Lawyer threatens Debito.org in 2009 re a 1993 article in The Australian Magazine on Japan pundit Gregory Clark. Had received reprint permission, so nothing came of it.

mytest

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Hi Blog.  I’ve been sitting on this blog post for nearly six years, so I think it’s safe to say that nothing has come of this.

Back in 2009, somebody claiming to be a lawyer representing the publisher of The Australian Magazine contacted me, claiming copyright infringement, and demanded that Debito.org remove from its archives a 1993 article concerning Japan pundit Gregory Clark (who writes articles occasionally so embarrassingly xenophobic and bigoted that at least one has been deleted from the Japan Times archive).

Funny thing is that once I reproduced an email from 2000 from The Australian Magazine that permitted reproduction of said article on Debito.org, that somebody and her threat vanished.

Again, that was back in 2009.  It’s now 2015, so let’s put this up for the record.  Something tells me that Gregory Clark really doesn’t want you to read this very revealing article in The Australian about him, his modus operandi, and his motives in Japan.  Dr. ARUDOU, Debito

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Please see letter attached.

Gina McWilliams
Legal Counsel
Nationwide News Pty Limited & News Digital Media Pty Limited
2 Holt Street, Surry Hills NSW 2010, Australia
t: 02 9288 3042   |   f: 02 9288 2480   |   m: 0402 140591   |   mcwilliamsg@newsltd.com.au

The Australian   |    The Weekend Australian   |   The Daily Telegraph   |   The Sunday Telegraph   |   mX   |   The Sportsman   |   news.com.au

<03 – Ltr debito.org 28.7.09.pdf>

Nationwidenews01072809

Nationwidenews02072809

//////////////////////////////////////////////////////////

Date: August 2, 2009 3:04:28 PM JST

To: “McWilliams, Gina” <mcwilliamsg@newsltd.com.au>

Subject: Re: Copyright Infringement — Permission granted December 19, 2000 for reprint by Australian Magazine

Hello Ms McWilliams, and thank you for your attachment.  My apologies for my late reply.  It has been a busy week, and it has taken a little time to visit my safe deposit box and retrieve backed-up emails that are nearly ten years old.

Here is the permission I received from a M. Mairead Sweeney of The Australian Magazine, Dated December 19, 2000, to reprint the article “Our Other Man in Japan”.

============= PERMISSION GRANTED TEXT BEGINS [REDACTED:  FULL TEXT IN CONTEXT HERE] =================

From ???@??? Tue Dec 19 08:35:29 2000
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From: “Magazine,  Australian” <ausmag@matp.newsltd.com.au>
To: “‘debito@debito.org‘” <debito@debito.org>
Date: Tue, 19 Dec 2000 09:55:31 +1100
MIME-Version: 1.0
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Dear Dave

Apologies for the delay in getting back to you.
There is no problem reproducing the article, as long as credit is given to
The Australian Magazine.
Happy Christmas.

Regards
Mairead Sweeney
The Australian Magazine

============= PERMISSION GRANTED TEXT ENDS =================

Credit is, and always has been, given to The Australian Magazine.

Please review the following context from which this is taken.  Here is my request to The Australian Magazine, dated December 4, 2000, for reproduction permissions to print “Our Other Man in Japan”.  It is in raw text format (importing email from an old program [somewhat abridged]), for copyright permission, followed by the exchanges which resulted in the abovementioned permission being granted.  My name back then was David Aldwinckle (it is now Arudou Debito, due to naturalization as a Japanese citizen).

I would appreciate receiving your acknowledgment of these permission-granted circumstances as soon as possible.  I also wish you would do your homework before sending “notice” letters to my friends.  My friend, [SH, who hosted my site at the time], who was also sent your “notice” letter, is hereby cc-ed with this reply.  Kindly cc him your acknowledgment as well.

Arudou Debito (ne David Aldwinckle) in Sapporo, Japan

=========== PERMISSION REQUEST BEGINS ==================

From ???@??? Mon Dec 04 14:28:13 2000
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Date: Mon, 4 Dec 2000 13:20:51 +0900
To: ausmag@matp.newsltd.com.au
From: Arudou Debito/Dave Aldwinckle <debito@debito.org>
Subject: Inquiry to The Australian about old article
Cc: debito@debito.org
X-UIDL: bc68a5de1a75c6385b5848adcc747ef6
To whom it may concern:

I am looking for an old article of yours which appeared in THE AUSTRALIAN
MAGAZINE.  The date is not written anywhere on the pages, but here are the
details as I know them:

PUBLICATION:  The Australian Magazine
ARTICLE TITLE:  “Our Other Man in Japan”
AUTHOR:  Richard McGregor
CONTENTS:  about Gregory Clark’s life and times here in Japan
PAGE NUMBERS:  pp. 27 to 41?
APPROXIMATE DATE:  1993-94 (article mentions Hosokawa as Prime Minister)

Could you please tell me of the date and issue number etc. for the article
for proper citation?

