Cause no. 352-248169-10 filed in the 352nd Judicial District of Tarrant County, Texas. Judge Bonnie Sudderth. Plaintiff is represented by attorney Randy Turner aka Randall Turner Fort Worth, Texas lawyer at Bailey and Galyen. Defendant is currently pro se.
September 15, 2010.Bat World Sanctuay/Amanda Lollar original complaint
January 28, 2011.Memorandum to support motion to dismiss for lack of jurisdiction
Exhibits submitted to the court. I have a LOT more evidence but I haven’t submitted it yet. I will be posting it all here.
Lollar states in her original complaint that she did not give me permission to take photos, videos.
June 25, 2010 I emailed Lollar letting her know that I had loaded photos up to my Facebook page. She said “Thank you Mary!!” I email Lollar my FB page with photos. She likes them and even says thank you
June 21, 2010 I was handed this document when I arrived in Mineral Wells, Texas, “General rules and expectations during your internship.” It clearly states “14. Take as many pictures as you like of both procedures and bats.” Intern Rules
Lollar stated I loaded up all my photos and videos AFTER I left Bat World. Pdf print out of the dates all of my YouTube videos from Bat World were loaded up. I blacked out images of the videos. I loaded all of them up but one while at was at Bat World from June 21, 2010 to June 28, 2010. Every day Amanda would talk about the videos and thank me. She even instructed me to take photos and videos. She liked having them on YouTube.Videos were posted before I left
May 4, 2011 Lollar submitted copies of my YouTube videos. You can clearly see the date I loaded them up on her copies. She just made these videos public by entering them as evidence in this public case. If she states that the videos share copyrighted, proprietary information, why did she just share them with the world?
I have a print out of all of my Facebook images. They were also posted while I was at Bat World, uploaded June 21 to June 28, 2010. I submitted them as evidence May 4, 2011. I’d repost it here but I can’t post those photos. May 4, 2011 Lollar also submitted evidence to the court. It was copies of my Facebook images. The date I loaded them up is on her documents. You can clearly see they were loaded before I left. She submitted evidence which proves she lied in her original complaint. She also submitted my photos in this public court case even though she said my images harm her and show proprietary and copyrighted techniques.
A short note on copyrighted material. The fair use act of copyrightstates “Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.” It also states “Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research.” One, I am a non-profit educator and commenter on animal issues. Two, I never copy/pasted a single word for her book or website. Three, her book was available for free. Four, she’s been posting similar photos, videos on YouTube, Yahoo and her website for years. Five, she wrote a how-to book. If you didn’t want people to use the techniques, don’t write a how-to book.
A short note on proprietary material. Here is a summary of proprietary information. From their site, “Proprietary information, also known as a trade secret, is information a company wishes to keep confidential. Proprietary information can include secret formulas, processes, and methods used in production. It can also include a company’s business and marketing plans, salary structure, customer lists, contracts, and details of its computer systems. In some cases, the special knowledge and skills that an employee has learned on the job are considered to be a company’s proprietary information.”
Bat World Sanctuary is a non-profit. The purpose of the internship was to teach people to care for bats so they could teach others. I did not learn anything new at Bat World. Everything I saw was already in her 2002 Barbara French & Amanda Lollar book. It was in her public website and Yahoo group. I therefore did not receive any proprietary material, nor did I share any.
A short note on defamation.Defamation “is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).” I have never defamed Amanda Lollar or Bat World Sanctuary. I have never lied about them. They have submitted no proof of any defamatory material.
May 4, 2011 Bat World Sanctuary got a temporary injunction against me. I was instructed to remove my photos and videos which I took while at Bat World. I am not allowed to personally repost them while this case continues. Anyone else can post, repost my photos and videos which they have. You can use Google search to see the photos and videos which others have posted. There are now even quite a few articles which others have written.
I personally feel that this lawsuit is frivolous, malicious and meritless. Soon I will prove that in court.
This is not the first time I have been sued for standing up for what’s right. Here are the last two cases which I won. I was also pro se.