the first time, or distributed on www.elohiym.org. Most of that was just generic rehashing and a blog for new propaganda stories, not much more. It was a PR solution to exist while the larger framework was built up. Things like CRANEW, EPOS, and the 1BLOOD Creed had been published for years. 

I have repeatedly stated my position on this and will so once more. I either filmed or edited the majority of the content of that movie in a creative collaboration with both Kenneth D Jackson and Iyel Bey.  In classic fashion Mr. Jackson was once again very concerned that Mr. Bey would not be able to create and complete the project on time or in a fashion that would impress him. He saw the footage being filmed so far was coming off as some sort of weird cartoon rather than the serious and impressive feature length investigative documentary that Mr. Jackson had dreamt up. I, eager to help the cause was quickly “assigned” to filming and producing the remainder of the documentary. I did so with my own recording equipment, computers, and other various properties.

 It immediately became clear that a propaganda film was being produced so I directed my efforts towards that agenda. For those who have not seen the film, you will not likely be able to sit through it. While entertaining at some points it is largely just a giant video reel of Mr. Jackson glorifying himself or his operations through the scripted and pre discussed praise of the various characters in the film. Iyel was playing the role of an eccentric caricature of himself who claimed to be an independent investigative journalist investigating the mighty “Dr. J” due to public demands and rumors. No such demand existed, except within the church and Mr. Jacksons small network of scams full of people who wondered why such a powerful organization as SCEI-1BLOOD wasn’t getting any legitimate press attention despite the fact that it claimed to have developed a global food security plan and had hundreds of thousands of acres of rapidly producing rice fields and harvesting operations.

 I did not play in the film, although my father did as well as a number of others, as I was behind the scenes and creating the final product. Iyel contributed to the film by filming and editing the short narrative videos and creating music for those portions as well. He also had the responsibility of transposing many different files, clippings, photographs, etc. onto digital films and creating well-made photo montages and splicing together hours and hours of African footage. I created logos, soundtracks, most of the local video content, provided narrative voiceovers, final splicing and editing, local photography and general post production responsibilities including making video DVDs, packaging and designing them. 

There was never any sort of contract of release or any other legal issues, which are standard in virtually any legitimate documentary film or any other type of film. All parties acted as free agents and I operated as Emagyn Media Company, the name applied to all of my creative works and equipment / facilities used to create them. My logo and personal credits appear at both the beginning and end of the film as well as the Emagyn name. Although the end of the film credits state “Copyright of SCEI-1BLOOD” or whatever it said, I never had any sort of standing agreement with Mr. Jackson or Mr. Bey in regards to intellectual property or what portions of my work and contributions would be exclusive to whom.


[Paragraph C]
Your variously titled video and photographic works which appear on your web sites, at, but not limited to;
are essentially identical to items taken from the Works and clearly use the Works as their basis.

[Paragraph D]
In reference to :
VIMEO
These are short excerpts taken from a film created by Iyel Bey and edited by me. There is also a video filmed and edited by me. They are being used here for the purpose of news, education, criticism, teaching, not for profit use and to show evidence of a crime.

Under Section 107 of the Copyright Act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. The video made solely for the purpose of education, study, review or critical analysis.

[Paragraph E]
BLOGSPOT
All above pictures of members were taken by me with my own cameras with the permission of the property owners and film subjects. At no time did I relinquish my own rights to creative material and have only reproduced them for the purpose of education, study, review or critical analysis protected under Section 107.

This is just a picture I snapped of Smoke walking towards the sanctuary during Feast of Tabernacles 2011 with my own private camera. Covered by Section 107
This was a picture I snapped of Smoke and KD during FOT 2011 as I thought it was interesting how they always walked in step. I shot several series on different days of this phenomenon. Covered by Section 107.
This is a picture I took on introductory night same FOT.  Covered by Section 107.

This is a picture I took at FOT 2001. Covered by Section 107.