Thank you very much,
Dave Aldwinckle in Sapporo, Japan
(your contact details courtesy of Mr Steven Lunn, Tokyo Correspondent)

=======================

=========== PERMISSION REQUEST ENDS ==================

And here is the answer I received, or rather the communication as it transpired (it took a few exchanges of emails):

=========== PERMISSION GRANTED BEGINS ==================

From ???@??? Mon Dec 04 15:37:20 2000
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From: “Magazine,  Australian” <ausmag@matp.newsltd.com.au>
To: “‘Arudou Debito/Dave Aldwinckle'” <debito@debito.org>
Subject: RE: Inquiry to The Australian about old article
Date: Mon, 4 Dec 2000 17:03:22 +1100
MIME-Version: 1.0
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Hi Dave
Well the good news it that I’ve had success in locating the article.  The
details are:

The Australian Magazine, 16th October 1993, Edition 1.

If you need further information, please do not hestitate to contact me.
Regards
Mairead Sweeney
The Australian Magazine.

—–Original Message—–

From: Arudou Debito/Dave Aldwinckle [mailto:debito@debito.org]
Sent: Monday, 4 December 2000 4:34
To: Magazine, Australian
Subject: RE: Inquiry to The Australian about old article

Thanks for your speedy reply!
I only have a photocopy of the article in question, and no, I’m afraid it
(oddly enough) doesn’t give the date etc where it indicates the page number.
I’m afraid that you have all the information that I have.
Thanks for looking.  I would really appreciate it and don’t mind if it takes
a few days.  It’s quite a big article with a full-page photograph of Gregory
Clark.

Dave Aldwinckle
Sapporo

//////////////////////////

At 4:16 PM +1100 12/4/00, Magazine,  Australian wrote:

> Dear Dave
> I presume you don’t have the front cover of the magazine, just the pages in
> question (?). Where it says the page number, normally it has the Issue Date
> also.  This could be just on the more recent editions, I don’t know.  I have
> had a quick look through our computerised archives but have found nothing
> yet.  It may take a day or two to locate the information you require.

> Regards
> Mairead Sweeney
> The Australian Magazine

> —–Original Message—–
> From: Arudou Debito/Dave Aldwinckle [mailto:debito@debito.org]
> Sent: Monday, 4 December 2000 3:21
> To: ausmag@matp.newsltd.com.au
> Cc: debito@debito.org
> Subject: Inquiry to The Australian about old article
>
> To whom it may concern:
> I am looking for an old article of yours which appeared in THE AUSTRALIAN
> MAGAZINE.  The date is not written anywhere on the pages, but here are the
> details as I know them:
> PUBLICATION:  The Australian Magazine
> ARTICLE TITLE:  “Our Other Man in Japan”
> AUTHOR:  Richard McGregor
> CONTENTS:  about Gregory Clark’s life and times here in Japan
> PAGE NUMBERS:  pp. 27 to 41?
> APPROXIMATE DATE:  1993-94 (article mentions Hosokawa as Prime Minister)
> Could you please tell me of the date and issue number etc. for the article
> for proper citation?
> Thank you very much,
> Dave Aldwinckle in Sapporo, Japan
> (your contact details courtesy of Mr Steven Lunn, Tokyo Correspondent)
> =======================

From ???@??? Mon Dec 04 16:39:12 2000

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In-Reply-To:
<25EAA402DE2FD111B8400000F875354809CC63AD@sydexchange.matp.newsltd.com.au>
Date: Mon, 4 Dec 2000 15:49:16 +0900
To: “Magazine,  Australian” <ausmag@matp.newsltd.com.au>
From: Arudou Debito/Dave Aldwinckle <debito@debito.org>
Subject: RE: Inquiry to The Australian about article on Gregory Clark
X-UIDL: 3f533fa822bf35aa7537f6496a033048
At 5:03 PM +1100 12/4/00, Magazine,  Australian wrote:
> Hi Dave
> Well the good news it that I’ve had success in locating the article.  The
> details are:
> The Australian Magazine, 16th October 1993, Edition 1.
> If you need further information, please do not hestitate to contact me.
> Regards
> Mairead Sweeney
> The Australian Magazine.

Excellent!  Thank you very much!
Would it be possible to receive permission from The Australian to reprint
this article in full in our next issue of NPO Japan Association for Language
Teaching (JALT)’s Journal of Professional Issues?
We are a non-profit organization and our publication fees are funded by both
JALT and from our subscribers (about 75 people).
To find out more about our Journal and to see back issues, please see
http://www.debito.org/PALEJournals.html
To find out more about JALT, please see
http://www.jalt.org/

Thank you very much for your time, and we look forward to hearing from you.

Best wishes,
Dave Aldwinckle
One JALT Journal of Professional Issues Editor

=======================

From ???@??? Tue Dec 19 08:35:29 2000
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From: “Magazine,  Australian” <ausmag@matp.newsltd.com.au>
To: “‘debito@debito.org‘” <debito@debito.org>
Date: Tue, 19 Dec 2000 09:55:31 +1100
MIME-Version: 1.0
X-Mailer: Internet Mail Service (5.5.2650.21)
Content-Type: text/plain;
charset=”iso-8859-1″
X-UIDL: 4832aa583d16c79d5ae0671212ec2ec5

Dear Dave
Apologies for the delay in getting back to you.
There is no problem reproducing the article, as long as credit is given to
The Australian Magazine.