Photo taken by someone in Africa. Placed on my harddrive by KD himself. For informational purposes. Covered by Section 107
Photo taken by someone in Africa. Placed on my harddrive by KD himself. For informational purposes. Covered by Section 107

Photo taken by someone in Africa. Placed on my harddrive by KD himself. For informational purposes. Covered by Section 107

Photo taken by someone in Africa. Placed on my harddrive by KD himself. For informational purposes. Covered by Section 107

Photo taken by someone in Africa. Placed on my harddrive by KD himself. For informational purposes. Covered by Section 107



[Paragraph F]
YOUTUBE

Video showing a proven false prophecy of KD. Excerpt. Covered by Section 107
This was a video demonstrating the mind control process used by KD through fear mongering and creating fear of the coming Big Brother state. Filmed by me. Used here in compliance with Section 107
Part of the Closer Look Debunked! series this was a video proving the fraudulent nature of the documentary and openly and obviously proving it to be a dishonest propaganda piece. This was footage from a camera on a tripod and I can be seen in the film , also filming from the rear angle with camera number 1. I removed this directly from the camera to my Mac for editing and don’t recall ever even giving a copy to the church. Either way, its obviously covered by Section 107.
Another Debunked! series piece covered here under Section 107
This was a video demonstrating the mind control process used by KD through fear mongering and creating fear of the coming Big Brother state. Filmed by me. Used here in compliance with Section 107
Same as Vimeo videos listed above. Covered by Section 107
Same as Vimeo videos listed above. Covered by Section 107
Same as Vimeo videos listed above. Covered by Section 107
Same as Vimeo videos listed above. Covered by Section 107
Same as Vimeo videos listed above. Covered by Section 107


[Paragraph G]
You neither asked for, nor received permission to transfer any sounds or visual images from the Archives to record to a disc, tape, videotape, film, or other article on which sounds or visual images are recorded onto any other disc, wire, tape, videotape, film, or article, to be taken off site. To the best of my knowledge the “Archives” is just some sort of fictional entity which may or may not occupy physical space. My archives were mostly on my own personally hard drive as a result of my own creation of them, being given to me, or on some occasions even being loaded onto my hard drives by KD himself. I see nothing which I require permission for anyways in the performance of spreading the news, educating the public and providing criticism as allowed to me by U.S. Law. Covered by Section 107. Any such transfer was conducted without the consent of the owner of the master disc, master tape, master videotape, master film, or other device or article from which the sounds or visual images were derived. 90% of any masters of anything I ever handed over to the church were nothing more than DVD’s I made and wrote “master” on with a Sharpie.  They were just master DVD’s photos or whatever else, and not originals. I hold the majority of the original physical and digital material, from which SCEI master copies were made, in my own possession and in the safe keeping of others. No permission has been granted for you to use or monetize the Works as the basis for any outside projects, nor to make or distribute copies of works derived therefrom. I have not monetized any material which was not my own. All copies of images and photographs not originally taken by me of SCEI-1BLOOD are used only for the purpose of news, education, research and criticism.  Therefore, I believe you have willfully infringed rights protected under 17 USC Section 101, et seq. and could be liable for statutory damages. Section 101 of Title17 dealing with Copyright Law is merely a chapter devoted to terms and definitions and protects nothing. Assuming that you meant to say Title 17 Chapter 1 as a whole there are plenty of protections for free use and reproduction to comply with freedom of speech laws. Under Section 107, Titled “Fair Use” permissions are clearly given along with the various situations which allow it. SCEI-1BLOOD CultWatch and SCEI-1BLOOD Fraud as well as all videos posted to video hosting sites clearly fall within the category of Section 107 exemptions.

To summarize my response to Paragraph G, although it may seem very unfair in some cases, the people have a great deal of freedom within copyright laws to freely communicate about copyright material, including photographing or videotaping (with or without permissions) for the purpose of freedom of speech and to protect the public by providing freedom of the press. Even in the case of images or videos being taken without permission or on private equipment there is ample case law and precedent to back up the right of the press. 

The fact remains that I broke no laws to obtain the materials in my possession and the possession of my affiliates, and that my use of all photographs has been for the purpose to expose criminal and immoral activities, to report important information regarding the physical wellbeing of the community, to criticize and openly protest against these activities and to provide research for educational purposes to the public and media so that the people can be made aware of important events within the commonwealth.

Although sites such as You Tube and Vimeo and online hosting companies do monetize user submitted material through advertising and product sales, these do not revoke Section 107 rights or the Digital Millenium Copyright Act in a case like this. CNN, ABC, NBC and the vast majority of other news sources monetize through advertising and product sales while still being protected. All though most of these companies will comply with a legitimate claim by removing material for a short time, without a court judgement or proceedings there is no law requiring them to continue censorship of material after several days.


[Paragraph H]
Among the inappropriate disclosures identified in public communications mediums include:
·  confidential business agreements,
Please provide an example of a confidential business agreement.
·  financially identifiable information, including signatures and biometric identifiers such as:
o    names,
o    account numbers
o    fingerprints,
This must refer to the Sta. Romana Estate documents I published. That estate, by KDJ’s own admission, was composed of illegally acquired gold, obtained by the Nazi’s from Jews in concentration camps and Japanese war prizes, hidden in a vault in the Philippine’s and secretly administered by the CIA through a straw-man named Santa Romana to create a black ops hedge fund worth trillions of dollars for the subversion of national governments and funding of wars. Not only does this violate countless international laws, treaties and relations, it also subverts the United States people, would constitute treason as punishable by death and is morally void. If it is not the right of the press and educational institutions or teachers to report to the public, I do not know what is.

·  confidential diplomatic communications,
Kenneth Jackson has not produced any verifiable proof of education, medical training or affiliation with 90% of his alleged accomplishments or associations. He has not been publicly registered in any government registry as holding any diplomatic titles or positions and has not yet been recognized or verified by the U.S. State Department. Moreso, the U.S. State Department has made no recognition of Miracle Manor as being any form of protected embassy or consul and no such recognition of SCEI-1BLOOD Internationals diplomatic status been made by any legitimate authoritative international body. The copies of “diplomatic” correspondences reported on our sites are simply evidence of Kenneth Jackson’s involvement with puppet dictators and international war criminals and known subversives. Multiple attempts at verifying any legitimacy to these documents through contact with the various West African governments and most, if not all, signatories to documents in our possession are now dead.
·  names and addresses of Church members,
The reporting of names of people involved in crimes, cults, political organizations, NGO’s, churches, companies, etc. is nothing new, nor does our use violate the law. As far as addresses, I have not published the personal addresses of individual members. The address given was the publicly published church address at 5 Joyce Drive. Several members of the cult live at that address on the compound and they are living with the choices they made. They chose to share an address with a cult and now they are associated with news and information about the cult.
·  photographic identification of faces and names of minor children without permission of parents or copyright holder
First, I took the images on my camera with the consent of the private property owners as well as the mother of the children. Second, there is no copyright law relating to children, and federal laws to not prohibit the photography of children. No one can be confused by looking at the picture that she was posing for a photograph and willingly displayed her children. Lastly, to date, the mother has still not made any complaint to us and we do not consider SCEI-1BLOOD International to have the legal right to speak on her behalf. We are still protected under Section 107. However, for our own ethical reasons, and because we did not at the time of publishing realize that the minors names had been displayed in the image URL of the photograph’s, and will in good faith edit those URL’s so as not to provide names of small children. The photograph itself however will remain posted as protected under Section 107 until such time as a court judge orders its lawful removal.
Which as (a) former church administrator(s), you(r)(s) had a legally enforceable duty to keep confidential. All of which are against applicable state and federal law.
That is a sweet sentiment, but it holds no legal water in this case. Firstly, I was never made aware that I was a church administrator. I was always being given instruction those who called themselves church administrators, and frequently advised and collaborated with them, but they never referred to me as an administrator and in fact made it seem quite clear that I was not. My duties, as I accepted them, were to create and maintain propaganda and to manage public relations, using the tools and resources at my disposal and most often did so publicly as Emagyn Media Company. I never received any salary or stipend nor did I ever enter into any sort of formal agreement or contract regarding terms or conditions of my administrative position, legal obligations or hierarchal position within the organization. Most importantly, all pretenses that I actually did have were based on false representation by Kenneth Jackson, deception, criminal fraud and extortion. At no time did I ever relinquish my freedom or independence, or my right to freedom of speech. No gag order has been placed upon me and no non-disclosure agreements were ever signed or recorded. I am under no obligation, legal or otherwise, to protect the unethical and illegal actions of SCEI-1BLOOD, its membership or affiliates. I have the right to produce evidence in the form of images, videos, copies of documents, literature and recordings to the public for the purpose of education, public awareness, reporting a crime, criticizing a cult and defending the republic as allowed to me under Title 17 Section 107.