Happy Christmas.
Regards
Mairead Sweeney
The Australian Magazine

============ PERMISSION GRANTED ENDS ==================

From: Arudou Debito [mailto:debito@debito.org]
Sent: Tuesday, 11 August 2009 1:44 AM
To: McWilliams, Gina
Subject: RESEND: Copyright Infringement — Permission granted December 19, 2000 for reprint by Australian Magazine

Hello Ms McWilliams.  It’s been more than a week.  May I have a
response or an acknowledgment of receipt, please?  Arudou Debito

///////////////////////////////////////////////////////

On Aug 14, 2009, at 5:13 PM, McWilliams, Gina wrote:
Dear Mr Debito

As previously noted, my client has no record of permission being granted for the relevant article to be reproduced/communicated on www.debito.org.

If, in fact, authorisation was granted in the terms set out below, I am instructed that my client now withdraws permission for the relevant article to be reproduced/communicated on www.debito.org and requires you to remove the article from the website within 7 days.

My client reserves all rights with respect to publication of the article on www.debito.org.

Yours sincerely
Gina McWilliams   |   Legal Counsel   |  Nationwide News Pty Limited & News Digital Media Pty Limited

////////////////////////////////////////////////////

From: Arudou Debito <debito@debito.org>
Date: August 16, 2009 12:05:09 AM JST
To: Gina McWilliams <mcwilliamsg@newsltd.com.au>
Subject: Re: RESEND: Copyright Infringement — Permission granted December 19, 2000 for reprint by Australian Magazine

Look, I don’t know who you are, and I cannot trace this email’s IP on standard searches.  Until I speak in person to a member of the media corporation claiming copyright over this article (that was granted me in writing fair and square from the actual media outlet several years ago), not just some alleged transmission from an alleged lawyer through an unverifiable email, I feel no credibility may be attached to this communication. Names and contact details.  From them directly.  And get my name right.

////////////////////////////////////////////////////

I received no further response from the organization or Ms. McWilliams.  A friend contacted people within The Australian in March 2010 and unearthed this:

“I had been curious regarding Mr. Clark’s claims that the 1993 article about him in The Australian Magazine was retracted. I called the news desk at The Australian and they searched their archives in the basement. They found a letter to the editor from Clark regarding the article. However, they searched three weeks of issues following the article and they could not find any retraction or correction printed. Therefore, I found no evidence supporting Mr. Clark’s claim that the article was retracted.”

ENDS

5 comments on “Lawyer threatens Debito.org in 2009 re a 1993 article in The Australian Magazine on Japan pundit Gregory Clark. Had received reprint permission, so nothing came of it.

  • Good job for posting this! Next time, please aim for a one month waiting period. Six years is too long!

    A note to other people who would try to withdraw their own speech: Beware the Streisand Effect. Fight speech with more speech. Don’t fight it with lawyers, and don’t try to cover up things you once publicly said.

    Reply
  • Interesting to note that many Japanese feel Gregory Clark is anti-Japan (hannichi) and writes articles biased heavily towards the views of China and North/South Korea. Clark calls North Korean abductions of Japanese “Bogus” and claims the Tiananmen massacre is a myth. Details in the link below, for those who want to read more. Clark is no friend of Japan or the Japanese people, and does plenty to damage the image of Anglo-Saxon non-Japanese through his statements that sound very condescending and inherently racist against non-white people.

    http://blog.livedoor.jp/tonchamon/archives/51112430.html

    — Well, according to that link, one person feels that way. Anyway, Debito.org is not a fan of falling for the fallacy that one person’s actions “damage the image of Anglo-Saxon non-Japanese”. Let’s debate this person on the merits of what he says and does as an individual, not the alleged collective’s faulty attributions towards another alleged collective.

    Reply
  • Loverilakkuma says:

    @John, #2

    I saw her profile in linkedin account, too. It’s hard to see if it’s a scam, but it doesn’t seem to be authentic, either (well, it’s a customized online resume). Since the article involves the biography of a notorious GC, I wouldn’t be surprised if he indeed contacted the NNPL to put a gag on anyone who attempts to reveal his dirty little secrets, judging from his posting on debito.org in 2009.

    Clearly, this lawyer assumed that an owner (or an editor) of published article — who gave you permission for (re)publishing on the blog — was an article author. But I’m not sure if an author had represented McWilliams’ client.

    Anyway, it’s patently absurd to conclude any attempt to transfer published articles for non-commercial use is an infringement of copyright. If this is true, anyone blogging worldwide regardless of profession (activists, journalists, professors, teachers, students) would end up getting arrested and imprisoned for violation of copyright laws.

    Reply
  • Natsukashii. I renember reading the 1993 article in around 2000 and how the scales fell off my eyes. Good job, Debito. There are some things that do not deserve to be forgotten.

    Reply

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