[Paragraph I]
This is timely written Notice and Demand that you are to IMMEDIATELY CEASE and DESIST from:
1.     The use and distribution of all infringing works derived from the Works, and all copies of them;
2.     Desist from this or any other infringement of SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA my rights in the future;
3.     Make available for inspection and copying, all materials, outtakes and footage that were your duty to place, with the originals thereof, in the Archives;
4.     Recover and return all unauthorized copies of SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES private property distributed to any third parties and inform them that you were without authority to grant any use of the copyrighted materials.
In response to your notice and demand to cease and desist, I refuse on all 4 measures to comply, and stand in defiance of your assumed authority to censor the press and my own person. I invoke my right to freedom of speech to the extents provided by applicable copyright law under Title 17 Section 107 of the USC. I retain my right and the right of all others in possession of the materials in question, to copy and redistribute and further build upon the research and education and investigations into SCEI-1BLOOD International, destructive cults in general, the impacts on society and culture, criminal implications and the right of the people to know about such institutions and threats to the U.S. Republic and other free peoples around the world.
[Paragraph J]
It is my opinion that CLAYTON L. LUCE'S actions have violated state and Federal laws. Your continued violations which infringe SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES copyrights, may constitute harassment and may subject you to substantial civil damages in addition to statutory fines and penalties. This Notice will serve as proof that you were fully informed of said violations and harassment and that you voluntarily, willfully and knowingly, chose to continue to commit said crime(s) against SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES, the minor children whose faces and names have been improperly disclosed and myself.
I refuse and disavow that assumption and claim under penalty of perjury that Iyel bey and SCEI-1BLOOD International have failed to cite laws or precedence’s that would suggest that I am committing any crimes. I fully maintain that my actions have been protected by the U.S. Constitution and U.S. Copyright Law and that no crimes have been committed. I fully intend to continue in my legal and moral obligations to reveal the treachery of SCEI-1BLOOD and to provide needed information to the public, researchers, politicians, law enforcement, scholars, etc., as well as for my own personal activism and criticism as protected by freedom of speech in this country. I am a flesh and blood human and have on multiple occasions now corresponded to legal accusations against me, and affixed my signature to submit the matter before a United States court of law, and to comply with any judgment granted, and the process of appeals.

Furthermore, I refuse to take responsibility for the actions or assumed liabilities clearly implied by Mr. Bey under the identity CLAYTON L LUCE. I am operating always in this matter as my flesh and blood human identified as Clayton L. Luce. Although there are a number of legal fictions and straw men referred to in this Cease and Desist, they all exist on the part of Iyel Bey and Kenneth Jackson. I represent only the living breathing body of myself and other living breathing bodies represented by me.  

[Paragraph K]
If I have not received an affirmative response from you by June 31, 2013, indicating that you have fully complied with these requirements, I shall consider taking the full legal remedies available to rectify this situation.
I have told you in three or four letters now, both public and private, that I have no intention of complying with your demands and of your need to bring the matter to court should you so decide. This will be the last official correspondence I will make regarding this matter until I receive a Notice to Appear. You cannot threaten me or try to intimidate me with legal threats. I am fully prepared to defend myself in court and will appreciate the opportunity. However, it is not I who is making the demand, so it will not be I who will file the first motion.
As a review:
[Paragraph L]
I demand that you immediately cease the use and distribution of all infringing works derived from the Works, and all copies of them, and that you make available for inspection and copying, all materials, outtakes and footage that were your duty to place, with the originals thereof, in the Archives, and that you deliver to me all unused, undistributed copies of the Works, and that you desist from this or any other infringement of SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES or my rights in the future.

Notice to agent is notice to principal Notice to Principal is notice to agent.


Sincerely, with all rights reserved,
SOVEREIGN CHURCH OF 'ELOHIYM INTERNATIONAL MULTIMEDIA ARCHIVES

BY:

Iyel Bey

Iyel Bey, Secured Party
c/o 5 Joyce Dr.
Macon, Georgia [31217]
a temporary mailing address




PROOF OF MAILING

The living, breathing, flesh and blood, sentient man known by the appellation Iyel Bey, does hereby certify that true and correct copies of the PRIVATE FORMAL NOTICE AND DEMAND TO CEASE AND DESIST
INFRINGEMENT ACTIVITYhave been served this day: June ___________, 2013 A.D., by USPO Certified Mail addressed as follows:


CLAYTON L. LUCE, individually and
dba EMAGYN MEDIA COMPANY, and
dba GSS ALLIANCE
dba NOMORE1BLOOD



No comments:

Post a Comment